This Chapter shall not apply to the following:
(a) Any project for which and to the extent that a vesting Tentative Map approved prior to August 10, 1988, or a Public Benefit Agreement approved prior to June 30, 1989, confers vested rights under County ordinance or State or Federal law to proceed with development notwithstanding the enactment of this Chapter, or its predecessor Ordinances Nos. 7521, 7549, 7595, 7596, 7631, 7685, 7739, 7968 and 9842 (all N.S.).
(b) All or any portion of a Specific Plan which has at least one Tentative Map or Tentative Parcel Map approved prior to August 10, 1988, provided that the Planning Commission or, on appeal, the Board of Supervisors, makes the following findings at a noticed public hearing:
(1) The applicant has, with regard to the portion sought to be exempted, prior to August 10, 1988, incurred substantial public facilities or infrastructure expenditures and performed substantial grading or construction of physical improvements to serve the portion outside of the approved map in good faith.
(2) If there are located wetlands or floodplains or riparian habitat on the portion sought to be exempted, that (aa) none of said lands is affected directly or substantially by the project, or (bb) that measures have been taken which avoid development on said lands.
This Chapter shall also not apply to any amendment to such Specific Plan meeting the above requirements, and which does not increase the density of the Specific Plan and which is in closer conformity to this Chapter with respect to the preservation of environmentally sensitive lands, nor to any amendment to a Specific Plan which is required by a condition of a Specific Plan approved prior to August 10, 1988, in order to apply for a Tentative Map or use permit for an area within the Specific Plan, provided such area has previously been found to satisfy the requirements of this section. This Chapter shall also not apply to any Specific Plan or portion thereof for which these findings were made and for which a determination of exemption was granted from the Interim Sensitive Lands Ordinance (Ordinance Nos. 7521, 7549, 7595 and 7596 (all N.S.).
(c) Any essential public facility or project, or recreational facility which includes public use when the authority considering an application listed at Section 86.603(a) above makes the following findings:
(1) The facility or project is consistent with adopted community or subregional plans;
(2) All possible mitigation measures have been incorporated into the facility or project, and there are no feasible less environmentally damaging location, alignment, or non-structural alternatives that would meet project objectives;
(3) Where the facility or project encroaches into a wetland or floodplain, mitigation measures are required that result in any net gain in the wetland and/or riparian habitat;
(4) Where the facility or project encroaches into steep slopes, native vegetation will be used to revegetate and landscape cut and fill areas; and
(5) No mature riparian woodland is destroyed or reduced in size due to otherwise allowed encroachments.
(d) Any sand, gravel or mineral extraction project, provided that the following mitigation measures are required as a condition of a Major Use Permit approved for such project:
(1) Any wetland buffer area shall be restored to protect environmental values of adjacent wetlands;
(2) In a floodplain, any net gain in functional wetlands and riparian habitat shall result in or adjacent to the area of extraction;
(3) Native vegetation shall be used on steep slope lands to revegetate and landscape cut 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 natural landform which is consistent with the surrounding area; and
(4) Mature riparian woodland may not be destroyed or reduced in size due to sand, gravel or mineral extraction.
Use of the extraction area after reclamation shall be subject to all conditions of this Chapter.
(e) 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 property in violation of Federal or State Constitutional prohibitions against the taking of property without just compensation.
(f) Any project located within the Upper San Diego River Improvement Project's redevelopment area boundaries.
(g) Any project for which the Director of the Department of Planning and Development Services has determined in writing that it can be seen with certainty that either no environmentally sensitive lands exist on the property, or that all environmentally sensitive lands on the property are assured of being protected by a prior permit to the same standards as those contained in this Chapter.
(h) Any project located within a Specific Plan, within the Urban Limit Line, and within an approved Revitalization Action Plan established prior to August 10, 1988, where the Board of Supervisors finds that an amendment to that Specific Plan makes the project more clearly conform to this Chapter and where there is a public benefit beyond the boundaries of the project and it is found that the project will revitalize and/or stimulate revitalization of the community.
(i) Any project located within the approximately 22,500 acre property known as "Otay Ranch", if determined to be consistent with a Comprehensive Resource Management and Protection Program which has been adopted by the Board of Supervisors for the "Otay Ranch".
(j) The continuation of any on-going existing agricultural operation, such as the cultivation, growing and harvesting of crops and animals. Land left fallow for up to four years shall be considered to be an existing agricultural operation.
(k) (With reference only to the definitions of "floodplain", "floodplain fringe", and "floodway" and the provisions of Section 86.604 (c) and (d) of this Chapter). Any modification to the floodplain, floodplain fringe, or floodway pursuant to a project within the community of Jacumba when the following findings are made:
(1) The project is located within a Specific Planning Area or Country Town boundary.
(2) The project will result in a socio-economic benefit through the revitalization of an existing community.
(3) The project will result in alleviation of flood danger to existing structures in Jacumba, and the means for funding all required flood improvements and obtainment of rights-of-way has been secured.
(4) Any flood control improvements will not adversely affect significant wetland and riparian habitats and will create any net gain in such habitats.
(5) Except as expressly exempted herein, the project shall be in conformance with the County General Plan, the Zoning Ordinance, and other applicable regulations or policies of the County at the time an application is filed with the County.
(l) Any project within the approximately 468-acre property known as the Harmony Grove Village Specific Plan Area, if determined to be consistent with a Comprehensive Resource Management and Protection Program which has been adopted by the Board of Supervisors for the Harmony Grove Specific Plan Area.
(m) Any project which is only subject to this Chapter because it is on land which contains wetlands, and those wetlands would not exist under natural conditions, but are the result of, and sustained by an artificial transient water source (e.g. agricultural irrigation runoff) and the Director of Planning and Development Services determines that it is assured that the water source will not continue to be available to support wetland vegetation. While such lands are not required to be placed in an open space easement, any direct project related impacts that will occur as a result of the development shall be mitigated a minimum ratio of 3:1 (this shall include a minimum 1:1 creation component, while restoration/enhancement of existing wetlands may be used to make up the remaining requirements for a total 3:1 ratio).
(Added by Ord. No. 9842 (N.S.), effective 4-20-07; amended by Ord. No. 10167 (N.S.), effective 10-14-11; amended by Ord. No. 10224 (N.S.), effective 10-25-12)