Chapter 16.32
SENSITIVE HABITAT PROTECTION
Sections:
16.32.070 Assessments and reports required.
16.32.080 Report preparation and review.
16.32.090 Approval conditions.
16.32.095 Project density limitations.
16.32.110 Repealed.
16.32.131 Repealed.
16.32.132 Repealed.
16.32.134 Repealed.
16.32.010 Purposes.
The purposes of this chapter are to minimize the disturbance of biotic communities which are rare or especially valuable because of their special nature or role in an ecosystem, and which could be easily disturbed or degraded by human activity; to protect and preserve these biotic resources for their genetic, scientific, and educational values; and to implement policies of the General Plan and the Local Coastal Program Land Use Plan. [Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.020 Scope.
This chapter sets forth rules and regulations for evaluating the impacts of development activities on sensitive habitats; establishes the administrative procedures for determining whether and what type of limitations to development activities are necessary to protect sensitive habitats; and establishes a procedure for dealing with violations of this chapter. This chapter shall apply to both private and public activities including those of the County and other such government agencies where not exempted therefrom by State or Federal law. Any person doing work in conformance with this chapter must also abide by all other pertinent local, State and Federal laws and regulations. [Ord. 4166 § 4, 1991; Ord. 4027 § 6, 1989; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.030 Amendment.
Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When an ordinance revision constitutes an amendment to the Local Coastal Program such revisions shall be processed pursuant to the hearing and notification provisions of Chapter 13.03 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.040 Definitions.
All terms used in this chapter shall be as defined in the General Plan and Local Coastal Program Land Use Plan and as follows:
“Area of biotic concern” means any area in which development may affect a sensitive habitat, as identified on the Local Coastal Program sensitive habitats maps, the General Plan resources and constraints maps and other biotic resources maps on file in the Planning Department, or as identified during inspection of a site by Planning Department staff.
“Biotic assessment” means a brief review of the biotic resources present at a project site prepared by the County biologist.
“Biotic permit” means a permit for development in an area of biotic concern issued pursuant to the provisions of this chapter.
“Biotic report” means a complete biotic investigation conducted by an approved biologist from a list maintained by the County, including but not limited to the following:
(1) Identification of the rare, endangered, threatened and unique species on the site;
(2) Identification of the essential habitats of such species;
(3) Recommendations to protect species and sensitive habitats. When a project is found to have a significant effect on the environment under the provisions of Section 602 of the environmental impact guidelines, the biotic report shall be made a part of the environmental impact report.
“Building envelope” means a designation on a site plan or parcel map indicating where structures and paving are to be located.
“Decision-Making Body” means the Zoning Administrator, Planning Commission, or Board of Supervisors, whichever body is considering the development permit, when biotic review is concurrent with review of a development permit. When a biotic permit is required, the Decision-Making Body shall be the Planning Director.
“Development/development activity” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; reconstruction, demolition, alteration or improvement of any structure in excess of 50 percent of the existing structure’s fair market value, including any facility of any private, public or municipal utility; the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973; the disturbance of any rare, endangered, or locally unique plant or animal or its habitat.
“Disturbance” means any activity which may adversely affect the long-term viability of a rare, endangered, threatened, or locally unique species or any part of a sensitive habitat.
“Environmental Coordinator” means the Planning Department staff person assigned to review applications and make determinations based upon the County environmental review guidelines adopted pursuant to Chapter 16.01 SCCC.
Environmentally Sensitive Habitat Area. See “sensitive habitat.”
Essential Habitat. See “sensitive habitat.”
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors, as determined by the County.
“Impervious surface” means any nonpermeable surface, including roofs and nonporous paving materials such as asphalt or concrete, but not including directly permeable surfaces such as decks that allow the passage of water or gravel driveways less than five inches thick.
“Person” means any individual, firm, association, corporation, partnership, business, trust company, a public agency as specified in Section 53090 of the California Government Code, or the State or a State agency.
“Rare and endangered species” means a plant or animal species designated as rare, endangered or threatened by the State Fish and Game Commission, the United States Department of the Interior Fish and Wildlife Service, or the California Native Plant Society.
“Resource dependent use” means any development or use which requires utilization of a natural resource and must be sited within a sensitive habitat in order to be able to function at all, such as a fish hatchery.
“Restoration” means restoring native vegetation, natural drainage, and water quality, including but not limited to replanting native vegetation, removing garbage, and protecting the habitat from the inflow of polluted water or excessive sedimentation.
Sensitive Habitat. An area is defined as a “sensitive habitat” if it meets one or more of the following criteria:
(1) Areas of special biological significance as identified by the State Water Resources Control Board.
(2) Areas which provide habitat for locally unique biotic species/communities including but not limited to: oak woodlands, coastal scrub, maritime chaparral, native rhododendrons and associated Elkgrass, indigenous Ponderosa Pine, indigenous Monterey Pine, mapped grassland in the Coastal Zone and sand parkland; and special forests including San Andreas Oak Woodlands, indigenous Ponderosa Pine, indigenous Monterey Pine and ancient forests.
(3) Areas adjacent to essential habitats of rare, endangered or threatened species as defined in subsections (5) and (6) of this definition.
(4) Areas which provide habitat for species of special concern as listed by the California Department of Fish and Game in the special animals list, natural diversity database.
(5) Areas which provide habitat for rare or endangered species which meet the definition of Section 15380 of the California Environmental Quality Act guidelines.
(6) Areas which provide habitat for rare, endangered or threatened species as designated by the State Fish and Game Commission, United States Fish and Wildlife Service or California Native Plant Society.
(7) Nearshore reefs, rocky intertidal areas, seacaves, islets, offshore rocks, kelp beds, marine mammal hauling grounds, sandy beaches, shorebird roosting, resting and nesting areas, cliff nesting areas and marine, wildlife or educational/research reserves.
(8) Dune plant habitats.
(9) All lakes, wetlands, estuaries, lagoons, streams and rivers.
(10) Riparian corridors.
“Structure” means anything constructed or erected which requires a location on the ground or in the water, including but not limited to any building, retaining wall, driveway, telephone line, electrical power transmission or distribution line, water line, road or wharf.
“Toxic chemical substance” means:
(1) Any chemical used for killing insects, fungi, rodents, etc., including insecticides, acaricides, fungicides, herbicides, rodenticides, and nematocides.
(2) Any chemical which would be deleterious to a sensitive habitat.
“Water purveyor” means any agency or entity supplying water to five or more connections. [Ord. 4346 § 71, 1994; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.050 General provisions.
(A) No toxic chemical substance shall be used in a sensitive habitat in such a way as to have deleterious effects on the habitat unless an emergency has been declared by a Federal, State, or County agency, or such use has been deemed necessary by the California Department of Fish and Game to eliminate or reduce a threat to the habitat itself, or a substantial risk to public health will exist if the toxic chemical substance is not used.
(B) Pursuant to California Administrative Code Section 2452, the Agricultural Commissioner, in reviewing an application to use a restricted material, shall consider the potential effects of the material on a sensitive habitat, and mitigation measures shall be required as necessary to protect the sensitive habitat. No approval shall be issued if adverse impacts cannot be mitigated. [Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.060 Approval required.
(A) Except as provided in subsection (B) of this section, no person shall commence any development activity within an area of biotic concern until a biotic approval has been issued unless such activity has been reviewed for biotic concerns concurrently with the review of a development or land-division application pursuant to Chapter 18.10 SCCC, Level III.
(B) A biotic assessment shall not be required for repair or reconstruction of a structure damaged or destroyed as a result of a natural disaster for which a local emergency has been declared by the Board of Supervisors, when:
(1) The structure, after repair or reconstruction, will not exceed the floor area, height or bulk of the damaged or destroyed structure by 10 percent; and
(2) The new structure will be located in substantially the same location. [Ord. 4160 § 8, 1991; Ord. 4030 § 4, 1989; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.070 Assessments and reports required.
A biotic assessment shall be required for all development activities and applications in areas of biotic concern, as identified on maps on file in the Planning Department or as identified during inspection of the site by Planning Department staff. A biotic report shall be required if the Environmental Coordinator determines on the basis of the biotic assessment that further information is required to ensure protection of the sensitive habitat consistent with General Plan and Local Coastal Program Land Use Plan policies. If the Environmental Coordinator determines that the project will have a significant effect on the environment under the provisions of Section 602 of the environmental impact guidelines, the biotic report shall be part of the environmental impact report. [Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.080 Report preparation and review.
(A) Submittals Required. When a biotic assessment or biotic report is required, the applicant shall submit an accurate plot plan showing the property lines and the location and type of existing and proposed development and other features such as roads, gullies, and significant vegetation. Any other information deemed necessary by the Planning Director shall be submitted upon request.
(B) Report Preparation. The biotic assessment shall be conducted by the County biologist. The biotic report shall be prepared by a biologist from a list maintained by the Planning Department, at applicant’s expense, and shall be subject to acceptance as specified in this section. All biotic assessments and reports shall conform to County report guidelines established by the Planning Director.
(C) Report Acceptance and Review. All biotic assessments and reports shall be found to conform to County report guidelines by the Environmental Coordinator. When technical issues are complex, the report may be reviewed and found adequate by a biologist retained by the County. All biotic reports shall be referred to the California Department of Fish and Game for review and comment, and shall be available for review by other interested parties.
(D) Report Expiration. A biotic assessment shall be valid for one year and a biotic report shall be valid for five years following acceptance of the assessment or report, except where a change in site conditions, development proposal, technical information, or County policy significantly affects and thus may invalidate the technical data, analysis, conclusions, or recommendations of the report. [Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.090 Approval conditions.
(A) Conditions of approval shall be determined by the Environmental Coordinator through the environmental review process. These conditions may be based on the recommendations of the biotic assessment or biotic report and shall become conditions of any subsequent approval issued for the property. Such conditions shall also apply to all development activities engaged in on the property. Any additional measures deemed necessary by the Decision-Making Body shall also become development permit conditions. Exceptions may be granted by the Decision-Making Body subject to the provisions of SCCC 16.32.100.
(B) The following conditions shall be applied to all development within any sensitive habitat area:
(1) All development shall mitigate significant environmental impacts, as determined by the Environmental Coordinator.
(2) Dedication of an open space or conservation easement or an equivalent measure shall be required as necessary to protect the portion of a sensitive habitat which is undisturbed by the proposed development activity or to protect a sensitive habitat on an adjacent parcel.
(3) Restoration of any area which is a degraded sensitive habitat or has caused or is causing the degradation of a sensitive habitat shall be required; provided, that any restoration required shall be commensurate with the scale of the proposed development.
(C) All development activities in or adjacent to a sensitive habitat area shall conform to the following types of permitted uses, and the following conditions for specific habitats shall become minimum permit conditions unless the approving body pursuant to Chapter 18.10 SCCC finds that the development will not affect the habitat based on a recommendation of the Environmental Coordinator following a biotic review pursuant to SCCC 16.32.070:
Sensitive Habitats Standards
(1) Environmentally Sensitive Habitat Areas. Only resource-dependent uses shall be allowed within any environmentally sensitive habitat area.
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TYPE OF SENSITIVE AREA |
PERMITTED OR DISCRETIONARY USES |
CONDITIONS |
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(a) |
All Essential Habitats |
Nature study and research, hunting, fishing and equestrian trails that have no adverse impacts on the species or habitat; timber harvest as a conditional use |
Preservation of essential habitats shall be required |
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(b) |
Kelp Beds |
Nature observation, mariculture, scuba diving |
No development shall be allowed which might result in a discharge to the marine environment, whether within or without the sensitive habitat, which might adversely affect this habitat type |
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(c) |
Rocky Intertidal Areas |
Nature observation, scientific research, educational instruction, take of marine organisms consistent with Department of Fish and Game regulations |
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(d) |
Marine Mammal Hauling Grounds |
Scientific research |
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(e) |
Shorebird Nesting Areas |
Scientific research |
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(f) |
Davenport Pier Rock Cliffs and Rock Outcrops Offshore Which Are Seabird/Shorebird Resting Areas and Roosting Sites |
Scientific research |
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(g) |
Sandy Beaches Which Are Seabird/Shorebird Resting Areas and Roosting Sites |
Seasonal beach recreation |
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(h) |
Dunes and Coastal Strand |
Scientific research, educational instruction |
Wooden boardwalks for trails through dunes shall be required |
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(i) |
Cliff Nesting Areas |
Scientific research |
50-foot buffer from bluff top at or above nesting area shall be required |
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(j) |
Coastal Scrub |
Bluff top viewing, hiking, nature observation |
Land clearing shall be minimized |
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(k) |
Wetlands Conditions |
Any Harkins Slough Road improvements that (1) expand the roadway prism outside of the existing paved area; or (2) constitute a major public works project; or (3) are necessary to serve permitted development located within City of Watsonville Coastal Zone Area C shall provide enhanced habitat connectivity: (1) for Hanson Slough, if the Hanson Slough portion of the road is improved (e.g., by replacing the existing culvert with an alternative structure, such as a box culvert, that better connects slough resources on either side of Harkins Slough Road); and (2) between the west branch of Struve Slough north of Harkins Slough Road and the Department of Fish and Game reserve south of Harkins Slough Road by replacing the culverts under Harkins Slough Road with a bridge of adequate span to provide for flood protection and habitat connectivity with regard to slough resources on either side of Harkins Slough Road, unless an alternative that is environmentally equivalent or superior to a bridge is identified. Fill of any portion of the west branch of Struve Slough, except for incidental public services, is prohibited. Any such road improvements shall include measures to protect habitat, and shall be sited and designed to minimize the amount of noise, lights, glare and activity visible and/or audible within the sloughs. Night lighting shall be limited to the minimum necessary to meet safety requirements and shall incorporate design features that limit the height and intensity of the lighting to the greatest extent feasible; provide shielding and reflectors to minimize on-site and off-site light spill and glare to the greatest extent feasible; avoid any direct illumination of sensitive habitat areas; and incorporate timing devices to ensure that the roadway is illuminated only during those hours necessary for school functions and never for an all-night period. Any improvements made to Harkins Slough road pursuant to this policy shall also be consistent with SCCC 17.02.081. Any amendments to this section, including revocation, require a super-majority vote of the Board of Supervisors. |
100-foot buffer measured from the high water mark shall be required. Distance between structures and wetland shall be maximized. |
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(l) |
Rivers and Streams (Includes Anadromous Fish Spawning Areas) |
Scientific research, educational instruction, aquaculture |
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(m) |
Intermittent Wetlands |
Limited grazing, including limited grazing associated with soil-dependent biomedical livestock operations, uses within wetlands (above), existing agriculture |
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(n) |
Reservoirs and Ponds |
Water storage and diversion, aquaculture |
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No new development shall be allowed adjacent to marshes, streams, and bodies of water if such development would cause adverse impacts on water quality which cannot be mitigated or will not be fully mitigated by the project proponent.
(2) Areas Adjacent to the Essential Habitats of Rare and Endangered Species.
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TYPE OF HABITAT |
PERMITTED OR DISCRETIONARY USES |
CONDITIONS |
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(a) |
Santa Cruz Long-Toed Salamander (SP District) Also see SCCC 16.32.100(B) |
Nature study and research, residential uses at urban low densities as conditioned, where designated on LCP Land Use Maps, existing agriculture |
Site disturbance before revegetation shall not exceed 25% of lot. |
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Site disturbance after revegetation (i.e., total site coverage) shall not exceed 15% of lot. Impervious surface shall not exceed 10% of lot. The objective of this requirement is to reduce the amount of erosion and siltation impacts; therefore, it does not apply to sites lying outside the drainage basin. |
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Conservation easement over undisturbed portion of site shall be dedicated to the Department of Fish and Game. |
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Step or pole foundations shall be required on slopes over 15%. Pole foundations shall be required on slopes over 30%. |
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All curbs and gutters shall be rounded. |
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Seepage pits shall be required where feasible. |
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No grading shall be allowed between October 15th and April 15th. |
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Grading and removal of vegetation shall be minimal and shall be restricted to areas where it is necessary to maintain existing agricultural use and for the construction of buildings, driveways and septic systems. |
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Grading or filling within drip line of 24 inches or larger diameter trees shall be avoided. |
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A landscape plan consisting of native shrubs and/or trees shall be submitted with building plans for areas of vegetation removal. |
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Native trees shall be retained to the maximum extent possible. |
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Disturbed areas shall be revegetated promptly with native or approved species. |
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For the purposes of calculating site disturbance and impervious surface coverage, when the project is an addition to an existing development, the existing development and the addition shall be considered as a new development. |
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Except for new foundations which may not feasibly be constructed according to the standards, additions to existing developments shall conform to other Local Coastal Plan performance standards. |
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(b) |
Santa Cruz Cypress Groves |
Scientific research/ educational instruction |
A minimum 50-foot buffer between cypress communities and location of development shall be required. |
(3) Habitats of Locally Unique Species.
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TYPE OF HABITAT |
PERMITTED OR DISCRETIONARY USES |
CONDITIONS |
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|---|---|---|---|
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(a) |
Special Forests (San Andreas, Live Oak, Woodland/Maritime Chaparral, Indigenous Ponderosa Pine Forest, and Indigenous Monterey Pine Forest) |
Forest preserve, nature observation, educational instruction, residential uses meeting performance criteria. |
Structures shall be clustered, and/or located near to any existing structure. |
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Landscaping plan shall include characteristic species. |
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Applicants shall enter into a “declaration of restriction” allowing the development and utilization of a prescribed burning program or other means to mimic the effects of natural fires. |
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For residential development, site disturbance shall not exceed 1/4 acre per unit, or 25% of the parcel, whichever is less. |
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(b) |
Grassland in the Coastal Zone |
Nature observation, educational instruction, grazing, soil dependent biomedical livestock operations, viticulture consistent with Local Coastal Plan policies; residential uses meeting performance criteria. |
Structures shall be clustered and located outside the grassland where feasible. |
[Ord. 4750 § 3, 2003; Ord. 4656C § 3, 2002; Ord. 4609A § 3, 2001; Ord. 4609 § 3, 2001; Ord. 4496-C § 90, 1998; Ord. 4474-C §§ 6, 7, 1998; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.095 Project density limitations.
The following requirements shall apply to density calculations for new building sites created in habitats of locally unique species through minor land divisions, subdivisions, or residential development permits:
(A) Special Forests. Prohibit land divisions within designated special forests unless the area to be divided is removed from the mapped special forests habitat area by General Plan/Local Coastal Program amendment. On parcels with existing mapped special forest areas which contain developable land outside those areas, allow development at the lowest density of the land use designation and require that development be clustered and located outside the habitat areas. Allow one single-family dwelling unit per existing parcel of record. Where property owners upgrade special forest areas on their parcels, outside of mapped areas, through resource management activities, the prevailing General Plan densities shall not be reduced.
(B) Grasslands. Prohibit land divisions of native and mixed native grassland habitat mapped in the Coastal Zone unless the area to be divided is removed from the mapped grassland habitat area by General Plan/Local Coastal Program amendment. On parcels with existing mapped native and mixed native grasslands and which contain developable land outside those habitats, allow development at the lowest density of the land use designation and require that development be clustered and located outside the habitat areas. Allow one single-family dwelling unit per existing parcel of record. Where property owners upgrade grasslands on their parcels, outside of mapped areas, through resource management activities, the prevailing General Plan densities shall not be reduced. [Ord. 4496-C § 91, 1998; Ord. 4346 § 72, 1994; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.100 Exceptions.
Exceptions to the provisions of SCCC 16.32.090 may be approved by the Decision-Making Body.
(A) In granting an exception, the Decision-Making Body shall make the following findings:
(1) That adequate measures will be taken to ensure consistency with the purpose of this chapter to minimize the disturbance of sensitive habitats; and
(2) One of the following situations exists:
(a) The exception is necessary for restoration of a sensitive habitat; or
(b) It can be demonstrated by biotic assessment, biotic report, or other technical information that the exception is necessary to protect public health, safety, or welfare.
(B) Notwithstanding the above, the Decision-Making Body may grant an exception for development within the essential habitat of the Santa Cruz Long-Toed Salamander as follows:
(1) Upon receiving a development application for an undeveloped parcel within the essential habitat, the County shall notify the California Coastal Commission, the Coastal Conservancy, the California Department of Fish and Game, and the U.S. Fish and Wildlife Service. The County or other agency shall have one year to decide whether acquisition of the parcel is to proceed. If the County and other agencies decide not to acquire the parcel and development potential in the essential habitat has not been otherwise permanently eliminated by resubdivision, easement, or other recorded means, the Decision-Making Body may grant an exception to allow the development to proceed; provided, that it finds that the proposed development cannot be accommodated on the parcel outside the essential habitat, and that it will be consistent with the standards for the area adjacent to the essential habitat and other LCP policies.
(2) The permittee shall provide a cash deposit, time certificate of deposit, or equivalent security, acceptable to the County. This security shall be payable to the County, in an amount not less than $5,000 or greater than $10,000, to be determined by the County on a case-by-case basis, depending on site-specific circumstances. The purpose of this security shall be to ensure compliance with the development standards for the area adjacent to the essential habitat, and shall not be returned unless and until all required standards and improvements are met. All expenditures by the County for corrective work necessary because of the permittee’s failure to comply with the provisions of the permit and this chapter shall be charged against the security deposit. [Ord. 3483 § 1, 1983; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.105 Exemption.
Existing commercial agricultural operations and related activities, but not establishment or expansion of any biomedical livestock operation, shall be exempt from the provisions of SCCC 16.32.060. Any development activity which has received a riparian exception approved according to the provisions of Chapter 16.30 SCCC (Riparian Corridors and Wetlands Protection) may be exempted from the provisions of this chapter if the Planning Director determines that such development activity has received a review, in connection with the granting of the riparian exception, equivalent to the review that would be required by this chapter. [Ord. 4474-C § 8, 1998; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.110 Inspection.
Repealed by Ord. 4392A. [Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.120 Appeals.
All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance with the procedures in Chapter 18.10 SCCC; provided, however that code enforcement actions and decisions are not subject to administrative appeal except for appeals of revocation of permits pursuant to SCCC 18.10.136(C). [Ord. 4392A § 10, 1996; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.130 Violations.
(A) It shall be unlawful for any person at any time to do, cause, permit, aid, abet, suffer or furnish equipment or labor for any development activity within an area of biotic concern as defined in SCCC 16.32.040 unless: (1) a development permit has been obtained and is in effect which authorizes such development activity; or (2) the development activity has been reviewed for biotic concerns concurrently with the discretionary review of an approved permit required by SCCC Title 13 or 14, and a permit is in effect which authorizes the development activity within such area; or (3) the activity is exempt from the requirement for a development permit by the provisions of SCCC 16.32.105 and from the requirements for a coastal permit by the provisions of Chapter 13.20 SCCC.
(B) It shall be unlawful for any person to exercise a development permit which authorizes development activity within an area of biotic concern without complying with all of the conditions of such permit.
(C) It shall be unlawful for any person to use, cause, permit, aid, abet, suffer or furnish equipment or labor to use any toxic chemical substance in a sensitive habitat in such a way as to have a deleterious effect on the habitat unless: (1) an emergency has been declared by a Federal, State, or County agency, or (2) such use has been deemed necessary by the California Department of Fish and Game to eliminate or reduce a threat to the habitat itself; or (3) a substantial risk to public health will exist if the toxic chemical substance is not used.
(D) It shall be unlawful for any person to refuse or fail to carry out measures as required by a notice of violation issued by the Planning Director under the provisions of SCCC 16.32.131.
(E) It shall be unlawful for any person to knowingly do, cause, permit, aid, abet or furnish equipment or labor for any work in violation of a stop work notice from and after the date it is posted on the site until the stop work notice is authorized to be removed by the Planning Director. [Ord. 3451-A § 20, 1983; Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].
16.32.131 Notification of violation.
Repealed by Ord. 4392A. [Ord. 3451-A § 21, 1983].
16.32.132 Stop work notice.
Repealed by Ord. 4392A. [Ord. 3451-A § 22, 1983].
16.32.134 Penalties.
Repealed by Ord. 4392A. [Ord. 3451-A § 23, 1983].
16.32.140 Fees.
Fees for biotic assessments, biotic reports, and review of technical reports shall be set by resolution by the Board of Supervisors. [Ord. 3442 § 1, 1983; Ord. 3342 § 1, 1982].