Chapter 82.11 — BIOTIC RESOURCES (BR) OVERLAY

The Biotic Resources (BR) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) implements General Plan policies regarding the protection and conservation of beneficial rare and endangered plants and animal resources and their habitats, which have been identified within unincorporated areas of the County.

(Ord. 4011, passed - -2007)

The BR Overlay shall be applied to areas that have been identified by a County, State or Federal agency as habitat for species of unique, rare, threatened or endangered plants or animals or their habitats as listed in the General Plan. The overlay applies to policy areas on the Open Space Overlay.

(Ord. 4011, passed - -2007)

When a land use is proposed, or an existing land use is increased by more than 25 percent of disturbed area within a BR Overlay, the land use application shall include a biotic resources report prepared as follows, except where the Director finds that prior environmental studies approved by the County have determined that the site does not contain viable habitat.

(a) Report Content. The biotic resources report shall identify all biotic resources located on the site and those on adjacent parcels that could be impacted by the proposed development, and shall also identify mitigation measures designed to reduce or eliminate impacts to the identified resources, and shall be submitted along with the application for the proposed development.

(b) Report Preparation. The biotic resources report shall be prepared by an appropriate expert such as a qualified biologist, botanist, herpetologist, or other professional “life scientist.” See § 82.11.050 for qualification requirements. (Ord. 4011, passed - -2007)

The conditions of approval of any land use application approved within the BR Overlay shall incorporate the mitigation measures identified in the report required by § 82.11.030 (Application Requirements), to protect and preserve the habitats of the identified plants and/or animals. (Ord. 4011, passed - -2007)

Qualified professional biologists, botanists, herpetologists, or other professional “life scientists” that are employed to conduct field surveys shall meet the following criteria to qualify to perform work within the County jurisdiction: (a) Education. Individuals must possess a bachelor’s degree or graduate degree from an accredited college or university in biology, ecology, wildlife biology, herpetology, zoology, or related fields.

• (b) Professional Experience.

• (1) Have demonstrated prior field experience using accepted resource agency techniques in survey methods, i.e., conducting field surveys for at least three years.

(2) Have taxonomic experience and knowledge of the species of concern in the project locale, i.e., knowledge of plant taxonomy and plant community ecology and classification as well as having familiarity with the plants of the area, including special status and locally important plants.

(3) Have familiarity with State and Federal laws and agency policies and regulation, which pertain to environmental quality, i.e., having familiarity with the appropriate State and Federal statutes related to plants and plant collecting.

(4) Have a demonstrated ability to prepare detailed technical reports, i.e., experience with analyzing impacts of a project on native plants and communities.

• (5) Have familiarity with the endemic flora and fauna of Southern California.

(c) Permits. Individuals with relevant State or Federal wildlife agency permits issued by the California Department of Fish and Game and the U.S. Fish and Wildlife Service have demonstrated expertise in the identification and handling of specific species and their habitats. Current permits shall be included with the application to be considered a qualifying biologist within a permitted biological or natural resource discipline.

(Ord. 4011, passed - -2007)