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A. In order to approve or conditionally approve a HLIT permit, all of the following written findings shall be made by the decisionmaker:

1. The proposed development in the project area and associated mitigation is consistent with the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, the MSCP implementation guidelines, and the development standards set forth in CVMC 17.35.100.

2. The project area is physically suitable for the design and siting of the proposed development and the development results in minimum disturbance to sensitive biological resources, except impacts to natural vegetation in mapped development areas.

3. The nature and extent of mitigation required as a condition of the permit is reasonably related to and calculated to alleviate negative impacts created in the project area.

B. In order to approve or conditionally approve an HLIT permit where the project area contains narrow endemic species, all of the following additional written findings shall be made by the decisionmaker:

1. Narrow endemic species’ populations within the project area have been avoided or total avoidance is infeasible.

2. If impacts to narrow endemic species have not been avoided, one of the following findings shall be made:

a. In cases where impacts to covered narrow endemic species’ populations within the project area have been limited to five percent in 100 percent conservation areas, and 20 percent in 75 to 100 percent conservation areas and development areas outside of covered projects, the proposed project design, including mitigation, will result in conservation of the species that is functionally equivalent to its status without the project, including species numbers and area, and must ensure adequate preserve design to protect the species in the long-term; or

b. In cases where the five percent or 20 percent narrow endemic species impact threshold has been exceeded, the proposed project design, including mitigation, results in a preserve design for the narrow endemic species population within the project area that is biologically superior to the preserve design that would occur if the impact had been limited to five percent in 100 percent conservation areas or 20 percent in 75 to 100 percent conservation areas and development areas outside of covered projects.

C. In order to approve or conditionally approve an HLIT permit where the project area contains wetlands, all of the following additional written findings shall be made by the decisionmaker:

1. Prior to issuance of a land development permit or clearing and grubbing permit, the project proponent will be required to obtain any applicable state and federal permits, with copies provided to the Director of Development Services, or designee.

2. Where impacts are proposed to wetlands the following findings shall be made:

a. Impacts to wetlands have been avoided and/or minimized to the maximum extent practicable, consistent with the City of Chula Vista MSCP subarea plan Section 5.2.4; and

b. Unavoidable impacts to wetlands have been mitigated pursuant to CVMC 17.35.110. (Ord. 3544 § 1, 2023; Ord. 3004 § 1, 2005).