A. No development permits may be issued on any parcel partially or fully within the area of special flood hazard or riparian buffer zone unless the planning director or designee, after review of a habitat assessment report provided by the applicant, has determined the development meets the standards of NE or NLAA, or the applicant submits a letter from the National Marine Fisheries Service or the Federal Emergency Management Agency stating that the development complies with the requirements under the biological opinion and the ESA.

B. The planning director or designee shall review the habitat assessment report to determine whether the development meets the standard of NE, NLAA or LAA. If the planning director or designee determines that the development is LAA, then the city may not issue the development permit unless the development is redesigned to a point where the assessment is NLAA or NE. If a development cannot be redesigned to meet the standard of NLAA or NE, the development may only be permitted if the applicant submits a letter from the National Marine Fisheries Service or the Federal Emergency Management Agency demonstrating concurrence through a consultation under Section 7 or 4(d) of the ESA or issuance of an incidental take permit under Section 10 of the ESA. The habitat assessment report and/or concurrence letter from the National Marine Fisheries Service or the Federal Emergency Management Agency shall be retained in the permit file. (Ord. 1259 § 4, 2013).