Section 6 Subarea Plan Implementation 314553001 6-1 Final Oceanside Subarea Plan SECTION 6 SUBAREA PLAN IMPLEMENTATION This section describes subarea plan implementation actions to be taken by the City of Oceanside. These actions are specific to the city and are generally supplemental to the overall implementation structure described in Section 5 of the MHCP. Key policy areas described in the MHCP that also apply to the Oceanside Subarea Plan include the Overall Assurances, Plan Amendment Process, Process for Addition of Species, Severability, and the Cooperative Structure for Plan Implementation. 6.1 IMPLEMENTATION POLICIES AND ACTIONS The following implementation policies are gathered from various sources, including Issue Papers approved by the MHCP Advisory Committee, policies intended to apply to all subregional and subarea plans (as documented in the MH CP), discussions of the ad hoc committee of MHCP Elected Officials, agreements reached at the meetings of the MHCP Elected Officials and Wildlife Agencies Management Team, and through direction of the City of Oceanside. Consistency between the MHCP and this subarea plan is essential for meeting the requirements of state and federal permits and authorizations for take of species included in the covered species list. These policies and assurances apply to all MHCP subarea plans, and specifically to the Oceanside Subarea Plan. 6.1.1 Cooperative Implementation Structure The MHCP, and component subarea plans, rely on cooperation between local, state, and federal governments for successful implementation. The MHCP and the subarea plan will be implemented by the city through application of local land use authority. Assurances for cooperative implementation include the following: Local Implementation. Oceanside will guarantee implementation of this MHCP subarea plan through interim and permanent regulatory measures, including codes, ordinances, and policies contained in the General Plan, LCP, and other city policy documents. No project requiring discretionary approval by the city – and no vegetation clearing, brushing, grubbing, grading or conversion of non agricultural lands to agriculture – will be approved without a determination of conformance to the subarea plan. Deleted: S
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Microsoft Word - Section 6_Final.doc314553001 6-1 Final Oceanside
Subarea Plan
SECTION 6 SUBAREA PLAN IMPLEMENTATION
This section describes subarea plan implementation actions to be
taken by the City of Oceanside. These actions are specific to the
city and are generally supplemental to the overall implementation
structure described in Section 5 of the MHCP. Key policy areas
described in the MHCP that also apply to the Oceanside Subarea Plan
include the Overall Assurances, Plan Amendment Process, Process for
Addition of Species, Severability, and the Cooperative Structure
for Plan Implementation. 6.1 IMPLEMENTATION POLICIES AND ACTIONS
The following implementation policies are gathered from various
sources, including Issue Papers approved by the MHCP Advisory
Committee, policies intended to apply to all subregional and
subarea plans (as documented in the MHCP), discussions of the ad
hoc committee of MHCP Elected Officials, agreements reached at the
meetings of the MHCP Elected Officials and Wildlife Agencies
Management Team, and through direction of the City of Oceanside.
Consistency between the MHCP and this subarea plan is essential for
meeting the requirements of state and federal permits and
authorizations for take of species included in the covered species
list. These policies and assurances apply to all MHCP subarea
plans, and specifically to the Oceanside Subarea Plan. 6.1.1
Cooperative Implementation Structure The MHCP, and component
subarea plans, rely on cooperation between local, state, and
federal governments for successful implementation. The MHCP and the
subarea plan will be implemented by the city through application of
local land use authority. Assurances for cooperative implementation
include the following:
Local Implementation. Oceanside will guarantee implementation of
this MHCP subarea plan through interim and permanent regulatory
measures, including codes, ordinances, and policies contained in
the General Plan, LCP, and other city policy documents. No project
requiring discretionary approval by the city – and no vegetation
clearing, brushing, grubbing, grading or conversion of non
agricultural lands to agriculture – will be approved without a
determination of conformance to the subarea plan.
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Final Oceanside Subarea Plan 6-2 314553001
The city will implement the MHCP directly through this locally
prepared and
adopted subarea plan. The subarea plan is the subject of an
individual Implementing Agreement between the City of Oceanside,
the CDFG, and the USFWS. The Implementing Agreement extends
authority for the taking of covered species from the CDFG and USFWS
to the city.
No New Institutional Structures. The MHCP will not create a new
regional
regulatory structure or authority for its implementation. A land
conservancy may be created, however, to facilitate preserve
assembly and MHCP implementation.
Phased Local Implementation. Revisions to land use plans,
regulations, and
ordinances to implement and fund the MHCP and the subarea plan will
be phased, using city regulations, ordinances, LCP, and land use
plan approval in the interim to achieve the goals of the MHCP. In
the Oceanside Subarea Plan, grubbing, clearing, and grading
ordinances and similar regulations have been used to ensure that
habitat is not destroyed prior to issuance of all local approvals.
No development moratorium is required during subarea planning and
implementation.
Sequential Adoption. Oceanside and the other local jurisdictions
participating in
the MHCP are preparing subarea plans and executing Implementing
Agreements on separate schedules. These subarea plans are
interdependent, however, because they form a collective
conservation strategy when combined in a subregional plan. For
example, the coverage of some species in Oceanside may depend on
conservation actions in another jurisdiction.
6.1.2 Take Authorizations for Covered Species and Habitats The
USFWS and the CDFG will issue long term 50-year take authorizations
for covered species to the city of Oceanside for implementing a
legally adequate subarea plan pursuant to the MHCP. “Take” in this
case means that covered species or habitats may be impacted by
projects that are consistent with this subarea plan and approved by
the city. These take authorizations are permits to take listed or
threatened or endangered species of their habitats so long as those
resources are found to be adequately conserved by the MHCP and
individual subarea plans.
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314553001 6-3 Final Oceanside Subarea Plan
The City of Oceanside becomes a take authorization holder upon
approval of the subarea plan. The city can share the benefits of
its take authorizations with individuals as well as public and
private sector projects within the city through their
project-approval process. Section 2.4 of this document identifies
certain known public and private sector development projects that
will be covered under this subarea plan in the event that project
implementation results in take of the covered species.
City of Oceanside. Upon receiving federal and state take
authorizations for covered species, the city will receive
assurances from the wildlife agencies through the Implementing
Agreement described in Section 6.3. Completion and approval of the
subarea plan will eliminate the 5 percent limit on interim take of
coastal sage scrub that was a part of the NCCP program through the
Section 4(d) rule regarding the listing of the California
gnatcatcher.
Project Proponents. Proponents of projects approved by the city,
consistent with
its take authorizations, become “third-party beneficiaries” to
those authorizations, as described in the Implementing Agreement.
Proponents receive assurances that their mitigation obligations for
covered species will not be altered once development approvals have
been granted by the jurisdiction and mitigation has been assured
consistent with this subarea plan.
6.1.3 Development Process Assurances Significant benefits accrue to
participants in the MHCP and component subarea plans. These include
the city and project proponents who receive approvals from the city
through the development review and permitting process.
Flexible Subarea Plan Development. The Oceanside Subarea Plan is
designed to be flexible in its implementation while meeting the
overall subregional goals of the MHCP. This flexibility includes
incremental implementation of the plan through local land use
authority, the ability to implement federal and state laws through
local actions, and the ability for the city to independently
determine how local actions including development regulation, land
acquisition, project mitigation, regulations implementing the
General Plan, and other discretionary actions will be used to meet
plan implementation requirements. This subarea plan
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Final Oceanside Subarea Plan 6-4 314553001
describes the combination of actions Oceanside will take to
implement the MHCP.
Improved Regulatory Process. A primary purpose of the subarea plan
is to
simplify the project-approval process by eliminating duplicative
regulatory and mitigation processes, including project-by-project
take authorizations for each listed species. Upon receiving its
take authorizations, Oceanside will have land use authority over
lands supporting habitats and covered species described in the
plan.
Equitable Allocation of Costs. Oceanside will contribute its fair
share to
implementation of the subregional MHCP preserve, as specified in
its subarea plan, through development regulations, mitigation
requirements, contributions of public land, and, potentially, other
conservation actions.
Plan Implementation Monitoring. The Oceanside Subarea Plan includes
a
process and criteria for the wildlife agencies to regularly monitor
plan implementation and to ensure that habitat conservation
proceeds in step with development.
Private Property Rights. The Oceanside Subarea Plan and the
subregional
MHCP are designed to respect private property rights. The
acquisition of any lands required to implement the subarea plan
will be based on purchases from willing sellers at fair market
values that are cooperatively established.
6.2 IMPLEMENTING AGREEMENT The Implementing Agreement is the
binding contract between Oceanside and the USFWS and the CDFG. This
agreement identifies responsibilities associated with
implementation of the subarea plan, binds the parties to their
respective stated obligations, and specifies remedies should any
party fail to perform its obligations. 6.2.1 Assurances in the
Implementing Agreement The key assurances in the model Implementing
Agreement are described below; they are in addition to those
included in Section 6.1.
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314553001 6-5 Final Oceanside Subarea Plan
Local Land Use. The wildlife agencies will issue to the city
50-year
authorizations to take species covered by the subarea plan. In
addition, the MHCP plan and this subarea plan will eliminate most
wildlife agency involvement in project-specific review and
approval. Impacts to wetlands must continue to be regulated through
the Clean Water Act, Fish and Game Code Section 1600 et seq., LCP
and other local regulations, although coverage for endangered
species through this subarea plan is intended to facilitate any
consultation required between the USFWS and ACOE.
New Development. Proponents of local land development projects will
be
allowed to take covered species and habitats incidental to project
construction, operation, and maintenance based on the approvals
extended to the project through the local project permitting
process provided they are consistent with this subarea plan
Streamlined Environmental Review. CEQA and NEPA compliance for
the
Oceanside Subarea Plan was accomplished through the EIS/EIR for the
MHCP and for all concurrently submitted subarea plans. Any new
project that uses the Oceanside Subarea Plan for coverage must
demonstrate consistency with the subarea plan by making consistency
findings through a public review process, which will be through a
CEQA review or separate 30-day findings review period.
Phased Implementation and Severability. The wildlife agencies have
agreed to
phased implementation of the MHCP plan and subarea plans. Phasing
means that the city may implement the subarea plan over time based
on economic demand for land development, and/or upon other
constraints or incentives the city may place on certain areas. The
take authorizations granted by the wildlife agencies will also be
severable from those granted to other jurisdictions or entities,
protecting each take authorization holder from noncompliance by
others. However, coverage of certain species in Oceanside may
depend upon completion of adequate subarea plans by other
cities.
Covered Species. The city will receive take authorizations for a
list of covered
species (Table 1-1) that are found to be adequately conserved by
the Oceanside Subarea Plan, perhaps in concert with other MHCP
subarea plans. The list
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includes species that are listed as threatened or endangered, as
well as other species not currently listed under either the ESA or
CESA.
Critical Habitat. If in the future an ESA Critical Habitat
designation is made for
a covered species, that determination will not have the effect of
causing additional land, mitigation, restrictions, or compensation
to be required of Oceanside if this subarea plan is being
implemented in compliance with the take authorization conditions
for that species.
Future Listings of Covered and Non-Covered Species. This subarea
plan
incorporates policies describing how the covered species list may
be expanded to include new species once actions in other
jurisdictions, or in Oceanside, ensure the species’ long-term
conservation (Section 6.7). If a species not on the covered species
list is subsequently proposed for listing under ESA or CESA, the
wildlife agencies will identify the conservation measures, if any,
that are necessary to adequately protect the species, and will
determine whether such conservation measures are beyond those
prescribed in the subarea plan and MHCP. If the MHCP and subarea
plans already contain sufficient conservation measures for the
species, that species shall be amended to the city’s take
authorization.
6.2.2 Changed Circumstances and Unforeseen Circumstances The “No
Surprises” Rule of the United States Department of the Interior,
(50 CFR Part 17.22(b)(5) and 17.32(b)(5), 1998) generally provides
that as long as the subarea plan is being properly implemented, the
federal government will not require additional land or money from
the city. Pursuant to the “No Surprises” rule, in the event the
USFWS makes a finding of Unforeseen Circumstances, the USFWS will
not require the commitment of additional land, water or financial
compensation or additional restrictions on the use of land, water,
or other natural resources beyond the level agreed to in the
subarea plan and the Implementation Agreement with respect to
covered activities without the consent of the city. The Final Rule
included a description of Changed and Unforeseen Circumstances
which defines potential future responsibilities based on whether
future impacts to covered species could reasonably be
foreseen.
Comment [m1]: City to update section with details on fire
frequency, response times, emergency response plans, flood
preparation and planned magnitude, NPDES permit, weed abatement
program, etc.
Section 6 Subarea Plan Implementation
314553001 6-7 Final Oceanside Subarea Plan
6.2.2.1 Unforeseen Circumstances Unforeseen Circumstances are
events affecting a species or geographic area covered by the
subarea plan that could not reasonably have been anticipated by the
city or the USFWS at the time of subarea plan development, and that
result in a substantial and adverse change in the status of a
species covered by the subarea plan. Unforeseen circumstances
include future unanticipated conditions which are either not
defined as changed circumstances, or which exceed the definitions
developed for changed circumstances particularly in terms of
severity or extent, for example in the case of flood or fire
affecting the preserve system. The USFWS bears the burden of
demonstrating that unforeseen circumstances exist, using the best
available scientific and commercial data available. Factors that
the USFWS will consider in making a determination of unforeseen
circumstances include, but are not limited to, the geographic range
of the affected covered species, the percentage of the range of the
affected covered species conserved by the subarea plan, and the
implementation and effectiveness of conservation measures employed
by the subarea plan. In the event of a potential unforeseen
circumstance, the city and the USFWS will notify each other of the
situation, and the wildlife agencies will initiate their review to
determine if an unforeseen circumstance has occurred. Assuming the
city has been properly implementing the conservation measures of
the subarea plan, the USFWS will not require the commitment of
additional land or financial compensation, or additional
restrictions on the use of land, water, or other natural resources,
even upon a finding of unforeseen circumstances, beyond those
provided for under the subarea plan unless the city consents. Upon
a finding of unforeseen circumstances, the USFWS is limited to
modifications within conserved habitat areas or reprioritizations
of conservation actions in the subarea plan’s conservation program.
Additional conservation and mitigation measures will not involve
the commitment of additional land, water, or financial
compensation, or additional restrictions on the use of land, water
or other natural resources without the consent of the city. Any
additional measure required of the City by the USFWS in the event
of a finding of unforeseen circumstances must maintain the original
terms of the subarea plan to the maximum extent possible and must
be limited to modifications within the preserve and to the subarea
plan’s operating conservation program. Pursuant to 50 C.F.R section
17.22(b)(8) and 17.32(b)(8), the take authorization may be revoked
by the USFWS where an
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Final Oceanside Subarea Plan 6-8 314553001
unforeseen circumstance would appreciably reduce the likelihood of
the survival and recovery of the species in the wild. Pursuant to
the “No Surprises” rule, the USFWS must demonstrate that unforeseen
circumstances exist by using the best scientific and commercial
data available. The findings that unforeseen circumstances exist
must be clearly documented and based on reliable information
regarding the status and habitat requirements of the affected
covered species. The USFWS must consider the size of the current
range of the affected covered species, the percentage of the
affected covered species’ range affected and conserved under the
subarea plan, the level of knowledge about the covered species and
the specificity of the subarea plan’s conservation plan with regard
to the affected covered species, and whether the adoption of
additional conservation measures would appreciably increase the
likelihood of survival and recovery of the affected covered
species. 6.2.2.2 Changed Circumstances Changed circumstances
defined under the Federal “No Surprises” rule as are those events
that may affect a species or geographic area covered by this
subarea plan that can reasonably be anticipated by the city and the
wildlife agencies at the time of the conservation plan’s
negotiation and development, including reasonably foreseeable
flood, fire, drought, exotic species infestation, or other such
events. Such occurrences are anticipated by subareas plans and are
mitigated for via the ongoing monitoring and adaptive management
program. If additional conservation or mitigation measures are
deemed necessary to respond to changes in circumstances that are
described in the subarea plan, the city will be expected to
implement the measures specified in the subarea plan, but only
those measures and no other. A description of potential changed
circumstances, an assessment of the potential for these
circumstances to occur, and the preventative measures and planned
responses for these circumstances are provided below. Fire Changed
Circumstances Much of the land covered by the subarea plan is
located in arid areas that are susceptible to wildfires, which can
adversely affect or impact habitat communities and ecosystems. It
is important to acknowledge that fire is a natural phenomenon in
southern California. In implementing the subarea plan, the city
will use best management practices and
Deleted: Examples of situations that the city considers to be
unforeseen circumstances for the purposes of this subarea plan are
provided below. The wildlife agencies are responsible for making
the final determination of an unforeseen circumstance, based on the
details of specific situations. ¶ ¶ <#>The city considers a
fire in the subarea that cannot be controlled within a 24 hour
period by local or available firefighting resources or that
necessitates the addition of out-of-locale firefighting resources
to be an unforeseen circumstance (in terms of magnitude). The city
considers repeated fires in the same location to be unforeseen, in
terms of frequency, if subsequent fires occur within 3 years of a
previous fire in the same location.¶ ¶ <#>Based on the San
Luis Rey River Management Agreement, the city has determined that a
greater than 100-year flood constitutes an unforeseen
circumstance.¶ ¶ <#>A drought period of over three years in
length that restricts availability of water for preserve purposes
is not foreseeable, and would be considered an unforeseen
circumstance by the city. ¶
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314553001 6-9 Final Oceanside Subarea Plan
coordinate with local fire departments to minimize adverse impacts
associated with fire, and to monitor and respond to potential
adverse biological impacts when they occur. Because fire is a
natural feature of the region, under normal circumstances natural
re- growth of habitat is expected. However, extensive fires or
repeated fires in the same location of the preserve may adversely
affect the covered species conserved by the subarea plan as a
result of habitat type conversion from existing habitat(s) to
invasive or non-native weeds. Due to the urban nature of the
subarea, extensive fires and/or repeated fires in the same location
can adversely hamper natural re-growth and interrupt the ability of
the habitat to rejuvenate. Because the level of fire response in
urban areas is rapid and responders are highly trained, fire
incidents are contained more quickly and rarely damage large areas.
Thus, the scope of fire incidents within the preserve is expected
to be much smaller than that of wildland fires in less urban
situations. A changed circumstance fire, in terms of magnitude, is
one that is controlled in a 24-hour period or less by local or
available firefighting resources. Because vegetation that has been
burned generally requires more than three years to grow before
becoming a potentially hazardous fuel load, it is not anticipated
that a repeated fire, if it were to occur, would occur in the same
location for at least three years subsequent to an initial fire. A
changed circumstance fire, in terms of frequency, is a subsequent
fire in the same location that occurs more than three years after
the previous fire. Preventative Measures and Planned Responses -
Fire Preventative measures to reduce the likelihood of or harm from
fire in the preserve are included in the preserve management
guidelines specified in Section 7 of this subarea plan and will be
more specifically identified in the area-specific management
directives for each preserve. Additionally, the following measures
may be implemented by the city to prevent or respond to the effects
of fire on covered species and/or habitats.
• In order to further reduce the risk of fire, the city may
institute a weed abatement
and brush management program focused particularly on the edges
between urban areas and preserve lands.
Section 6 Subarea Plan Implementation
Final Oceanside Subarea Plan 6-10 314553001
• As part of the city’s procedures for responding to emergencies,
the city will notify the wildlife agencies as soon as feasible
after the onset of the fire.
• The city will restrict public access, as necessary, to the
preserve following fires
and in times of when fire hazard may be very high. If it is
necessary to mitigate the impacts of changed circumstance fires on
covered species, the appropriate wildlife agencies will initiate,
and the city will participate in, an expedited analysis of the
areas of the city impacted by any changed circumstance fire. The
analysis will identify measures to minimize, to the extent
practicable, any adverse impacts on covered species resulting from
response to and management of the fire. Measures developed by
consensus between the city and the wildlife agencies will be
implemented. These adaptive management measures, many of which are
described in this subarea plan, could include erosion control,
noxious species control, reseeding, and other measures. Ongoing
projects and covered activities may continue to use the existing
operating measures until the new measures resulting from the
analysis are developed. Flood Changed Circumstances In Oceanside, a
changed circumstance flood event would likely only occur on the San
Luis Rey River. Since the river is the subject of the existing
management agreement described in Section 6.3.6, a “changed
circumstance flood” is defined as a less than 100- year flood.
Flooding is a natural event and is not anticipated to cause damage
sufficiently severe to prevent natural regeneration of existing
habitats within the subarea plan. City land use policies
accommodate floods up to and including a magnitude of 100-year, and
require that drainage facilities manage flows into tributary
streams to approximate natural flows. This enables floodplains to
function in their natural capacity, permitting unobstructed flows
through natural riparian courses during flood events. Preventative
Measures and Planned Responses - Flood Preventative measures to
reduce the likelihood of or harm from flooding in the conserved
habitat are included in preserve management guidelines specified in
Section 7 of this subarea plan. City land use policies ensure that
land use regulations and public improvements accommodate flood
events that approximate the rate, magnitude and duration of natural
flood flows.
Section 6 Subarea Plan Implementation
314553001 6-11 Final Oceanside Subarea Plan
All development projects approved by the city will also include
implementation of Best Management Practices (BMPs) for stormwater
and surface runoff pursuant to the standards promulgated by the
California Regional Water Quality Control Board (RWQCB). For all
discretionary projects approved by the city, the city will include
mitigation measures or other conditions, as appropriate, to reduce
the likelihood that a flood would adversely impact covered species
and the conserved habitat. As a co- permittee of the RWQCB National
Pollution Discharge Elimination System (NPDES) Permit, the city is
required to adopt a Standard Urban Storm Water Mitigation Plan
(SUSMP). The large majority of new development projects and
significant redevelopment projects must meet SUSMP requirements to
reduce pollution and runoff flows. The city’s SUSMP includes a list
of recommended source control and structural treatment BMPs. Upon
the occurrence of flood as defined by this section, the city will
notify the wildlife agencies. If it is necessary to mitigate the
impacts of a changed circumstance flood on covered species, the
appropriate federal and state agencies will initiate, and the city
will participate in, an expedited analysis on the impacted area of
the city. The analysis will identify measures to minimize, to the
extent practicable, adverse impacts on covered species resulting
from the flood event. Measures developed by consensus between the
city and the wildlife agencies will be implemented. Ongoing
maintenance and operations activities may continue to use the
existing operating measures until the new measures resulting from
the analyses are developed. Drought Changed Circumstances. For the
purpose of defining changed circumstance, drought is defined as
climatic drought up to three years in length, as declared by the
California State Department of Water Resources and/or the San Diego
County Water Authority (SDCWA).
Drought is a cyclical weather phenomenon that is beyond human
control. Drought is not uncommon in southern California, and it is
a phenomenon to which local natural habitats and species have of
necessity adapted over time. Drought occurs slowly over a
multi-year period, differing from the catastrophic events of fire
and flood, which occur rapidly and afford little time for preparing
for disaster response. Drought conditions may adversely
Section 6 Subarea Plan Implementation
Final Oceanside Subarea Plan 6-12 314553001
affect the covered species and the conserved vegetation
communities, if the species and/or habitats are unable to adapt to
the changing conditions.
The potential for drought to impact the conserved habitat increases
with the length of a drought. As conserved habitat species and
habitats begin to react to a prolonged reduction in rainfall,
carry-over supplies in reservoirs are depleted and water levels in
groundwater basins also decline, making imported water resources
less available for non-potable uses. Both San Diego County and the
city rely on imported water. However, according to the California
Department of Water Resources (DWR), in their document “Droughts in
California,” droughts exceeding three years are rare in northern
California, the area of California that is the source of much of
the State’s developed water supply and of imported water for
southern California. A drought period of less than three years in
length, which restricts availability of water for preserve
purposes, is foreseeable, and would be considered a changed
circumstance. Preventative Measures and Planned Responses - Drought
This subarea plan does not contain measures to prevent climatic
drought because drought is not preventable by human intervention.
Based upon the extent and severity of the drought, the city will
develop and implement a monitoring program to monitor natural re-
growth within the damaged area for a period of up to two years. The
monitoring program will provide for site visits on a regular basis,
as determined by the city to be appropriate to the drought
situation. At any time during the monitoring program, should
monitoring observations indicate that allowing habitat to re-grow
without interference is resulting in increased opportunity for
invasion by exotic species and/or increased potential for type
conversion, as determined by the city in consultation with the
wildlife agencies, preserve management measures will be modified to
reduce the potential for such invasion and/or type conversion. In
the event of a changed circumstance drought, the city may provide
temporary irrigation at strategic locations within the preserve,
implement exotic species control techniques, and/or other measures.
Invasive Exotic Species Changed Circumstances For the purpose of
defining changed circumstance, invasion of exotic species is
defined as an increase of invasive species within the preserve to
the extent that, as determined by the city in consultation with the
wildlife agencies, such increase is of sufficient
Section 6 Subarea Plan Implementation
314553001 6-13 Final Oceanside Subarea Plan
magnitude to significantly, adversely affect any covered species.
For the purpose of implementing the actions specified by this
Section, species to be considered potentially invasive are those
defined in Section 5. Although invasive, exotic, or pest species of
plants and/or animals may currently be present within the preserve,
an unexpected and/or sudden increase in certain invasive species
may create the potential for impacts to covered species which could
have a significant adverse affect on one or more of the covered
species within the conserved habitat. Opportunities for increases
in invasive species could occur as urban development expands in
areas surrounding the conserved habitat. The occurrence of a
catastrophic event, including changed circumstances defined in this
section, may precipitate sudden increases of invasive species.
Planned responses to these changed circumstances, however, include
measures to reduce the opportunity for invasion by exotic
species.
Preventative Measures and Planned Responses – Invasive Exotic
Species Establishment of the preserve and the management actions
that will be undertaken as part of the implementation of this
subarea plan will reduce the probability of sudden increases in
invasive species. The preserve management guidelines in Section 7
of this subarea plan contain measures specifically designed to
prevent invasive species from threatening the conserved habitat.
These measures include restrictions on the use of invasive plant
species in landscape palettes, visitor/resident invasive species
education, fencing around development areas, training and use of
volunteers in removing invasive plant species, and inspecting
container plants to limit invasive ants. Through implementation of
the preserve management associated with this subarea plan, invasive
species will, under normal circumstances, be discovered prior to
becoming a threat to covered species. When invasive species are
discovered, the preserve management program is designed to be
tailored to eliminate, reduce, and/or manage such species.
If, as determined by the city in consultation with the wildlife
agencies, an increase in invasive species has occurred within the
preserve at a magnitude sufficient to present a significant adverse
affect to any covered species, the city will assess and implement
changes to the adaptive management program, that may be necessary
to control the invasive species.
Section 6 Subarea Plan Implementation
Final Oceanside Subarea Plan 6-14 314553001
6.3 CITY IMPLEMENTATION ACTIONS AND PROCESS The City of Oceanside
will enter into the previously described Implementing Agreement
with the wildlife agencies following an action of the Oceanside
City Council adopting the subarea plan and authorizing the
Agreement. The duration of the Agreement will be 50 years, with an
option for renewal of the Agreement. The Implementing Agreement
will ensure that the Oceanside Subarea Plan will be continuously
implemented over the next 50 years, and that the state and federal
take authorizations will be in effect for the same time period. Key
assurances for all parties described in the subregional MHCP and
this subarea plan will be incorporated in the Implementing
Agreement in full. For its part, the city will guarantee
implementation of the subarea plan through interim and permanent
regulatory measures, including codes, ordinances, and policies
contained in the Oceanside General Plan, and the other city policy
documents described in Section 2.3. The city affirms that within 2
years of the signing of an Implementing Agreement with the wildlife
agencies, it will develop and schedule action on a comprehensive
General Plan and LCP amendment that will codify any new or modified
city policies required to fully implement and execute the subarea
plan. By mutual agreement the parties may extend this period for an
additional 1 year. This action will ensure consistent
implementation of the subarea plan through city policy, private and
public project review and approval, and guidelines for operations
and management of public lands. Regardless of this time period, the
city will provide interim protection to habitat lands addressed in
the take authorizations through the process described earlier in
Section 6.2. 6.3.1 Local Regulatory Actions Upon signing of the
Subarea Plan Implementing Agreement, the city will use its land use
regulatory authority to fully implement the provisions of the plan.
Regulatory implementation shall consist of the following actions:
1. Urgency Ordinance for Interim Compliance. Concurrent with
approval of the
subarea plan, the city will enact an urgency ordinance as permitted
by California Government Code Section 65858, to require interim
compliance with the plan while permanent regulatory measures are
being drafted and approved.
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314553001 6-15 Final Oceanside Subarea Plan
2. General Plan Update. The city will amend the Land Use,
Environmental Resource Management, Recreational Trails, and
Community Facilities Elements of the General Plan as well as the
Master Plan for Parks and Recreation to incorporate the subarea
plan by reference. These elements and associated policies and
guidelines are discussed in Section 2.3. Open Space and Land Use
Maps contained in the elements will be amended to show the existing
and proposed hardline preserve areas as open space. If necessary or
applicable, existing goals, objectives or policies contained in the
elements may be amended to strengthen the city position regarding
plan implementation.
3. Update Local Coastal Program Land Use Plan. The city’s LCP Land
Use Plan
and San Luis Rey River Specific Plan will be updated and amended by
reference to add conserved habitat lands, identified in the subarea
plan or during plan implementation, as undevelopable open space
lands.
4. Update Oceanside Municipal Code. The Oceanside Municipal Code
will be
amended by reference to require lands addressed by the subarea plan
to comply with the conservation standards contained in Section 5 of
the subarea plan.
5. Update Zoning Ordinance. Additional text will be added to the
Zoning
Ordinance and a new Article will be drafted to describe the
effective boundaries and intent of the subarea plan. A review
process similar to the Hillside Development Plan described in
Section 3039 could be required for all development within the
subarea.
This addition to the ordinance will also create the following
Habitat Conservation
Overlay Zones: Wildlife Corridor Planning Zone, Agricultural
Exclusion Zone, Offsite Mitigation Zone I, and Offsite Mitigation
Zone II. These overlay zones are illustrated and described in
Section 4; specific standards and policies that apply in each zone
are described in Section 5.3. The addition to the Zoning Ordinance
will apply these additional protections for biological resources to
the overlay zones to supplement requirements of the underlying
zone(s). These criteria will make the Zoning Ordinance reflect the
requirements of the subarea plan in appropriate areas of the
city.
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Final Oceanside Subarea Plan 6-16 314553001
The city will also review and modify other development regulations,
as needed, to ensure that approval of private and public
development projects is consistent with the subarea plan.
6. Revise Hillside Development Provisions. The Hillside Development
Provisions
will be revised to prohibit development within the Wildlife
Corridor Planning Zone on all slopes greater than 40 percent with
an elevation differential of at least 25 feet, regardless of
underlying zoning. This revision will effectively extend protection
for habitats occurring on steep slopes to nonresidential parcels
and will increase protections by precluding exception to the
development restrictions based on a Hillside Development
Plan.
7. Update Grading Regulations Manual and Ordinances. The city will
update the
Grading Regulations Manual, the Flood Plain Management Ordinance,
and the Fire Ordinance to reflect final details of the subarea plan
and the MHCP as ultimately adopted by the City of Oceanside.
Current ordinances will be strengthened regarding enforcement and
penalties for illegal grading, clearing, and other operations
within habitat or other sensitive resource areas.
8. Comply with Implementing Agreement. The city will comply with
all terms
and conditions of the Subarea Plan Implementing Agreement. 6.3.2
Interim Resource Protection The goal of interim protection is to
prevent important habitat areas or species from being lost to
clearing, conversion, or development in the time period between
signing of the Implementing Agreement and city action to adopt the
General Plan update. Existing city regulations and ordinances, as
well as project-specific plans described in this subarea plan, will
provide both interim and permanent protection. No proposed project
requiring discretionary approval within the city will be approved
by the city without a determination of conformance with the subarea
plan once an Implementing Agreement is signed. No grading will be
done within the city without a determination of conformance with
the subarea plan by the Planning Director. The city will act on the
urgency ordinance outlined in Section 6.3.1 to require review of
any clearing, brushing, grubbing, or grading of vacant lands, or
conversion of
Section 6 Subarea Plan Implementation
314553001 6-17 Final Oceanside Subarea Plan
nonagricultural lands to active agriculture. If these lands are not
directly addressed by the subarea plan but contain resources
covered by the plan, an appropriate permit and level of mitigation
consistent with the plan will be required. If such lands are
directly addressed in the subarea plan, the plan’s requirements
must be met as if the city had fully incorporated the subarea plan
into the Oceanside General Plan. 6.3.3 Development Review and
Approval Process Establishment of the regulatory framework
described in Section 6.3 will enable the city to fully implement
the land conservation policies of the subarea plan through the
normal project review and approval process. The process summarized
in Figure 6-1 will apply to all private and public projects where
the city has jurisdictional land use authority. The city will apply
the same process for project areas where hardline plans are
incorporated into the subarea plan as well as those limited areas
where compliance is driven by criteria and standards.
Hardlined Project Plans. Some areas within city boundaries at the
time of plan adoption are addressed by hardlined plans incorporated
or referenced in this plan as addressed in Section 2.4. Hardlined
project plans contain a map that shows where conservation and
development will occur on the site. Hardlined projects must also
incorporate city mandated development requirements before approvals
are granted. Section 5 contains overall project design guidelines
that must also be considered when developing final detailed plans
for hardlined areas. Taken together, these constitute the “Subarea
Plan Compliance” step included in Figure 6-1.
Softlined Project Plans. For other areas of the city, it was not
possible to prepare
project level plans prior to approval of the subarea plan.
Conservation requirements for these areas are described as specific
standards and criteria for preserve design and project approval
described in Section 5. In these areas, the city will ensure that
all standards and criteria are fully satisfied before any project
approvals are issued.
Wildlife Agency Consultation. Once the Implementing Agreement is
signed, the
city will not be required to consult with the wildlife agencies in
the normal course
Section 6 Subarea Plan Implementation
Final Oceanside Subarea Plan 6-18 314553001
Figure 6-1 regular 8½ x 11
Section 6 Subarea Plan Implementation
314553001 6-19 Final Oceanside Subarea Plan
of review and approval of project plans. The agencies will receive
notification of a project through a CEQA Notice of Preparation
(NOP) and may request a voluntary consultation within the normal
public review period listed on the NOP, where coordination may help
clarify and address key issues or may help to streamline the
regulatory permitting process. Any new project that uses the
Oceanside Subarea Plan for coverage must demonstrate consistency
with the subarea plan by making consistency findings through a
public review process, which will typically be through a CEQA
review. For projects that would not require a CEQA review but
require a subarea plan consistency finding, a separate consistency
determination and wildlife agency notification would be
required.
The issuance of take authorizations will be documented by the city
by maintaining a list of all approvals under the subarea plan,
which is attached or appended to the plan and updated on an annual
basis. The list will describe the project, the amount of acres
taken or conserved by the project, and the physical location of the
tentative map or other record of project approval produced by the
city. All issuances of project approvals over the course of a year
will be documented and discussed at the required annual subarea
plan meeting described in Section 6.3.7. The primary exception to
this general procedure would be if a project required an amendment
to the subarea plan. Plan amendments are described in Section 6.4.
6.3.4 Oceanside Conservation Strategy and Preserve Design The City
of Oceanside has developed a conservation strategy that is unique
and adapted to city-specific issues and development conditions with
regard to the NCCP process. This approach is consistent with the
guidelines and process of the NCCP program and provides the basis
for Oceanside’s achievement of the overall MHCP conservation goals
described in this subarea plan. The preserve design is based on the
division of the city into distinct planning zones: a Wildlife
Corridor Planning Zone, Pre-approved Mitigation Areas, and two
Offsite Mitigation Zones. These zones are designed to achieve
preserve objectives that will contribute to local and regional
conservation goals by focusing conservation activities and project
mitigations into the Wildlife Corridor and other important
biological resource areas. The critical role that Oceanside plays
in providing a regional linkage for key species, including the
California gnatcatcher, was one of the key considerations and
driving forces prompting the unique conservation strategy and
preserve design approach outlined in this subarea plan.. Details
concerning
Deleted: 8
Final Oceanside Subarea Plan 6-20 314553001
the contents and biological justification for this preserve design
are discussed in Section 4.3. 6.3.5 San Luis Rey River Channel The
San Luis Rey River channel is the subject of a Flood Control
Management Plan prepared by the ACOE. The intent of the plan is to
provide adequate flood protection while preserving as much habitat
as possible. A separate Section 7 consultation with the ACOE has
been completed for the Flood Control Management Plan project, which
addressed the potential effect of the project on federally-listed
species. 6.3.6 Buena Vista Lagoon Restoration and Management Plan
The Buena Vista Lagoon is located within a portion of the cities of
Oceanside and Carlsbad and is managed as a State ecological reserve
by the CDFG. An updated Management Plan is currently being prepared
under the guidance of the CDFG, the Buena Vista Lagoon Foundation
and the State Coastal Conservancy. The Management Plan will
identify a preferred lagoon restoration scenario and will contain
policies and standards to ensure lagoon restoration success and the
long term health and management of the lagoon ecosystem.
Implementation of the management plan will be considered part of
overall subarea plan implementation. 6.3.7 Annual Implementation
Coordination Meetings An annual meeting will be held between the
city and the wildlife agencies to review, coordinate, monitor and
assess overall subarea plan implementation. It is the
responsibility of the city to schedule this meeting within 60 days
of each anniversary of execution of the Implementing Agreement. To
meet the stipulations of the Implementing Agreement, the subarea
plan must be implemented in a way that issuance of authorizations
for taking of species and habitats is roughly proportional with
implementation of the conservation strategy in the plan. The annual
accounting of habitat acreage within the subarea will include land
conserved and habitat taken during the reporting period. Progress
toward achieving conservation requirements will be reviewed, and
habitat management issues will be discussed, along with a review of
project approvals issued by the city over the course of the year.
If the wildlife agencies determine that the subarea plan is not
being implemented as required, the wildlife agencies and the city
will take the actions specified in the Implementing Agreement to
remedy the
Deleted: f
Deleted: c
Deleted: Agreement
Deleted: currently being
Deleted: Once completed, the will be incorporated by reference into
the subarea plan.
Section 6 Subarea Plan Implementation
314553001 6-21 Final Oceanside Subarea Plan
situation. These actions may include additional management
activities, modification of the project compliance process, or
redirection of acquisition funds, as long as they are consistent
with the provisions of the Implementing Agreement. 6.4 SUBAREA PLAN
AMENDMENTS Certain events may require amending the subarea plan as
described below. Although subarea plan amendments are not
anticipated on any regular basis, amendments may be necessary to
accommodate major changes in conservation levels or preserve
design, or large annexations of land. Consultation with the
wildlife agencies is required for a plan amendment, and these
agencies must be notified as soon as the local jurisdiction
confirms that a plan amendment is warranted. As specified in MHCP
Volume I, CEQA and NEPA documentation must be prepared for any
project that triggers the need for a subarea plan amendment. The
environmental document(s) must address project impacts, as well as
impacts on subarea plan implementation and any effects on existing
take authorizations held by the city. Examples of amendments to the
subarea plan may include but are not limited to:
Removal of lands from conservation, or reconfiguration of project
plans resulting in a decrease of the amount or quality of habitat
conserved that could not be addressed by a boundary
adjustment.
A large annexation of land that requires take authorizations for
development, and
which is not covered by an existing NCCP subarea plan; or a major
variation in design or implementation from an existing NCCP
plan.
Land excluded from a subarea plan at the time of approval, and
therefore not
covered by take authorizations, but is later planned for
development or conservation purposes.
6.5 BOUNDARY ADJUSTMENTS AND EQUIVALENCY Adjustments to the
approved subarea plan preserve boundaries may be desirable under
some circumstances that do not require plan amendment, and will be
based on a like or
Section 6 Subarea Plan Implementation
Final Oceanside Subarea Plan 6-22 314553001
equivalent exchange concept. Boundary adjustments may be necessary
under certain circumstances, such as the following examples:
New biological information is obtained through site-specific
studies;
Unforeseen engineering design opportunities or constraints are
identified during the siting or design of projects that require
modification of the preserve boundary; and/or
A landowner may request that a portion of or all of his property be
included
within the preserve boundary. Adjustments to preserve boundaries
can be made without the need to amend the subarea plan or MHCP if
the adjustment will result in the same or higher biological value
to the preserve system. The determination of biological value of
the proposed change is made by the local jurisdiction and must have
the written concurrence of the wildlife agencies. If USFWS or CDFG
disagree with the city’s equivalency determination, they have 30
days to provide in writing reasons for disagreeing with the finding
and suggested solutions. If no written reply is received or a
written concurrence is received by the city from the wildlife
agencies within 30 days, the city may proceed with their
determination of biological value of the proposed change. The
comparison of biological value will be based on the following
biological factors:
Effects on conserved habitats (i.e., the exchange maintains or
improves the amount, configuration, or quality of conserved
habitats);
Effects on covered species (i.e., the exchange maintains or
increases the
conservation of covered species);
Effects on habitat linkages and function of preserve areas (i.e.,
the exchange results in similar or improved habitat connectivity,
wildlife movement corridor function, management efficiency and/or
protection of biological resources);
Effects on ecotones or other conditions affecting species diversity
(i.e., the
exchange maintains topographic and structural diversity and habitat
interfaces of the preserve); and/or
Section 6 Subarea Plan Implementation
314553001 6-23 Final Oceanside Subarea Plan
Effects to species of concern not on the covered species list
(i.e., the exchange
does not significantly increase the likelihood that an uncovered
species will meet the criteria for listing under either the federal
or state ESAs).
It is anticipated that most adjustments to the boundaries would be
in areas immediately adjacent to identified preserve areas. Any
agreed upon modification of preserve boundaries should be reported
to the entity responsible for regional preserve system accounting,
and to adjacent jurisdictions if the modification might affect
their portion of the preserve. In the event that Section 7 or 10(a)
consultations are undertaken between a property owner and the USFWS
outside the structure of the subarea plan, the result of these
consultations should be documented by the USFWS and furnished to
the city. The city will record the information using the same
process described in 6.3.3, but would not be a cause for amendment.
6.6 ANNEXATIONS Future annexations of land to the city must be
addressed by the requirements of the subarea plan. These include
interim protection of resources and conformance to the subarea plan
project review and approval process depicted in Figure 6-1 if
development is proposed in the annexed area. The status of County
NCCP Plan(s) in annexed areas prescribes the city’s actions. The
city will implement the subarea plan in the case of annexations as
follows:
If no approved county or other subarea plan exists for the area
being annexed, the city must assure that any development project
design is consistent with the overall conservation directives and
preserve design strategy of the Oceanside Subarea Plan and the
MHCP.
If an approved county or other subarea plan exists for the area
being annexed, the
approved County subarea plan applies, and may be modified through
the boundary adjustment process described in Section 6.5.
Deleted: 4
Final Oceanside Subarea Plan 6-24 314553001
This same approach will apply to de-annexation or re-annexation of
lands from another incorporated city.
The city will additionally apply the following guidelines to
annexations whether a county or other subarea plan exists or
not.
For small annexations of less than 40 acres, or where little
habitat is present, the city will meet subarea plan requirements by
directing that overall conservation and project design guidelines
be addressed in any project plan proposed to the city for approval.
No consultation with the wildlife agencies is required for this
process, and notification will occur through the process described
in Section 6.3.3.
In the case of annexations of land greater than 40 acres that
require take
authorizations for development, the city will work cooperatively
with the County of San Diego or other entity to assure consistency
between the Oceanside Subarea Plan, County MSCP, or other
applicable conservation standards. The wildlife agencies must be
consulted in the event of an annexation larger than 40 acres. If
any existing county or other subarea plan will not be modified, or
is modified in a way consistent with the Boundary Adjustment
process, the resulting project design will be appended to the
Oceanside Subarea Plan and no plan amendment is required. If a
major variation from a county or other subarea plan is proposed,
the Oceanside Subarea Plan must be amended following the procedures
described in Section 6.4 including the CEQA and NEPA requirements.
The city and county, or other responsible jurisdiction, may agree
on which agency will issue the take authorizations, but the city
will be responsible for assuring that any project level
conservation plan is implemented following annexation to the
city.
6.7 PROCESS FOR ADDING NON-COVERED SPECIES TO COVERED SPECIES LIST
If a species that is not on the covered species list is proposed
for listing pursuant to the federal or state ESA, the wildlife
agencies will determine whether additional conservation measures,
beyond those prescribed by the MHCP and Oceanside Subarea Plan, are
necessary to adequately protect the species. If no such measures
are necessary, the species will be added to the covered species
list using the federal and state take authorization amendment
process if requested by the city.
Deleted: 4
314553001 6-25 Final Oceanside Subarea Plan
If the MHCP and subarea plan conservation measures will not
adequately protect the species, the wildlife agencies will work
with the participants to identify and jointly implement the steps
necessary for coverage. These may include the following
measures:
Management practices and enhancement opportunities within the
preserve system, provided these measures do not adversely affect
any covered species; and
Habitat acquisition through the reallocation of federal, state, and
regional funds
identified for MHCP implementation, provided such reallocation does
not adversely affect any covered species.
If these options are not adequate to meet the species’ conservation
requirements, the wildlife agencies will determine the additional
measures necessary to add the species to the covered species list,
with preference given to conservation means that do not require
additional mitigation or dedication of land. Although conservation
measures necessary to add the species to the covered species list
may be identified when or after the species is proposed for
listing, the city or other parties holding permits issued by the
city through the subarea plan will not be required to approve or
implement these conservation measures until such time as the
species is listed. 6.8 PERMANENT RESOURCE PROTECTION 6.8.1 Local
Regulations As has been described, the city will, as appropriate,
update, consolidate, and codify the environmental regulations
contained in the subarea plan into the Oceanside General Plan.
Additionally, the city implements CEQA through the development
review and approval process, which requires protection of
significant biological resources and mitigation for project
impacts. Findings of consistency with the MHCP and Oceanside
Subarea Plan will be required for all projects with the potential
to impact habitat or that occur in the Wildlife Corridor Planning
Zone and Agricultural Exclusion Zone. 6.8.2 Assurance of Long-term
Biological Integrity The long-term biological integrity of the land
conserved through implementation of the subarea plan will be
assured as follows:
Deleted: requesting issuance of take authorizations
Section 6 Subarea Plan Implementation
Final Oceanside Subarea Plan 6-26 314553001
Lands set aside as mitigation for development, whether onsite or
offsite, and lands
acquired for the preserve system with public funds, will be
protected with perpetual open space easements or, at the city’s
option, dedicated in fee to the city or another governmental or
nonprofit agency, which will take over management responsibilities
and liability. Whichever option is selected, the city will require
the project proponent to identify a method to pay for management of
the property in perpetuity.
Public lands (federal, state, and local) committed to conservation
will be
protected with conservation easements, dedications, zoning, general
plan designations, or other protective measures to ensure that such
lands are managed and preserved consistent with the MHCP and this
subarea plan in perpetuity.
Both private and public facility development will be regulated as
has been
described. Development will be directed toward the least
biologically sensitive portion of the site by local ordinance using
the hardlined project plans and other standards and criteria
established in this subarea plan. Agreements or permits
implementing these land regulations will be recorded with the
County Recorder and will run with the land. The indirect impacts of
the development will be addressed in the agreements or permit(s) to
ensure protection of the sensitive resources remaining on the
premises outside of the development area.
6.9 RELATIONSHIP OF SUBAREA PLAN APPROVAL TO MHCP CORE CONSERVATION
It is a general requirement for jurisdictions participating in the
MHCP that conservation of an additional “core area” of coastal sage
scrub habitat be guaranteed by Implementing Agreements before take
authorizations may be issued. This core area, overall
responsibilities of the parties, and the strategy for its assembly
are described in Section 5.3.9 of the MHCP Volume I. It is
anticipated that the 400 to 500 acre core area will be located in
or near either Carlsbad or San Marcos as they are the only cities
with a remaining large, unfragmented core area of coastal sage
scrub that could potentially be used as a breeding area for
California gnatcatchers. The approval process for the Oceanside
Subarea Plan may proceed as soon as the city and wildlife agencies
agree that the conservation strategy and other required subarea
plan
Deleted: open space
314553001 6-27 Final Oceanside Subarea Plan
elements are sufficiently addressed, and need not wait for final
resolution of the core area. As stated in Section 3.3.2 of MHCP
Volume I, the biological goals for the core area have been met by
the recent and ongoing acquisition of core area lands by various
entities for conservation. As specified in the MHCP, the cities of
Carlsbad, Encinitas, and San Marcos were responsible for addressing
the conservation needs of the core area. Oceanside has no specific
acquisition responsibility to expend either cash or direct
mitigation to secure the core area. However, if the city
participates in a successful regional or subregional habitat
acquisition and/or management funding measure, proceeds from that
may be used in part for acquisition and/or management of lands in
the core. 6.10 COORDINATION WITH OTHER NCCP SUBAREA PLANS AND THE
MHCP As other subarea and subregional plans are prepared and
implemented under the NCCP program in San Diego County, the
following measures will be implemented:
• To the extent reasonable and feasible, the city will coordinate
establishment and management of the preserve system within
Oceanside with adjacent jurisdictions;
• The city will continue to participate in the MHCP and NCCP
planning process; • The city will ensure that implementation of
this Subarea Plan does not preclude
conservation of regionally sufficient biological resources; and •
The city will consider participation in any regional efforts to
secure funding for
habitat acquisitions and management from public and private
sources. The city’s participation in any regional funding effort or
proposal will be subject to the limitations stated in the
Implementing Agreement.
6.11 COOPERATIVE MHCP IMPLEMENTATION STRUCTURE 6.11.1 Introduction
and Overview A structure to assure successful implementation of the
MHCP and constituent subarea plans must be accepted by the state
and federal agencies. Implementation involves executing all subarea
plan policies, managing and monitoring preserve lands, and raising
and distributing necessary funds. The responsibility for MHCP
implementation falls to the individual cities that enter into
Implementing Agreements with the wildlife agencies. The cities can
choose to work in concert or independent of one another on policy
and
Deleted: Additionally,
Final Oceanside Subarea Plan 6-28 314553001
funding issues; however, the preserve system must be managed
consistently across political boundaries. The cooperative
implementation structure for the MHCP has several goals:
Coordinate implementation of preserve assembly, management, and
monitoring among the cities;
Meet the requirements of the ESA, CESA, and NCCP Act; Coordinate
regional planning and infrastructure development among the
MHCP
cities; Coordinate local land use and conservation activities on
shared municipal
boundaries; Guarantee local flexibility in MHCP implementation; and
Raise and manage the local funds required for MHCP
implementation.
The structure described briefly in this section facilitates
cooperation among the cities, assures subarea plan implementation
by each city, provides fiscal support for plan implementation, and
assures preserve management consistent across jurisdictional
boundaries. The structure creates roles and responsibilities for
elected officials, staff, and stakeholders from each city, and
forms a local not-for-profit land conservancy to facilitate
preserve assembly, management, and monitoring. Figure 6-2
illustrates the proposed implementation structure, which is
described more completely in Section 5.7 of the MHCP Volume I (AMEC
and CBI 2003). 6.11.2 MHCP Elected Officials Committee
Structure
• Oceanside will send a city council member to the Elected
Officials Committee. This Committee is composed of a city council
member for each participating city. The Committee must be formed
once two or more cities have entered into Implementing Agreements
with the wildlife agencies. During any interim period, when only
one MHCP city has completed an implementing agreement, coordination
of MHCP implementation will be directly between that city and the
wildlife agencies according to the terms of that city’s Subarea
plan and Implementing Agreement. The Elected Officials Committee
can be organized as a subcommittee of the SANDAG Board with
individual members selected by each
Deleted: Final
Deleted: Plan
Deleted: SANDAG
314553001 6-29 Final Oceanside Subarea Plan
Figure 6-2. MHCP Implementation Structure Primary Responsibilities
regular 8½ x 11
Section 6 Subarea Plan Implementation
Final Oceanside Subarea Plan 6-30 314553001
participating city, or the committee can be independent of the
SANDAG structure. The MHCP Elected Officials Committee has, at a
minimum, the following responsibilities:
• Develop the financial support required by the cities for Subarea
plan implementation. This is the single most important
responsibility of the Committee and should be the primary focus of
its activities. A guaranteed source of funds is required for the
major aspects of the Subarea plan implementation, including land
acquisition, habitat monitoring and management, and preserve system
maintenance and operation;
• Guarantee the financing and implementation coordination legally
necessary to obtain and hold federal and state take
authorizations;
• Sponsor subregional funding efforts required to implement the
MHCP and cooperate in development of any proposed regional funding
effort;
• Assure the autonomy of participating cities; • Appoint any
required science advisors; • Serve as the Board of Directors of an
MHCP conservancy if one is formed; and • Assure that participating
cities with implementing agreements are fully
coordinating their management, monitoring, and maintenance plans
through the activities of the MHCP Staff Subcommittee. The Elected
Officials Committee shall develop and sponsor a memorandum of
agreement (MOA) or other similar and equally effective process
among the cities to assure coordination of MHCP implementation
actions.
6.11.3 MHCP Advisory Committee The MHCP Advisory Committee is
appointed by the Elected Officials Committee. Their overall
responsibility is to provide a forum for cooperation on policy and
technical issues by the cities as well as a structure for continued
involvement by interested organizations, groups and individuals.
The Advisory Committee is divided into two functional
subcommittees. The Staff Subcommittee, composed of members from the
participating cities, and the Stakeholders Subcommittee, which
initially has much the same membership as the original MHCP
Advisory Committee. The Subcommittees have no discretionary powers
and are advisory to the MHCP Elected Officials Committee. Each
subcommittee selects a chairperson and vice-chairpersons from among
its membership. They are responsible for scheduling public
noticed
Section 6 Subarea Plan Implementation
314553001 6-31 Final Oceanside Subarea Plan
meetings, developing agendas, and coordinating quarterly meetings
where the two subcommittees can meet together as a committee of the
whole. The chairpersons (of vice- chairpersons) from the
subcommittees serve as co-chairs at these quarterly meetings. These
quarterly meetings are noticed and open to the public and at
minimum, includes on the agenda status reports from the Elected
Officials Committee and from a land conservancy if one is formed.
Each subcommittee may meet separately as required to address MHCP
implementation and coordination responsibilities and other issues
as they arise. MHCP Staff Subcommittee – The Staff Subcommittee
must address land use and public facility planning, local
implementation, acquisition and management funding, preserve
monitoring, and similar issues that requires coordination of public
policies and actions among the cities. Their role is to directly
coordinate city implementation actions and issues, and to recommend
policy actions to the Elected Officials Committee. Membership of
the Staff Subcommittee is limited to the cities that either have
entered into, or anticipate entering into implementing agreements.
One member of the Staff Subcommittee must serve as a liaison to the
MHCP Stakeholders Subcommittee and also serve as a member of that
group. The MHCP Staff Subcommittee has, at a minimum, the following
primary responsibilities:
• Coordinate implementation of Subarea plans where jurisdictions
have common boundaries or issues;
• Provide a regularly scheduled opportunity to discuss
implementation requirements and needs;
• Coordinate cities’ actions on preserve management and on
maintenance issues; • Assure that required preserve monitoring,
reporting, and management is
coordinated among the cities, and that these activities employ the
directives and guidelines of the MHCP Biological Monitoring and
Management Plan;
• Develop recommendations on MHCP implementation and coordination
for consideration by the Elected Officials Committee;
• Coordinate closely with the CDFG and USFWS on MHCP implementation
issues; • Coordinate the annual accounting process to determine
land conserved and
permits issued, and assist in database maintenance;
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Final Oceanside Subarea Plan 6-32 314553001
• Cooperate with the Stakeholders Subcommittee to identify MHCP
implementation funding opportunities and develop joint
recommendations on funding programs and legislation;
• Cooperate with the Stakeholders Subcommittee to develop public
outreach efforts;
• Work closely with the MSCP Implementation Coordinating Committee;
and • Coordinate with the County of San Diego on both development
and
implementation of the North County MSCP Subarea Plan. MHCP
Stakeholders Subcommittee – The Stakeholders Subcommittee provides
a forum for early and continuous involvement with issues of MHCP
implementation, funding, and public outreach. Members of the
Stakeholders Subcommittee are determined through appointment by the
Elected Officials Committee. The Elected Officials Committee will
develop membership selection criteria that will provide a balance
of skills, experience, abilities, geographic representation, and
other special interests. Membership is limited to 20 people. The
MHCP Staff Subcommittee is initially responsible for contacting
qualified local groups to determine if they have an interest in
serving on the Stakeholders Subcommittee. These contacts will
include groups that have been members of the MHCP Advisory
Committee that are still active. Based on membership selection
criteria established by the Elected Officials Committee, the Staff
Subcommittee will present a list of candidate members for the
Stakeholders Subcommittee to the Elected Officials Committee at
their second scheduled meeting. One member of the Staff
Subcommittee must serve as a liaison to the Stakeholders
Subcommittee as well as a member of that group. The Elected
Officials Committee will review the Stakeholders Subcommittee
membership annually and make adjustments to that membership
accordingly. The Stakeholders Subcommittee may make recommendations
to the Elected Officials Committee to request changes in
Subcommittee membership. The MHCP Stakeholders will have, at a
minimum, the following responsibilities:
• Provide a forum for involvement of interested parties in MHCP
implementation; • Cooperate with the Staff Subcommittee to develop
public outreach efforts; • Disseminate public information on MHCP
implementation and issues; • Identify funding sources for plan
implementation;
Section 6 Subarea Plan Implementation
314553001 6-33 Final Oceanside Subarea Plan
• Cooperate with the Staff Subcommittee to identify MHCP
implementation funding opportunities and develop joint
recommendations on funding programs and legislation; and
• Develop and implement actions to support funding requests and
legislation in cooperation with outside groups established to
support and encourage implementation of habitat conservation and
NCCP programs.
6.11.4 MHCP Land Conservancy The locally based, not-for-profit Land
Conservancy would facilitate assembly and management of the
preserve system. The Conservancy would employ a manager who would
report to the Conservancy’s Board of Directors (the Elected
Officials Committee). The Conservancy would acquire habitat lands,
finance the purchase of lands, and facilitate coordination among
the preserve managers. The Conservancy would work with a team of
science advisors, appointed by the Board of Directors, with special
expertise in the species and habitats of the preserve system. The
advisors may be independent, associated with educational
institutions or public agencies, be members of a not-for-profit
organization, or be employees of biological science firms. The
Conservancy would also coordinate activities of the habitat
managers tasked specifically with the job of managing the preserve
according to the subarea plan. These managers could be a coalition
of city departments, state agencies, and private organizations. The
land conservancy will consider at a minimum the following
responsibilities:
• Acquire, assemble, and own land in tax-exempt status; • Shelter
the cities from legal liability associated with ownership of
habitat lands; • Negotiate land acquisitions through innovative
means including packaging of
financial resources, installment purchases, land swaps, and
non-cash transactions; • Focus the efforts of other conservation
organizations and trusts on MHCP needs; • Accept gifts of land
donated for conservation in exchange for tax credits; • Structure
and enter into agreements for conservation easements, living
trusts, and
other less-than-fee agreements; and • Develop preserve management
recommendations for funding approval by a land
conservancy board of directors.
Final Oceanside Subarea Plan 6-34 314553001
6.11.5 MHCP Preserve Manager There may be a case where land is
purchased for the preserve system that cannot be managed by one of
the existing land managers, or a city decides to have the lands
managed by another entity. In this case, the Conservancy, if
established, could choose to hire a preserve manager with the
responsibilities listed below. The preserve manager would
coordinate activities with other preserve managers through the Land
Conservancy structure.
• Implement actions required by the habitat management plan for the
Subarea plan including area-specific directives as they are
developed.
• Implement additional policies and actions approved by a MHCP land
conservancy board of directors.
• Perform all “on-the-ground” management and monitoring
actions.