Section 6 Final - Oceanside, California

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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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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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
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.
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.
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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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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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.
• 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.
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
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
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.
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.
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.
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
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
Figure 6-1 regular 8½ x 11
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
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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
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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
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
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.
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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.
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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:
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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
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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
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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
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Figure 6-2. MHCP Implementation Structure Primary Responsibilities regular 8½ x 11
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
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;
• 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;
• 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.
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.

Documents

Section 6 Final - Oceanside, California