California Dept of Fish and Game - MOU . ; t
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IMPLEMENTING AGREEMENT/CESA MOU
by and between
�JNITED STATES FISH AND WILDLIFE SERVICE
CALIFORNIA DEPARTMENT OF FISH AND GAME
CITY OF POWAY, CALIFORNIA �
TO ESTABLISH THE POWAY SUBAREA HABITAT CONSERVATION PLAN/
SUBAREA NATURAL COMMUNITY CONSERVATION PLAN
FOR THE CONSERVATION OF
THREATENED, ENDANGERED AND OTHER PLANT AND ANIMAL SPECIES
FOUND WITHIN THE JURISDICTION OF
CITY OF POWAY, CALIFORNIA
J[JNE, 1996 _..
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This Implementing Agreement/California Endangered Species Act
Memorandum of Understanding (CESA MOU) ("Agreement") is entered
into as of the /9 �' day of ��!, 199� by and among the UNITED
STATES FISH AND WILDLIFE SERVICE ("USFWS") , an Agency of the United
States Department of the Interior, the CALIFORNIA DEPARTMENT OF
FISH AND GAME ("CDFG" ) , a Subdivision of the California Resources
Agency, and t-ke CIT3L-OF POWAY ("City") , a municipal corporation
situated in the County of San Diego, State of California,
hereinafter collectively called the "Parties. "
AGREEMENT
Based upon the recitals, definitions, mutual covenants and
obligations, and other provisions set forth below, and other
valuable consideration, the Parties agree as follows:
1 . 0 DEFINITIONS AND EXHIBITS
DEFINITIONS The following terms as used in this Agreement
shall have the meanings set forth below:
1.1 "Additional Covered Species" means those species included -.•
within the City' s Section 10 (a) Permit and Management Authorization
and identified on Exliibit C attached to this Agreement, for which �
incidental take shall be authorized through incremental
implementation of the MSCP as provided in this Agreement.
1.2 "Agreement" means this Implementing Agreement/CESA MQIL. -
1.3 "CDFG" means the California Department of Fish and Game, a
subdivision of the California Resources Agency.
1.4 "CEQA" means the California Environmental Quality Act (Cal .
Public Resources Code �� 21000 - 21177) , including all regulations
promulgated pursuant to that Act. -
1.5 "CESA" means the California Endangered Species Act (California
Fish and Game Code §� 2050 - 2098) , including all regulations _ .
promulgated pursuant to that Act.
1.6 "Management Authorization" means any authorization issued by - ' '
CDFG under CESA (specifically, California Fish and Game Code �
2081) or the NCCP Act (specifically, California Fish and Game Code
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§§ 2825 or 2835) , to permit the Management Take of a species listed
under CESA as threatened or endangered, or of a species which is a
candidate for such a listing, or of a species listed as an
identified species under § 2835 .
1.7 "City" means the City of Poway, City of Poway City Council,
and City of P6way Re�elopment Agency, which may act independently
and/or jointly as the applicant, lead agency, or decision-maker
concerning the planned development of public and private projects
within the City.
1.8 "Covered Species" means the plant and animal species
identified on Exhibit B attached to this Agreement, the incidental
take/management take of which is authorized under the Section 10 (a)
Permit, Section 4 (d) Special Rule, and/or Management Authorization
in accordance with this Agreement .
1.9 "Effective Date" means the date following execution of this
Agreement by all Parties on which the Section 10 (a) Permit is
issued.
1.10 "ESA" means the federal Endangered Species Act (16 U.S.C. �� -•
1531 - 1544) , including all regulations promulgated pursuant to
that Act. '
1.11 "Incidental Take" means the take of an animal or plant species _
listed as threatened or endangered pursuant to the ESA that would
otherwise be prohibited under Section 9 of the Act or purs�ant to -
a special rule issued under Section 4 (d) of the Act, where such
take is incidental to, and not the purpose of, the carrying out o£
an otherwise lawful activity.
1.12 "Management Take" means the take of a plant or animal species
listed as threatened or endangered pursuant to the CESA, or any
species which is a candidate apecies nnder the CESA, where such -
take is for management purposes in accordance with a Management
Authorization.
1.13 "Multi-Habitat Planning Area" or "MHPA" means the area within
the MSCP Area within which preserve planning is focused and where
permanent preservation of habitat lands will be accomplished. The ' � �
MHPA will conserve sufficient habitat to enable the Covered and
Additional Covered Species to be self-sustaining within the MSCP
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Area and to protect the Covered and Additional Covered Species as
if listed under the ESA and CESA.
1.14 "Multiple Species Conservation Program" or "MSCP" means the
"Public Review Draft Multiple Species Conservation Program MSCP
_ _ _ Plan" prepared by the City of San Diego on behalf of itself and _
eleven other �neral purpose agencies of government, including the
City of Poway, and dated March 1, 1995, as may be modified in the
final MSCP Plan.
1 .15 "MSCP Area" consists of the land in the greater San Diego
region which is encompassed by the MSCP, as depicted on Figure 1-1
of the Public Review Draft MSCP Plan. �
1.16 "NCCP Act" means the California Natural Community Conservation
Planning Act of 1991, enacted by Chapter 765 of the California
statutes of 1991 (A.B. 2172) (codified in part at California Fish
and Game Code §� 2800, et seq. ) , including all regulations
promulgated pursuant to that Act .
1.17 "Parties" mean the signatories to this Agreement, namely the
USFWS, the CDFG, and the City. "
1.18 "Permit Area" means the area, as depicted on Pocket Map 3 '
attached to the PSHCP, in which the Incidental Take and/or
Management Take of Covered Species is allowed by virtue of the _
Section 10 (a) Permit, Section 4 (d) Special Rule, and/or Management
Authorization in accordance with this Agreement. � — �
1.19 "Permittee" shall mean the City as defined in Section 1 . 7
above.
1.20 "Planned Development" shall mean public and private
development projects anticipated under the Poway General Plan and
Paguay Redevelopment Plan as described in Section 1.3 of the PSHCP. -
1.21 "PSHCP" means the Poway Subarea Habitat Conservation
Plan/Subarea Natural Community Conservation Plan (PSHCP) dated _. .
1.22 "Mitigation Area" means the geographic area of the City within � �
which preserve planning is focused and where pezmanent preservation
of habitat lands will be accomplished. The Mitigation Area will
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conserve sufficient habitat to protect the Covered Species as if
they were listed under the ESA and CESA.
1.23 "Section 4 (d) Special Rule" means the regulation concerning
the coastal California gnatcatcher, published by the USFWS on
December 10, 1993 (58 Federal Register 65088) and codified at 50
C. F.R. � 17 .�tY (b) , w�i'ich defines the conditions under which the
take of the coastal California gnatcatcher incidental to land use
activities will not be considered a violation of Section 9 of ESA.
1.24 "Section 10 (a) Permit" means the permit issued by the USFWS to
the City under Section 10 (a) (1) (B) of the ESA (16 U.S.C.
§ 1539 (a) (1) (B) ) to allow the incidental take of the Covered
Species.
1.25 "Take" and "Taking" shall mean to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in any such conduct .
1.26 "Take Authorization" means a Section 10 (a) Permit and/or a
Management Authorization, or incidental take allowed in accordance
with the Section 4 (d) Special Rule. -�
1.27 "Third Party Beneficiaries" means proponents of planned '
development projects proposed in accordance with the Poway General
Plan, Paguay Redevelopment Plan, the PSHCP, and this Agreement ____
within the jurisdictional limits of the City, that are subject to
the control of the City through the City' s land use regulati�ns and -
permitting authorities .
1.28 "Unforeseen Circumstances" refers generally to any significant
adverse change that was not foreseen by the Partiea as of tkie.
Effective Date, in the population of Covered Species, or in the
habitat or natural resources of lands preserved pursuant to the
PSHCP and this Agreement, or in the anticipated impacts of planned -
development within the City, or other factors upon which the PSHCP
is based. A finding of unforeseen circumstances shall be governed
by the "Assurances Policy" released by the Secretaries of the _. .
Interior and Commerce dated August 9, 1994, a copy of which is
attached hereto as Exhibit D, which further defines the factors to
be cansidered in the determination of whether extraordinary ' - '
circumstances exist such that a finding of "unforeseen
circumstances" is warranted.
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1.29 "USFWS" means the United States Fish and Wildlife Service, an
agency of the United States Department of the Interior.
EXHIBITS The following Exhibits are attached to this
Agreement and incorporated by reference herein.
1.30 Exhibit � - City of Poway Final Signed Approval Documents .
1.31 Exhibit B - Covered Species List
1.32 Exhibit C - Additional Covered Species List
1.33 Exhibit D - August 11, 1994 "Assurances Policy" issued by the
SecretaYies of the Interior and Commerce.
2 .0 RECITALS
This Agreement is based on the following facts :
2 .1 CITY
The City of Poway is a municipal corporation located within -
the County of San Diego. The City is authorized to enter into this
Agreement pursuant to statutes and the Constitution of the State of �
California, including without limitation Article 11 thereof,
authorizing the City to regulate the use of land, approve open . _
space and conservation easements, create assessment districts,
enact conservation and open space elements for general-�lans, °
preserve natural resources including plants and wildlife, and
exercise general planning and zoning powers, and enter into
contracts and take other actions to . conserve wildlife and plant
resources and reconcile such concerns with economic development.
See e .g. California Government Code §§ 50060 .5, 51205, 51070,
50575, 65302, 65560, 65864 .
2 ..2 STSFWS
USFWS is the agency of the Department of the Interior of the ...
United States of America authorized and empowered by Congress to
enforce the terms of the Endangered Species Act, 16 U.S.C. §� 1531
g� sea. (ESA) and to issue permits to allow the incidental take of ' - �
endangered and threatened species pursuant to the terms of Section
10 of the ESA. The Service is authorized to enter into this
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Agreement pursuant to the ESA, Fish and Wildlife Coordination Act,
16 U.S .C. § 661 �t sea. , and the Fish and Wildlife Act of 1956, 16
U.S .C. § 742f.
In connection with the enactment of Section 10 (a) of the ESA,
the United States Congress expressed its intent that USFWS
cooperate in�the development of conservation plans that protect
both listed and unlisted species over the long term while providing
assurances regarding the limits of any mitigation required, stating
that :
[T] he Secretary [of the Interior] may utilize this
provision [concerning habitat conservation plans] to
approve conservation plans which provide long,term
commitments regarding the conservation of listed as well
as unlisted species and long-term assurances tn: the
proponent of the conservation plan that the terms of the
plan will be adhered to and that further mitigation
requirements will only be imposed in accordance with the
terms of the plan.
In the event that an unlisted species addressed in an
approved conservation plan is subsequently listed -•
pursuant to the Act, no further mitigation requirements
should be imposed if the conservation plan addressed the �
conservation of the species and its habitat as if the
species were listed pursuant to the Act. _
It is also recognized that circumstances and informatien -
may change over time and that the original plan might
need to be revised. To address this situation the
Committee expects that any plan approved for a long-term
permit will contain a procedure by which the parties will '
deal with unforeseen circumstances.
H.R. Rep. No. 97-835, 97th Cong. , 2d Sess . 30-31 (1982) (Conference -
Report on 1982 Amendments to the ESA) . The USFWS routinely
approves habitat conservation plans that address both listed and
unlisted species. _. .
2 .3 �pFz
The California Department of Fish and Game is a subdivision
of the California Resources Agency authorized and empowered by the
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State of California to enforce the terms of the California
Endangered Species Act, California Fish and Game Code �� 2050 -
2098, and to issue management authorizations to allow the take of
endangered and threatened species pursuant to the tex�ns of Section
2081 and Section 2835 of the California Fish and Game Code.
2 .4 PERMIT P:REA —
The Poway Subarea Habitat Conservation Plan (PSHCP) covers all
land within the jurisdictional boundaries of the City of Poway
(Permit Area) . The Plan also discusses the land area and
associated habitat within the Poway Sphere of Influence {SOI) and
the Poway General Plan Planning Area (GPPA) , which are adjacent to
the City and under the planning jurisdiction of the County of San
Diego. The SOI and GPPA areas are shown on Pocket Maps -:1 through
3 attached to the PSHCP. As portions of the SOI and GPPA area are
included within the jurisdictional boundaries of the City through
future annexations, the City intends to incorporate those areas
into the PSHCP through amendment of the PSHCP.
The City shall work with the City of San Diego and the County
of San Diego to cooperatively plan for the conservation of -�
biological resources in those areas within the respective
jurisdictions that surround the City of Poway to ensure the '
realization of viable MSCP and MHCP subregional preserve systems.
2 .5 POWAY SUBAREA HABITAT CONSERVATION PLAN
� The Poway Subarea Habitat Conservation Plan/Natural Community
Conservation Plan (PSHCP) describes a cooperative federal, state
and local program of conservation for a number of "Covered Speciea"
of plants and animals, within the jurisdictional limita of the
City of Poway, in the County of San Diego, California. The PSHCP
has been prepared as a "multiple habitat and species" plan pursuant
to federal and state law to meet local and regional biological -
resource conservation objectives . The PSHCP ia a comprehensive,
long-term habitat conservation plan for the Covered Species which
addresses multiple species needs and the preservation of natural _ .
communities. The PSHCP addresses the potential impacts of
development, natural habitat loss and species endangerment and
creates a plan to mitigate for the loss of Covered Species and
their habitats due to the direct and indirect impacts of future
development of both private and public lands within the PSHCP area.
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A goal of the PSHCP. is to conserve biodiversity in the PSHCP area
and to achieve certainty in the land development process for both
private and public sector development projects anticipated under
the Poway General Plan and Paguay Redevelopment Plan. The terms
• and requirements of the Plan shall be applicable to all public
projects and to all private projects where the private property
owner seeks -to rel� on the permits granted to the City in
conjunction with the Plan and its associated documents.
2 . 6 SPECIES COVERED LJNDER THE PSHCP
The Covered Species are those species that use, occupy or are
associated with the Permit Area and are: 1) listed as threatened
or endangered under ESA or CESA; 2) proposed or candidates for
such listing; 3) of special concern in California; 4) rare or
declining regionally; or 5) of local concern. Certain Covered
Species, for example, the coastal California Gnatcatcher, are
currently listed under the ESA and it is anticipated that one or
more of the other Covered Species may become listed in the future
under ESA and/or CESA. A list of the Covered Species is attached
as Exhibit B to this Agreement .
2 .7 RELATIONSHIP OF PSHCP TO THE NCCP PROGRAM P,ND THE SECTION 4 (D)
SPECIAL RULE �
The State of California enacted the NCCP Act effective January , _
1, 1992, for the conservation of natural communities. Pursuant to
the NCCP Act, the State promulgated the NCCP Program, whi�eh is a -
pilot project under the NCCP Act that provides for the preparation
of the NCCPs for coastal sage scrub habitat and the epecies that
inhabit and use coastal sage scrub habitat, including the
gnatcatcher. The California Resources Agency, CDFG, and USFWS ha�ie
entered into the "MOU REGARDING COASTAL SAGE SCRUB NATURAL
COMMUNITY CONSERVATION PLANNING IN SOUTHERN CALIFORNIA, " executed
December 4 , 1991, providing for a policy of coordination and -
cooperation between FWS and CDFG i.n the development of plans for
the conservation of coastal sage scrub natural communities .
FWS has adopted the Section 4 (d) Special Rule, which defines
those conditions under which incidental take of the gnatcatcher
under „the ESA, that is not otherwise excepted under Section 7 or ' "- '
permitted under Section 10 (a) , will not be considered a violation
of the ESA. Those conditions are: 1) if the incidental take
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results from activities conducted in accordance with an NCCP for
the protection of CSS habitat prepared consistent with the State of
California' s NCCP Conservation and Process Guidelines, provided
that (a) the NCCP has been prepared, approved and implemented
pursuant to the NCCP Act ; and (b) the FWS has issued written
concurrence that such plan meets the standards set forth in 50
C.F.R. � 17 .32 (b) (Zr; or 2) during the period that an NCCP is
being developed, the incidental take occurs within an area under
the jurisdiction of a local government that is enrolled and
actively engaged in the preparation of such a plan and such take
results from activities conducted in accordance with the NCCP
Conservation and Process Guidelines. Section 2835 provides that
CDFG may permit the taking, as provided elsewhere in the California
Fish and Game Code, of any identified species whose "conservation"
and "management" is provided for in a CDFG approved NCCP.
The PSHCP has been prepared as a aubarea plan under the
Multiple Species Conservation Program (MSCP) in Southwestern San
Diego County and the Multiple Habitat Conservation Program (MHCP)
planning effort in Northwestern San Diego County. The MSCP and
MHCP are recognized under the State of California' s Natural
Community Conservation Planning Act of 1991 (NCCP Act) as on-going -•
multiple species planning programs. While the PSHCP independently
meets the requirements of ESA and CESA, the City has actively �
participated in the development of the MSCP and MHCP, to ensure
that the PSHCP is consistent with and will be a completed component _
of those NCCP subregional plans . Upon acceptance of the MSCP
and/or MHCP by the California Department of Fiah and Game -and the -
United States Fish and Wildlife Service, reapectively, as viable
multiple species and habitat conservation plans, the Poway HCP
shall also be considered an approved NCCP Plan under the NCCP Act
and the Section 4 (d) Special Rule for the gnatcatcher promulgated
by the USFWS .
As additional subarea plans developed to implement the MSCP -
are approved by the CDFG and USFWS, the Covared Species for which
incidental take is authorized under the Section 10 (a) Permit and
management take is authorized under the Management Authorization _. .
issued to �he City will be incrementally expanded beyond the
Covered Species identified on Exhibit B to include those additional
species adequately covered under the MSCP subregional plan through � � �
the approved subarea NCCP Plans (Additional Covered Species) . Upon
USFWS and CDFG approval of a particular MSCP subarea plan, those
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Additional Covered Species identified on Exhibit C that the Service
and CDFG determine 'are adequately covered under the MSCP through
the subarea plan will be concurrently deemed included within the
take authorization issued to the City. While the 10 (a) Permit and
Management Authorization issued to the City shall identify each
Additional Covered Species, the 10 (a) Permit and Management
Authorization�hall specifically condition authorization to take
each such Additional Covered Species on approval of the particular
MSCP subarea plan(s) that ensures adequate coverage for the
species. The Service and CDFG shall provide written notice to the
City of the approval of each MSCP subarea plan and those Additional
Covered Species the incidental take of which is authorized under
the City' s lo (a) Permit and Management Authorization. As to each
Additional Covered Species, the take authorization shall be
effective upon the listing of each such species. _
2 .8 RELATIONSHIP OF PSHCP TO SCRIPPS POWAY PARRWAY EXTENSION
PROJECT
The PSHCP has been prepared to satisfy the regional biological
resource impact mitigation measures required for the approved
Scripps Poway Parkway Extension Project, as identified in the Final -•
Environmental Impact Report (SCH # 93091118) prepared by the City
for the Project . �
2 .9 $UMMARY OF THE POWAY SUBAREA HABITAT CONSERVATION PLAN
In consideration of the issuance of the Section 10 (�a}�ermit —
and Management Authorization it is the intention of the PSHCP and
this Agreement to obligate the City to provide interim protection
of and, ultimately, permanent conservation of approximately 10, 800
acres of habitat within the jurisdictional boundaries of the Cit}%,
as more particularly described in Sections 5, 6, and 7 of the
PSHCP. When the PSHCP is fully implemented, these �ands shall be �
permanently set aside and maintained for the conservation, -
preservation, restoration and enhancement of the Covered Species
and their habitats. The PSHCP provides for the establishment of a
Mitigation Area which includes most of the remaining habitat for _. .
the Covered Species within the jurisdictional limits of the City,
including 5800 ac�es of coastal sage scrub (82� of the total
coastal sage scrub habitat within the City) . Within the Mitigation ' - '
Area, which totals 13 , 300 acres, approximately 91� (10, 800 acres)
of natural habitat will be permanently conserved under the PSHCP.
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Approximately 4620 acres of land within the Mitigation Area are
currently dedicated as permanent open space . The City will
permanently conserve approximately 6180 additional acres of habitat
lands through future dedications, local land use controls on
development, and acquisition.
3 .0 PURPOSES— '—
The purposes of this Agreement are :
A. To permit incidental/management take of the coastal
California gnatcatcher in connection with the construction of the
City' s approved Scripps Poway Parkway Extension Project;.
B . To assure implementation of each of the ternts of the
PSHCP;
C. To contractually bind each of the Parties to fulfill and
faithfully perform the obligations, responsibilities and tasks
assigned to it pursuant to the terms of the PSHCP;
D. To provide remedies and recourse should any party fail to -
perform its obligations, responsibilities and tasks as set forth in
this Agreement; �
E. To provide assurances to the City that as long as the _
terms of the PSHCP and Section 10 (a) Permit/Management
Authorization applicable to the City are fully and fai�hfully -
performed, no additional land restrictions or financial
compensation pursuant to the ESA and CESA will be required of the
City or any Third Party Beneficiary within the jurisdiction and
control of the City in the event of unforeseen or extraordinary
circumstances; and
F. To implemeht a program to conserve, protect, restore and -
enhance the Covered Species and their habitats .
4.0 LEGAL REOUIREMENTS
In order to fulfill the requirements for issuance of the
Section 10 (a) Permit and Management Authorization, the PSHCP sets � �
forth measures that are intended to assure that any take occurring
will be incidental, that the impacts of the take will, to the
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maximum extent practicable be minimized and mitigated, that
adequate funding for the implementation of the PSHCP will be
provided, and that the take will not appreciably reduce the
likelihood of the survival and recovery of the Covered Species in
the wild.
The USFWS'finds"�7iat the PSHCP as implemented purauant to this
Agreement does provide such measures and that it does satisfy the
legal requirements necessary for the USFWS to issue a Section 10 (a?
Permit . Likewise, the CDFG finds that the PSHCP satisfies the
legal requirements necessary for it to issue a Management
Authorization.
5. 0 MUTUAL ASSURANCES
The primary purpose of this Agreement is to provide for the
long-term reconciliation of planned development within the City
with the conservation and protection of the Covered Species. Based
on and in consideration of this Agreement and the PSHCP, the
parties hereby agree and extend the following mutual assurances.
5 .1 IISFWS -•
The USFWS agrees that : �
A. Implementation of the PSHCP, and dedication of _
conservation easements on lands specified for mitigation, fulfilla
the regional biological resource impact mitigation identif�ed for -
the approved Scripps Poway Parkway Extension Project, and that
additional mitigation is not required for impacts to Covered
Species.
B. Compliance with the terms of this Agreement and the PSHCP
constitutes compliance with the provisions of the ESA. Upon
acceptance of a viable MSCP preserve design by USFWS and CDFG, the '
PSHCP shall be recognized as an NCCP Plan under the Section 4 (d)
Special Rule .
C. Implementation of this Agreement and the PSHCP will
provide for the conservation and protection of the Covered Species
and their habitat within the Permit Area, as if each of the Covered " " �
species were listed under ESA.
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D. If USFWS determines in accordance with Section 9 . 1 below
that extraordinary circumstances warrant a finding of unforeseen
circumstances and the need for additional mitigation, the USFWS
shall limit the obligation of the City for any additional
mitigation to the terms of the PSHCP and this Agreement to the
maximum extent possible and shall confine any such additional
mitigation Ca modi�'`ications within the habitat areas to be
conserved under the PSHCP and to the PSHCP' s operating conservation
program. The USFWS shall assure that any mitigation requirements
imposed as a result of a finding of unforeseen circumstances do not
involve additional land restrictions or the financial compensation,
without the consent of the City.
5.2 CDFG
A. CDFG agrees that implementation of the PSHCP, and
dedication of conservation easements on lands specified for
mitigation, fulfills the regional biological resource impact
mitigation identified for the approved Scripps Poway Parkway
Extension Project, and that additional mitigation is not required
for impacts to Covered Species .
B. Compliance with the terms of this Agreement and the PSHCP
constitutes compliance with the provisions of the CESA, the Natural �
Community Conservation Planning (NCCP) Act, and the California
Native Plant Protection Act (California Fish and Game Code § 1900, _
et sea. ) .
C. Implementation of this Agreement and the PSHCP will
adequately provide for the conservation and protection of the
Covered Species and their habitat within the Permit Area.
D. Except as otherwise required by law and barring
unforeseen circumstances, no further mitigation, enhancement or
compensation will be required by CDFG pursuant to the CESA, the -
California Native Plant Protection Act, CEQA (California
Environmental Quality Act) , and NCCP Act with respect to planned
development within the Permit Area to provide for the conservation _._
or protection of the Covered Species or their habitats .
E.. CDFG shall consider adherence to the terms of this ' - �
Agreement, the Plan, and the Management Authorization to be
compliance with the provisions of the CESA, the NCCP Act, and CEQA.
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F. CDFG acknowledges that the City and Third Party
Beneficiaries may also be subject to permit requirements of
agencies not parties to this Rgreement . Except as otherwise
required by law and barring unforeseen circumstances, the CDFG
agrees that participation in _the PSHCP as provided in this
Agreement sh3�i cons�tute the full extent of mitigation required
for the take of Covered Species related to the otherwise covered
and lawful activities of the City and Third Party Beneficiaries
within the Permit Area. Except as provided in this Section, the
CDFG agrees that it will not seek to impose additional mitigation
requirements directed specifically at the protection and
conservation of the Covered Species or their habitat on the City or
Third Party Beneficiaries within the Permit Area through any other
agency approval process whether or not such agency is a party to
this Agreement .
The intent of the foregoing provision is to preclude
recommendations and requirements for additional mitigation measures
directed at Covered Species. The provision does not preclude
recommendations or requirements directed at species not addressed
in the Agreement . -'
5.3 CITY '
A. The City agrees to establish and maintain land use and _
planned development project permitting procedures and regulatory
programs necessary to implement the PSACP and this Agreem�nt, as -
described in Section 6 . 1 of this Agreement .
B. The City agrees to establish and maintain sources of
funding sufficient to implement this Agreement and its equitable
portion of the PSHCP, as described in Section 7. 1 of this
Agreement .
6.0 OBLIGATIONS OF TFiE PARTIES
6.1. CIT� _..
Concurrent with adoption of the PSHCP, the City shall amend
the Poway General Plan, and the City' s Zoning and Grading � � �
Ordinances to effectively incorporate the provisions of the PSHCP,
including the special development requirements and mitigation
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measures identified in Section 7 of the Plan, and this Agreement
into all planning and development decisions made by the City. The
Poway Redevelopment Agency shall also adopt a resolution providing
that all Redevelopment Agency projects shall conform to the
requirements of the PSHCP and this Agreement, pursuant to the
Amended General Plan. Adoption of the General Plan Amendment and
Grading and ZS�ing or�icinance amendments shall commit the City to
carry out the resource protection actions identified in the PSHCP,
including the following:
A. F�rablishment of Mitigation Area
Through amendment of the Poway General Plan the City shall
establish the Mitigation Area: The Mitigation Area contains
approximately 13, 300 acres of land, including almost 12,.000 acres
of natural habitat . Draft approval documents are attached as
Exhibit A. Approximately 10, 800 acres or 91% of natural habitat,
will be permanently preserved and maintained within the Mitigation
Area.
Within the Mitigation Area, certain lands are identified in
Section 5 of the PSHCP as a Biological Core and Linkage Area -�
(BCLA) . In the BCLA a minimum of 80% of the habitat shall be
preserved under the PSHCP, with development clustered in areas
outside of the BCLA which are of lesser biological sensitivity to
the maximum extent possible. The PSHCP also identifies certain , _
lands within the Mitigation Area that are at risk of greater
impacts under existing zoning, as "Proposed Resource P�o�ection -
Areas" (PRPA) . These lands are targeted for acquisition under the
PSHCP. Lands within the Mitigation Area will be permanently
protected under the Plan as follows :
1 . Cornerstone Lands
As of the date hereof, approximately 3, 780 acres within the -
Mitigation Area are publicly owned and designated as open space.
These lands, which are discussed in detail in Section 5 .2 of the
PSHCP, are referred to as "cornerstone" lands and provide the core .. .
building blocks of the Mitigation Area. Ninety-five to 100� of the
cornerstone lands will be preserved under the PSHCP. All habitat
disturbance within the cornerstone lands shall be consistent with � � �
special development requirements and mitigation measures provided
in Section 7 of the PSHCP. Concurrent with issuance of the take
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authorization, the City shall execute a conservation easement in
favor of FWS and CDFG providing for the perpetual conservation of
City owned cornerstone lands for the protection of natural
biological resources, including the Covered Species, consistent
with the PSHCP. The conservation easement shall allow for uses
_ consistent with the Open Space - Resource Management land use and
zoning desigiT�tion w�i"ich shall be attached as an exhibit to the
conservation easement .
2 . Scrip,Bs Poway Parkway Extension Project Mitigation Lands
Concurrent with the adoption of the General Plan Amendment the
City will initiate the establishment of a permanent biological open
space easement over 650 acres of land acquired as habitat
mitigation in connection with the approved Scripps-Poway Parkway
Extension Project as discussed in detail in Section 5 .4 of the
PSHCP. Approximately 245 acres of the mitigation lands lie within
the Mitigation Area; the balance are located within the County of
San Diego. The conservation easement, in a form to be approved by
CDFG and USFWS, shall identify the CDFG and USFWS as co-
beneficiaries of the easement with authority to enforce each of its
provisions. -'
3 . Other Open Space Areas within the Mitigatioa Area '
Approximately 1, 600 acres of other publicly or privately owned , _
open space containing significant resource values are scattered
throughout the Mitigation Area. Through existing conse�vation -
easements and land use controls as supplemented by the amended
Zoning and Grading Ordinances to be adopted pursuant to the PSHCP,
the City shall ensure that a minimum of 80% of the natural habitats
in these areas shall be permanently preserved under the PSHCP. AT1
habitat disturbance within the PSHCP shall be consistent with the
special development requirements and mitigation measures provided
in Section 7 of the PSHCP. By executing this agreement the City -
commits that it shall not relinquish or modify any existing
dedications or conservation easements without the concurrence of
the �USFWS and CDFG in order to insure that these lands remain _. .
protected in perpetuity.
4.. Rural Residential Lots within Mitigation Area � �
Approximately 8, 800 acres within the Mitigation Area are
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designated Rural Residential and are potentially available for low
density residential development under the Poway General Plan. As
discussed in detail in Section 4 of the PSHCP, this designation
could potentially support up to 1100 dwelling units with a
resulting disturbance of approximately 1, 870 acres of land, if the
City is able to extend a potable water supply to these lands . _
Prior to appz`aving any project that would extend water hook-ups to
those areas within the Mitigation Area that are not currently
serviced by the City' s municipal water supply system, the City
shall confer with USFWS and CDFG to insure that extension of the
water supply is designed and constructed in a manner that minimizes
habitat disturbance, fragmentation and edge effects within the
Mitigation Area. Al1 land disturbance within the rural residential
zoning classification shall, to the maximum extent poasible, be
confined to areas of lower biological sensitivity consistent with
the preserve design, shall be subject to the special development
requirements and mitigation measures provided in Section 7 of the
PSHCP, and shall insure the permanent conservation of approximately
6, 930 acres of land. �
5 . Proposed Resource Protection Areas
All habitat disturbance within a PRPA shall be subject to the
special development requirements and mitigation measures provided '
in Section 7 of the PSHCP. As funding becomes available under the
PSHCP, the City shall acquire through fee title or conservation _
easement, those biologically wlnerable areas identified as
Proposed Resource Protection Areas on Preserve Design Pocke� Map 3 -
attached to the PSHCP in accordance with the acquiaition priorities
established in Sections 5 and 7 of the PSHCP. Concurrent with the
acquisition of any PRPA in fee, the City shall execute a
conservation easement in favor of USFWS and CDFG, in a form
approved by the agencies. If the City elects to acquire a
conservation easement instead of fee title to particular PRPA
lands, the conservation easement shall identify CDFG and USFWS as -
co-beneficiaries of the easement .
6 . Balance of Lands Inside MitiQation Area and Landa Outside _..
of Mitigation Area
Any habitat disturbance authorized or carried out by the City ` �
on lands other than those described in Section 7.1.A of this
Agreement, paragraphs 1 through 5, shall be subject to the special
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development requirements and mitigation measures provided in
Section 7 of the PSHCP.
B. Mitigation throuah Coamensation, Restoration,
and Revegetation
The City-shall 3`€quire that impacts to vegetation communities
and wildlife habitats in the City of Poway, both inside and outside
of the Mitigation Area, are mitigated through compensation,
restoration or revegetation, or a combination thereof inside the
Mitigation Area in accordance with Section 6 of the PSHCP.
Compensating mitigation shall consist o£ the purchase or dedication
of, or execution of a conservation easement over lands within the
Mitigation Area as biological open space or payment of an in lieu
fee to a mitigation bank administered by the City as provided in
Section 7 . 1 .A. 5 of this Agreement . All such dedications or fee
title acquisitions shall be accompanied by conservation easements
in favor of CDFG and USFWS and provide for the conservation in
perpetuity of the compensation lands . All conservation easements
obtained by the City shall identify CDFG and USFWS as co-
beneficiaries and provide for the protection in perpetuity of the
compensation lands . Compensation mitigation shall be in accordance -•
with the compensation mitigation ratioa established in Section
6 .4 .3 of the PSHCP, which shall be implemented through amendment of �
the General Plan and Zoning and Grading Ordinances as appropriate.
The purchase of mitigation lands within the Mitigation Area shall _
first be directed to the PRPAs, to the maximum extent feasible, in
accordance with the priorities established in Section 5�. 5--of the -
PSHCP.
In conjunction with the consideration of planned public and
private development on a "project-by-project basis" , and approval
of project-specific compensation mitigation and related mitigation
ratios, the City will make and adopt written findings that :
1 . The mitigation is consistent with and furthers the
implementing objectives of the PSHCP;
2 . , The mitigation habitat is appropriately located in the
Mitigation Area to enhance the long-term viability and function of
the pr,eserve system; ' ' '
3 . The mitigation will be to the long-term benefit of the
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Covered Species and their habitats;
4 . The mitigation will foster the incremental implementation
of the HCP in an effective and efficient manner; and,
5 . The mitigation will not result in a negative fiscal
impact with x-e'gard tathe successful implementation of the PSHCP.
Mitigation requirements may include compensation with "in
kind" vegetation communities or "out of kind" vegetation
communities, consistent with Section 6 .4 of the PSHCP, except for
impacts to wetlands regulated under Section 404 of the Clean Water
Act, 33 U.S. C. § 1344 and impacts to other species and habitats
that may in the future be regulated in a like manner by the state
or federal governments .
On an annual basis, the City will redesignate the land use and
zoning for all onsite and offsite mitigation compensation habitat
lands included within a conservation easement or acquired in fee or
by dedication to the Open Space - Resource Management (OS-RM)
designation.
C. Management Plana
1 . Cornerstone Lands
The City shall implement the management actions identified in `
Section 6 of PSHCP for the cornerstone lands and other p�tblicly -
owned open space lands within the Mitigation Area. Such actions
include fire management, habitat restoration and revegetation,
erosion control, recreation and public access, and fencing, signing
and lighting guidelines . '
2 . Other Lands Within and Outaide of Mi�}gation 1�*�ea
As to each separate category of land within the City of Poway
identified in Section 6 of the PSHCP, the City shall implement, to
the m�imum extent practicable, those management actions identified _ .
in Sections 6 and 7 that' are applicable to that category of land.
IL. Agreements with Other Jurisdictions and Entitiea � -
In order to assist in full implementation of the PSHCP, the
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City will pursue offsite mitigation agreements with other
jurisdictions and entities who desire to purchase suitable offsite
mitigation lands to mitigate for the impacts of their public or
private projects . Such agreements, shall be subject to the
approval of the USFWS and CDFG, who may also require separate
compliance with the regulatory provisions of the ESA and_ CESA as a
condition pre�edent t�the issuance of a take authorization for the
particular project .
E. Interim and Permanent Protection of Mitigation Area
The City shall implement the PSHCP incrementally through its
General Plan, Redevelopment Plan, and Zoning and Grading Ordinances
until permanent protection of the Mitigation Area lands is secured
though acquisition or other equivalent means. Once the City has
amended its General Plan, Redevelopment Plan, and Zoning and
Grading Ordinances to fulfil the requirements of the PSHCP, the
City shall confer with USFWS and CDFG before amending either of the
Plans or Ordinances in a manner that would impede the
implementation of the PSHCP. Amendment of the Plans or Ordinances
in a manner that, in the judgement of USFWS or CDFG, would impede
implementation of the PSHCP may provide a basis for suspension -
and/or termination of the 10 (a) Permit and Management
Authorization. Notwithstanding the term of this Agreement or the �
Section 10 (a) Permit or Management Authorization, the City shall be
obligated to fully implement the PSHCP by securing the protection . _
in perpetuity of the Mitigation Area habitat lands.
6 .2 USFWS .
USFWS will use its best efforts to assist the City of Poway in
implementing the provisions of the PSHCP. Responsibilities of tHe
USFWS shall include providing timely advice and guidance on future
planned development within the Mitigation Area and those proposed
amendments to the General Plan, Redevelopment Plan or Ordinances -
subject to Section 6 . 1.E, above, to avoid and/or minimize impacts
to habitat; working with the City to enable other jurisdictions and
entities to carry out mitigation requirements within the Mitigation _ .
Area, as appropriate; reviewing and providing timely comments on
all reports required to be submitted to USFWS under the Plan; and
monitaring the implementation of the Plan. ' ' '
6.3 CDFG
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CDFG will use its best efforts to assist the City of Poway in
implementing the provisions of the PSHCP. Responsibilities of the
CDFG shall include providing timely advice and guidance on future
planned development within the Mitigation Area and those proposed
amendments to the General Plan, Redevelopment Plan or Ordinances
_ _ sub�ect_ to Section 6 .1.E, above, to avoid and/or minimize impacts
to habitat; working �it.h the City to enable .other jurisdictions and
entities to carry out mitigation requirements within the Mitigation
Area, as appropriate; reviewing and providing timely comments on
all reports required to be submitted to CDFG under the Plan; and
monitoring implementation of the Plan.
7 .0 FIINDING
7 .1 CITY
It is anticipated that most of the PSHCP will be implemented
through mitigation and/or habitat protection requirements imposed
on planned development as described in Sections 6 and 7 of the
PSHCP and will not require significant additional direct funding.
Implementation of the Plan will be carried out through the
following means : --
A. Mitigation compensation and application of mitigation •
ratios approved by the City for planned public and private
development projects; _
B. Offsite mitigation agreements entered into wit-lr other -
jurisdictions, as determined appropriate by USFWS and CDFG;
C. Contribution of federal and state lands and funds, to the
extent such lands and funds are available to assist 3n
implementation of the PSHCP
D. Compensation mitigation within the Mitigation Area -
contributed by planned development projects located in the
jurisdiction of the City and sponsored by local special districts,
public agencies, and regional public utility and facility _. .
providers;
E. Establishment of a Mitigation Area Acquisition Fund ' - �
Account by the City to receive all "in-lieu" mitigation
compensation fees contributed by planned development projects.
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Approximately ten percent of the fund balance shall be used each
year to carry out the management actions, future studies and
biological monitoring measures provided for in the Agreement and
the Plan. The remaining account monies shall be used to acquire
important habitat within the Mitigation Area, with acquisition
priorities focused within the Potential Resource Protection Areas
(PRPA) of the"'ZNitiga-fion Area;
F. Contribution of habitat lands within the Mitigation Area
by public and private owners by donatiori;
G. Utilization, as appropriate, of remaining habitats within
development parcels that are not included within a conservation
easement, as "banked" mitigation land by the private owners of the
parcels; -
H. Application by the City for Federal and/or State grants
or funds;
I . Use of appropriate non-financial methods of land
acquisition established on a regional level, as identified in
Section 3 . 3 . 6, Acquisition and Financing, of the Public Review -•
Draft MSCP Plan;
J. As a participating local jurisdiction in the City of San
Diego' s subregional MSCP/NCCP planning program, the City will _
participate in a subregional cooperative effort to identify
potential funding sources for the acquisition of habitat wit-�in the -
MSCP/NCCP Plan Multi-Habitat Preserve Area (MHPA) . An equitable
portion of such funds shall be made available to the City to assist
in implementing the PSHCP; and
K. The offering of grants, as appropriate and financially
feasible, to interested universities, in conjunction with
undergraduate and graduate degree programs, to carry out the -
recommended future studies discussed in Section 6 . 5 of the PSHCP,
including specific research programs and periodic surveys. City
grants would be established to foster the implementation of the _ .
recommended studies, and through the university administration
would be tailored to the completion of thesis projects or other
requir.ed programs related to ecology, biology, botany, geography, ' - '
environmental management, and other programs that focus on the
terrestrial sciences .
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7 .2 USFWS
The USFWS shall include in its annual budget requests
sufficient funds to fulfill its obligations under the PSHCP and
this Agreement .
7 .3 � — —
The CDFG shall include in its annual budget requests
sufficient funds to fulfill its obligations under the PSHCP, this
Agreement, and all Management Authorizations it issues pursuant to
the PSHCP, and its statutory requirements to protect the Covered
Species. .
8. 0 MONITORING AND REPORTING _.
8.1 Imglementation Monitorinv
During the term of this Agreement, the City will continuously
monitor and maintain a written record (by habitat type) of the
amount of habitat lands within its jurisdictional boundaries a)
preserved within the Mitigation Area and b) disturbed by planned -•
development both within and outside of the Mitigation Area.
8 .2 Annual Monitoring
The City will prepare and submit to the USFWS and the CDFG by ,
June 1 of each year, a single annual report which 1) deseri�es (by -
habitat type) the amount of habitat lands within the Permit Area
(a) preserved within the Mitigation Area by the City and (b)
disturbed by planned development both within and outside of the
Mitigation Area; and 2) maps the footprint of all development
impacts and all easements, dedications or other acquisitions within
the Mitigation Area.
8.3 Bioloaical Monitoring
The Parties agree that biological monitoring, using species _..
surveys and other data collection methods, is necessary to assess
the success of the HCP in conserving Covered Species. The Parties
furth�r agree that to the extent funds are available for this ' " '
purpose, USFWS and CDFG should contribute to the City� s biological
monitoring effort. The specific biological monitoring obligations
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of the Parties are as follows :
A. 9bligations of the USFWS
USFWS shall participate in the City' s monitoring effort in
accordance with either of the NCCP subregional plan(s) of which the
PSHCP is a co"liTponent subarea plan.
B. Obligations of the CDFG
CDFG shall participate in the City' s monitoring effort in
accordance with either of the NCCP subregional plan{s) of which the
PSHCP is a component subarea plan.
C. Obligations of the Citv
The City will conduct biological monitoring on an ongoing
basis and provide a written report of the results of the monitoring
to the USFWS and CDFG in consistent with the reporting requirements
developed either of the NCCP subregional plans of which PSHCP is a
component subarea plan. Biological monitoring will be accomplished
through the following methods. -• '
1 . The potential biological resource impacts of planned
public or private development projects will be addressed in the
required environmental assessment documentation, which will include _
a biological resource survey technical report prepared by a
qualified biologist . The report will be prepared in acc@�dance -
with monitoring guidelines set forth in the PSHCP. It will
identify existing onsite and adjacent offsite biological
conditions, unavoidable onsite and offsite impacte of the project
to sensitive plant and animal resources (including the Covered
Species and supporting habitats) , recommended mitigation measures,
and mitigation monitoring and reporting requirements.
City consideration and approval of such projects will include
a final Mitigation Monitoring and Reporting Program {�Rp) . The
approved MMRP document will be provided by the City to USFWS and _. .
CDFG. Such documents will be maintained as a database by the City.
2.. On a fiscal year basis, the City will hire a qualified � - �
biologist to conduct periodic and annual surveys, in accordance
with Section 6 . 5 of the PSHCP. Potential grants offered by the
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City to interested universities may involve biological monitoring
programs designed to address and implement the Agreement and the
HCP. .
8.4 Annual Meetina
By Augus�lst of—each year, the City will meet with the USFWS
and the CDFG to review the Annual Report described in Section 8 .2
above, for the purposes of evaluating the implementation of the
PSHCP during the preceding year and the overall progress being made
towards reaching the conservation goals of the PSACP. Items to be
considered in the evaluation include, but are not limited to, all
contributions towards the preservation of habitat lands,, such as
public lands, private mitigation lands, land donations, and
acquisitions . If, as a result of the Annual Report submitted in
accordance with Section 8 .2 or the biological monitoring report
submitted in accordance with Section 8 .3 , the USFWS or CDFG
determines that overall progress is not sufficient, the USFWS, the
CDFG, and the City work cooperatively and take whatever coordinated
actions are necessary to assure that satisfactory overall progress
is achieved. These actions could include additional management
activities and/or redirection of mitigation and acquisition -•
activities to specific locations within the Mitigation Area.
9 .0 UNFORESEEN CIRCUMSTANCES/EXTRAORDINARY CIRCIIMSTANCES
9 .1 USFWS
As summarized in Section 2 .(2 above, in connection with the .
enactment of Section 10 (a? of the ESA, the United States Congress
expressed its intent that USFWS cooperate in the development of
conservation plans that protect both listed and unlisted speci�s
over the long term while providing assurances regarding the limits
of any mitigation required. The August il, 1994, "Assurances
Policy" , released by the Secretaries of the Interior and Commerce, -
attached hereto as Exhibit D, is a further expression of the intent
of the USFWS to implement the intent of Congress regarding both
listed and unlisted species . _..
Under the Assurances Policy, if an HCP protects identified unlisted
species as if they were listed, the USFWS will not seek additional ' ' '
mitigation that requires the expenditure of money or land
restrictions from the plan proponents. The Assurances Policy also
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assures plan proponents that if an approved Habitat Conservation
Plan is implemented as proposed, the USFWS will not seek additional
land or financial compensation if '�unforeseen" or "extraordinary"
circumstances should later arise with respect to either listed or
unlisted species .
As a corrd-ition�3Yecedent to making a finding of Unforeseen
Circumstances, USFWS shall comply with the following procedure.
A. Except where jeopardy to a Covered Species is imminent,
at least sixty (60) days prior to making a finding, USFWS shall
provide written notice to the CDFG and the City of its intention to
make an unforeseen circumstances finding, together with a .statement
of the facts underlying the proposed finding.
B. Except where jeopardy to a Covered Species is imminent,
USFWS shall meet with the City at least thirty (30) days prior to
making a finding of Unforeseen Circumstances, to discuss the
proposed finding and to provide the City with an opportunity to
submit information to rebut the proposed finding.
C. The USFWS shall have the burden of demonstrating that �•
extraordinary circumstances warranting a finding of Unforeseen
Circumstances exist using the best scientific and commercial data �
available. Any USFWS finding regarding unforeseen circumstances
must be clearly documented and based upon reliable technical _
information regarding the status and habitat requirements of the
affected species . - — -
USFWS retains the right, as authorized under Section 5 of the
ESA, 16 U.S.C. § 1534, to acquire endangered or threatened species
habitat by purchase when additional conaervation measures are
necessary for a listed species included as a Covered Species under
the PSHCP.
D. As detailed in Section S . 1.D. any additional mitigation
requirements recommended by USFWS to redress the finding of
Unforeseen Circumstances shall not involve the payment of _ .
additional financial compensation or land restrictions without the
consent of the City.
9.2 CDFG
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As a condition precedent to making a finding of Unforeseen
Circumstances, CDFG shall comply with the following procedure .
A. Except where jeopardy to a Covered Species is imminent,
at least sixty f60) days prior to making a finding, CDFG shall
provide written notice to USFWS and the City of its intention to
make an Unforeseen CtY�umstances finding, together with a statement
of the facts underlying the proposed finding.
B. Except where jeopardy to a Covered Species is imminent,
CDFG shall meet with the City at .least thirty (30) days prior to
making a finding of Unforeseen Circumstances, to discuss the
proposed finding and to provide the City with an oppor.tunity to
submit information to rebut the proposed finding.
C. The CDFG shall have the burden of demonstrating that
Unforeseen Circumstances exist using the best scientific and
commercial data available. Any CDFG finding regarding Unforeseen
Circumstances must be clearly documented and based upon reliable
technical information regarding the status and habitat requirements
of the affected species.
D. Any additional mitigation requirements recommended by
CDFG to redress the finding of Unforeseen Circumstances shall not �
involve the payment af additional financial compensation or land
restrictions without the consent of the City. _
14. ISSUANCE OF TARE AUTHORIZATIONS - -
10 .1 Findings - USFWS
The USFWS has found, following opportunity for public commen�,
that (a) the taking of Covered Species requested by the City in the
PSHCP in its application for a Section 10 (a) Permit will be
incidental to the carrying -out of otherwise lawful activitiea; 1b) -
the PSHCP and this Agreement will, to the maximum extent
practicable, minimize and mitigate the impacta of such incidental
taking; (c) the funding sources identified and provided for herein .._
will ensure that adequate funding for the PSHCP will be provided;
(d) the requested taking of Covered Species will not appreciably
reduce the likelihood of the survival and recovery of the Covered ` - '
Species in the wild; (e) the PSHCP and this Agreement satiafy and
fulfill all measures required by the USFWS as being necessary or
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appropriate for the purposes of the PSHCP (including any measures
determined by the Parties to be necessary to deal with Unforeseen
Circumstances) .
A. Issuance of Section 10 (a) Permit
As a resu�t of t�re findings specified in this Section 10.1, on
the Effective Date the USFWS has issued a Section 10 (a) Permit to
the City authorizing the Incidental Take of Covered Species, that
are listed or that may be listed in the future under ESA, which
Permit requires compliance with the PSHCP and this Agreement as
conditions thereof . As to each Covered Species that is not
currently listed under ESA, the Section 10 (a) Permit shall become
effective as to such Covered Species upon its listing under the
ESA.
B. Additional Covered Svecies
The Section 10 (a) Permit also authorizes the incidental take
of the Additional Covered Species identified on attached Exhibit C
but, as to each such Additional Covered Speciea, conditions the
authorization to take on the issuance of a take authorization by -•
USFWS in connection with approval of one or more MSCP subarea
plans, provided that at the time of such approval, USFWS determines
that the Additional Covered Species is adequately covered under the
MSCP subarea plan (s) . The Section 10 (a) Permit shall become
effective as to each Additional Covered Species on the latter of 1)
the effective date of the take authorization (s) i:ssued in -
connection with approval of the subarea plan(s) applicable to such
Additional Covered Species or 2) the listing of such Additional
covered Species under the ESA. USFWS shall provide written notice
to the City of the approval of each MSCP subarea plan and those
Additional Covered Species the i�cidental take of which is
authorized under the City' s 10 (a) Permit.
C. Further Permits with Resvect to IInlisted Covered or
Additional Covered Soeciea
Notwithstanding Section 10 .1.A and B, in the event that it ia
judicially determined that IISFWS was not authorized to issue a
Sectitui 10 (a) Permit for unlisted Covered Species and Additional ' " '
Covered Species, USFWS shall expeditiously issue a Section 10 (a)
Permit for the Covered Species, and subject to the fulfillment of
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the precondition specified in Section 10 . 1 .B, for one or more
Additional Covered Species, in accordance with this Section 10 .1.C.
On application by the City for further Section 10 (a) Permits,
subject to compliance with the ESA and applicable statutes and
regulations, after public review and subject to Unforeseen
Circumstances,—USFWS shall issue further Section 10 (a) Permits for
the remaining term of this Agreement allowing the incidental take
of one or more Covered Species and Additional Covered Species by
the City in accordance with the PSHCP and this Agreement and shall
not require further financial compensation or land restrictions
under the ESA or any other statute directed at the conservation of
such Covered Species or Additional Covered Species, without the
consent of the City.
To the extent appropriate, in any Section 7 consultation with
regard to the issuance of the Section 10 (a) Permits for the Covered
Species or Additional Covered Species, the USFWS shall adopt the
biological opinions issued in connection with the PSHCP and NCCP
MSCP subarea plans applicable to such species as the biological
opinion issued pursuant to Section 7 (b) of the ESA, 16 U.S.C. §
1636 (b) . " '
10.2 Findings - CDFG '
The CDFG has found, following opportunity for public comment, _
that the HCP and this Agreement satisfy all legal requirements
necessary for the CDFG to issue a Management Authorizat-�on for -
Covered Species that are listed under CESA.
A. Tssuance of Manaaement Authorization for Liated Species
As a result of the findings specified in this Section 10 . 2,
concurre+_�t with the Effective Date the CDFG has issued a Management
Authorization which authorizes the Management Take of Covered -
Species currently listed under CESA for the Tenn and subject to and
in accordance with the provisions of this Agreement .
B. Issuance of Manavement Authorization for IInliated
Covered Sgecies
As a result of the findings specified in this Section 10 .2,
concurrent with the Effective Date the CDFG has issued a Management
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Authorization which authorizes the management take of the Covered
Species not currently listed under CESA for the Term and subject to
and in accordance with the provisions of this Agreement . In the
event that one or more of the Covered Species that is not listed as
threatened, endangered or as a candidate species under CESA as of
the Effective Date is subsequently listed as threatened, endangered
or as a candi-date species (or there is a change in the listing
status of a Covered Species that is currently listed as threatened,
endangered or as a candidate species) , the Management Authorization
authorizes the management take under the CESA for the Term and
subject to and in accordance with the provisions of this �lgreement.
C. Additional Covered Species .
The Management Authorization also authorizes the management
take of the Additional Covered Species identified on attached
Exhibit C, but for each Additional Covered Species, conditions the
take on the issuance of Management Authorizations by CDFG in
connection with approval of one or more MSCP subarea plans,
provided that at the time of such approval, CDFG determines that
the Additional Covered Species is adequately covered under the MSCP
subarea plan (s) . The Management Authorization shall become -�
effective as to each Additional Covered Species on the latter of . l)
the effective date of the Management Authorization(s) iasued in �
connection with approval of the subarea plan(s) applicable to such
Additional Covered Species or 2) the listing of such Additional . _
Covered Species as threatened, endangered or as a candidate species
under CESA (or there is a change in the listing status of -a-�overed -
Species that is currently listed as threatened, endangered or as a
candidate species) . CDFG shall provide written notice to the City
of the approval of each MSCP subarea plan and those Additional
Covered Species the incidental take of which is authorized under
the City's Management Authorization.
10.3 Finding - Section 4 (d) S�ecial Rule -
Upon acceptance of the MSCP by the USFWS and CDFG,
respectively, as a viable subregional NCCP plan, the PSHCP shall _. .
also be considered an approved NCCP Plan under the NCCP Act and the
Section 4 (d) Special Rule for the gnatcatcher promulgated by the
USFWS.. In accordance with the Section 4 (d) Special Rule, ' ' �
incidental take of the coastal California gnatcatcher within the
City in accordance with and consistent with the PSHCP/NCCP Plan and
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this Agreement shall not be considered a violation of Section 9 of
the ESA.
11.0 RELIANCE ON PSHCP IN FIITIIRE COVERED SPECIES LISTING
DETERMINATIONS
11.1 IISFWS ' —
To the extent permitted by ESA, the USFWS shall consider the
PSHCP, this Agreement, and all other existing conservation efforts
(including, but not limited to, other plans approved under the NCCP
Act, and any relevant Conservation Agreements) in any future
determination concerning the listing as threatened or endangered of
any Covered Species which is not so listed as of the Effective
Date. _
11.2 CDFG
To the extent permitted by CESA, the CDFG shall consider the
PSHCP, this Agreement and all other existing conservation efforts
(including, but not limited to, other plans approved under the NCCP
Act, and any relevant Conservation Agreements) in any future --
determinations and recommendations by CDFG to the California Fish
and Game Commission with regard to the listing as endangered, �
threatened, or as a candidate species, of any Covered Species which
is not so listed as of the Effective Date.
12 .0 NOTICES OF PROPOSED RULES AFFECTING ANY COVERED SPECI-�;5. -
ADDITIONAL COVERED SPECIES. OR 07'HER SPECIES IN PERMIT AREA
USFWS and CDFG each .shall use its best efforts to send any
future public notices to the City of any proposed rule which is
published to list under the ESA or CESA, respectively, a Covered
Species or an Additional Covered Species, or any other species that
is known to occur within the Permit Area. -
13 .0 Listing of Other Species
In connection with the listing under the ESA or CESA of any
species other than a Covered Species or an Additional Covered
Species, and upon proper application and compliance with all - '
substantive and procedural processes, USFWS or CDFG, as appropriate
shall expeditiously consider the issuance of; and if, appropriate,
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issue a Section 10 (a) Permit or a Management Authorization, as
applicable, to the City upon a finding that the PSHCP and this
Agreement, as currently constituted or as amended, meet ESA or
CESA, as applicable, standards for the issuance of a Section 10 (a)
Permit/Management Authorization for such species .
14.0 COOPERATi"rlE EFFORTS TOWARD THIRD PARTIES
A. The USFWS and CDFG shall each apply their best effor.ts to
contribute public lands and funds to the development of and
acquisition of habitat lands within the Mitigation Area. Any
habitat land acquired within the Mitigation Area through such means
shall not be counted as mitigation for any public or private
project . As appropriate, the USFWS and CDFG shall direct the
acquisition of land acquired for offsite mitigation of federal and
state projects to be located within the City, and lands banked for
such projects, to lands within the Mitigation Area.
B. The USFwS and CDFG shall, as appropriate, encourage local
special districts, public agencies, and regional public utility and
facility providers (other than federal agencies) not subject to the
regulatory control of the City, when carrying out development -�
within the jurisdictional limits of the City, to seek take
authorizations through the permitting authority of City through �
legally binding agreements approved by USFWS and CDFG, as described
in this Agreement, rather than seeking separate take authorizations _
directly from the USFwS or the CDFG. Likewise, the City will make
a concerted effort to coordinate the plans of such c�is�ricts, -
agencies, and regional providers with its implementation of the HCP
and this Agreement .
C. The Parties shall cooperate to encourage local apecia'1
districts, public agencies, other local jurisdictiona, and regional
public utility and facility provide:.-s not subject to the regulatory
control of the City, to plan and implement future development in a -
manner consistent with the PSHCP. Such entities include Poway
Unified School District, Palomar/POmerado Hospital District, City
of San Diego Wastewater Management District/Clean Water Program, _..
San Diego Gas and Electric Company, Pacific Bell Company, San Diego
Metropolitan Water District, San Diego County Water A,uthority,
Ramona Municipal Water District, County of San Diego, City of San ' ' '
Diego, City of Escondido, City of Santee, Metropolitan Transit
Development Board, Caltrans, San Dieguito River Park Joint Powers
`
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Authority (JPA) and other future established JPA' s, and the Federal
Bureau of Land Management .
15 . 0 INCORPORATION OE PSHCP
The PSHCP and each of its terms are intended to be and by this
reference are; incorFrorated herein. In the event of any direct
contradiction between the terms of this Agreement and the PSHCP,
the terms of this Agreement shall control. In all other cases, the
terms of this Agreement and the terms of the PSHCP shall be
interpreted to be supplementary to each other. In interpreting the
PSHCP, consideration shall be given to the fact that the PSHCP was
not drafted as a legal document . .
16.0 STATED TERM
As between the City of Poway and USFWS, this Agreement shall
become effective on the date that USFWS issues the Section 10 (a)
Permit and shall remain in full force and effect for a period of 50
years or until termination of the Section 10 (a) Permit, whichever
occurs sooner. The Permit shall be renewable on request of the
City in accordance with then existing regulatory requirements. --
As between the City of Poway and CDFG, this Agreement shall
become effective on the date the CDFG issues the Management
Authorization and shall remain in full force and effect for a
period of 50 years or until termination of the Management
Authorization whichever occurs sooner. The Management - -
Authorization shall be renewable on request of the City in
accordance with then existing regulatory requirements.
Notwithstanding the stated term of this Agreement, the Parties
agree and recognize that once the Covered Species have been taken
and their habitats modified pursuant to th�: Section 10 (a) Permit
and Management Authorization, the take and habitat modification -
will be permanent. It is therefore the intention of the Parties
that the provisions of the PSHCP and of this Agreement regarding
the conservation of habitat within the Mitigation Area shall __ .
likewise, to the extent permitted by law, be perpetual, and extend
beyond the stated term of this Agreement .
17. 0 REMEDIES AND ENFORCEMENT
4
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17 .1 Remedies in General
Except as set forth below, each Party shall have all of the
remedies available in equity (including specific performance and
injunctive relief) and at law to enforce the terms of this
Agreement and the Section 10 (a) Permit and Management
Authorization;and t6-seek remedies and compensation for any breach
thereof, consistent with and subject to the following:
A. None of the Parties shall be liable in damages to the
other Parties or to any other person or entity for any breach of
this Agreement, any performance or failure to perform a mandatory
or discretionary obligation imposed by this Agreement, or.any other
cause of action arising from this Agreement. Notwithstanding the
foregoing, each Party shall retain whatever liability_- it would
possess for its present and future acts or failure to act without
existence of this Agreement . This provision shall not be
interpreted to affect the authority and responsibility of the USFWS
to invoke the penalties under the ESA or other federal law, for
violations of the ESA or the Section 10 (a) Permit.
B. The Parties acknowledge that each of the Covered Species -�
and Additional Covered Species are unique and that the loss of any
of such species would result in irreparable damage to the �
environment and that therefore injunctive and temporary relief may
be appropriate in certain instances involving a breach of this
Agreement .
17 .2 The Section 10 (a1 Permit �
A. Permit Sus�ension
In the event of any material violation or breach of the
Section 10 (a) Permit or this Agreement, in addition to invoking
penalties provided under the ESA, USFWS may suspend the Section -
10 (a) Pezmit; provided, however, that except where USF`WS determines
that emergency action is necessary to protect the Covered Species,
it will not suspend the Section 10 (a) Permit without first (1) _, _
requesting the City to take appropriate remedial actions, and (2)
providing the City written notice of the facts or conduct which may
warrant the suspension and an opportunity for the City to ' ' "
demonstrate why suspension is not warranted.
t
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B . Qermit Reinstatement
In the event USFWS suspends the Section 10 (a) Permit, as soon
as possible but no later than ten (10) days after such suspension,
USFWS shall confer with the City concerning how the violation or
breach that le'd to the suspension can be remedied. At the
conclusion af any -such conference, USFWS shall determine the
specific actions necessary to effectively redress the violation or
breach. In making this determination USFWS shall consider the
requirements of the ESA, regulations issued thereunder, the
conservation needs of the Covered Species, the terms of the Section
10 (a) Permit and of this Agreement and any comments or
recommendations received during the meet and confer process.
As soon as possible, but not later than thirty (30) tiays after
the conference, USFWS shall send the City written notice of the
actions necessary to effectively r�dress the violation or breach.
Upon full performance of such necessary actions, Service shall
immediately reinstate the Section 10 (a) Permit. It is the intent of
the Parties that in the event of any suspension of the Section
10 (a) Permit all Parties shall act expeditiously to cooperatively
reinstate the Section 10 (a) Permit . �
C. Permit Revocation or Termination �
1 . USFWS agrees that it will revoke or terminate the Section
10 (a) Permit for a violation or breach of the Section 10 (a) Permit
or this Agreement only if the USFWS determines that � (aj such -
violation cannot be effectively redressed by other remedies or
enforcement action, and (b) revocation or termination is required
to fulfill a responsibility of USFWS under the ESA.
2 . USFWS agrees that it will not revoke or terminate the
Section 10 (a) Permit without first {a) requesting the City to take
appropriate remedial action, and (b) providing the City notice in -
writing of the facts or conduct which warrant the revocatio:� or
termination and a reasonable opportunity (but not less than sixty
(60) days) to demonstrate or achieve compliance with the ESA, the _. .
Section 10 (a) Permit and this Agreement.
17.3 MANAGEMENT AUTHORIZATION ' " '
A. Susvension of Manaaement Authorization
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In the event of any material violation or breach of the
Management Authorization or this Agreement, in addition to invoking
penalties provided under CESA, CDFG may suspend the Management
Authorization; provided, however, that except where CDFG determines
that emergency action is necessary to protect the Covered Species,
it will not suspend the Management Authorization without first (1)
requesting tt� City -to take appropriate remedial actions, and (2)
providing the City written notice of the facts or conduct which may
warrant the suspension and an opportunity for the City to
demonstrate why suspension is not warranted.
B. 8einstatement of Management Authorization
In the event CDFG suspends the Management Authorization, as
soon as possible but no later than ten (10) days after such
suspension, CDFG shall confer with the City concerning how the
violation or breach that led to the suspension can be remedied. At
the conclusion of any such conference, CDFG shall determine the
specific actions necessary to effectively redress the violation or
breach. In making this determination CDFG shall consider the
requirements of CESA, regulations issued thereunder, the
conservation needs of the Covered Species, the terms of the -
Management Authorization and of this Agreement and any comments or
recommendations received during the meet and confer process.
As soon as possible, but not later than thirty {30) days after , _
the conference, CDFG shall send the City written notice of the
actions necessary to effectively redress the violation or .breach. -
Upon full performance of such necessary actions, CDFG shall
immediately reinstate the Management Authorization. It is the
intent of the Parties that in the event of any suspension of the
Management Authorization all Parties shall act expeditiously to
cooperatively reinstate the Management Authorization.
C. Revocation or Termination of Manaaement Authorization -
1 . CDFG agrees that it will revoke or terminate the
Management Authorization for a violation or breach of the , .
Management Authorization or this Agreement only if CDFG determines
that (a) such violation cannot be effectively redressed by other
remed�,es or enforcement action, or (b) revocation or tezmination is ' ' '
required to fulfill a responsibility of CDFG under CESA.
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2 . CDFG agrees that it will not revoke or terminate the
Management Authorization without first (a) requesting the City to
take appropriate remedial action, and (b) providing the City notice
in writing of the facts or conduct which warrant the revocation or
termination and a reasonable opportunity (but not less than sixty
(60) days) to demonstrate or achieve compliance with CESA, the
Management Aut-horizat�'ron and this Agreement.
18.0 THIRD PARTY BENEFICIARIES
This Agreement is intended to benefit all persons or entities
subject, by law or voluntarily, to the control of the City which
obtain a building permit or other written land use approval (such
as a use permit or grading plan approval) from the City for a
planned development project which will result in the development of
land which is not currently developed, and which implements or is
consistent with the provisions of the PSHCP.
19 .0 ENVIRONMENTAL REVIEW
19 .1 NEPA COMPLIANCE
?ssuance of a Section 10 (a) Permit to the City by USFWS is an
action subject to NEPA review. USFWS is a "co-lead" agency under �
NEPA. An Environmental Assessment and a Supplemental Environmental
Assessment (EA) has been prepared pursuant to NEPA.
19 .2 CEOA COMPLIANCE - -
Implementation of the HCP is an action subject to CEQA review.
The City, as a "co-lead" agency under CEQA, finds that the joint
EA/Environmental Initial Study was prepared and completed pursuant
to CEQA and the Supplemental Environmental Assessment .
20 .0 ADSENDMENTS -
Except as otherwise set forth herein, this Agreement may be
amended only with the written consent of each of the Parties. Any _. ,
material amendment of the PSHCP or this Agreement ahall require an
amendment to the Section 10 (a) Permit and Management Authorization.
21.0 MTRC'R�LANEOIIS PROVISIONS
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21.1 TERMS USED
Terms defined and utilized in the PSHCP, the ESA and the CESA
shall have the same meaning when utilized in this Agreement, except
_ as specifically noted in Section 1 .
21.2 No Partnez�ship —
Except as otherwise expressly set forth in the PSHCP and this
Agreement, neither the PSHCP or this Agreement shall make or be
deemed to make any Party to this Agreement the agent for or the
partner of any other Party.
21.3 Successors and Assigns
This Agreement and each of its covenants and conditions shall
be binding on and shall inure to the benefit of the Parties and
their respective successors and assigns . However, as provided in
50 C.F.R. 13 . 25, the Section 10 {a) permit may not be assigned or
transferred.
21.4 i e -'
Any notice permitted or required by this Agreement shall be
delivered personally to the persons set forth below or shall be
deemed given five (5) days after deposit in the United States mail, _
certified and postage prepaid, return receipt requested and ,
addressed as follows or at such other address as any Party m�y from -
time to time specify to the other Parties in writing:
United States Fish and Wildlife Service
Assistant Regional Director '
911 Northeast llth Avenue
Portland, Oregon 97232-4181
United States Fish and Wildlife Service
Field Supervisor
2730 Loker Avenue West _. .
Carlsbad, California 92028
I�rector, California Department of Fish and Game ' ' '
1416 9th Street, 12th Floor
Sacramento, California 95814
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California Department of Fish and Game
Regional Manager
330 Golden Shore, Suite D
Long Beach, California 90802
City of Poway
City Manager —
13325 Civic Center Drive
Poway, CA 92064
21.5 Entire Agreement
This Agreement supersedes any and all other Agreements, either
oral or in writing, among the Parties with respect to the subject
matter hereof and contains all of the covenants and agreements
among them with respect to said matters, and each party
acknowledges that no representation, inducement, promise or
agreement, oral or otherwise, has been made by the other Party or
anyone acting on behalf of the other party that is not embodied
herein.
21.6 Attomeys ' Fees �
If any action at law or eguity, including any action for
declaratory relief, is brought to enforce or interpret the
provisions of this Agreement, each Party to the litigation shall _
bear its own attorneys ' fees and costs, provided that attorneys'
' fees and costs recoverable against the United States - s�iall be -
governed by applicable Federal law.
21.7 Duglicate Originals
This Agreement may be executed in any number of duplicate
originals . A complete original of this Agreement shall be
maintained in the official records of each of the Parties. -
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IN WITNESS WFiEREOF, THE PARTIES HERETO have executed this
Implementation Agreement/Management Authorization to be in effect
as of the date last signed below.
BY �� Date � ` � ��
Regional Director
United States Fish and Wildlife Service
Portland, Oregon
BY ��� Date y�g�56
Director
California Department of Fish and Game
Sacramento, California
BY _ � Date �o L! 9(0
Mayor
City of Poway - _ -
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RESOLUTION N0. 95-096
- A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT, GPA 95-02
AND RESCINDING RESOLUTION N0. 94-058 AND RESOLUTION P-90-89
WHERFJaS, the City Councii of the City of Poway recognizes thaf the need may
arise to amend the City's General Plan; and
WHEREAS, Secfion 65350, et seq., of the Califomia Govemment Code describes
the procedures for amending General Plans; and
WHEREAS, the City of Poway/Poway Redevelopment Agency (hereinafter "City"),
2s the appfican� h2s prepared the proposed City of Pow2y Subarez Habitat Conservation
Plan/Natural Community Conservation Plan (hereinafter"Poway Subarea HCP"} and the
companion Implementing Agreement (hereinafter"{A") documents; and
WHEREAS, the subject proposed documenfs have been completed to compiy with
the requirements of the Stafe of Califomia Natural Community Conservation Planning
(NCCP) Act of'1991, the NCCP Process and Conservation Guidelines (NCCP Guidelines)
as adopted in November'1993 by the Califomia Department of Fish and Game (CDFG) in
collaboration with the U.S. Fish and Wildlife Service (USFWS), and the Federal
End2ngered Species Act Section 4 (d}` Special Ru3e for the "threatened" Califomia
gnatcatcher whicf� is incorporated into the NCCP Guidelines; and
WHEREAS, the subjecf proposed documents have also been completed to satisfy� _
the approved regionzl biological impact mitigation measure identified in the certified Final
Environmental Impact Repo�t (State Clearinghouse � 93091118) for the appTOVed Scripps -
Poway Parkway Extension projec� which requires the preparation and adoption of a City-
wide subarea habitat conservation plan; and
WHEREAS, General Plan Amendment, GPA 95-02, will amend the releJant
efements of the Poway General P1an to incorporate the requiremenfs of the Poway Subarea
HCP by reference as provided in this resolution; and
WHEf2EAS, upon approval of the subject documenfs by the City, USFWS and
CDFG, the City will receive long-term permits from these agencies which aUow for the
incidental "take" of Federal- and State-listed plant species, wildlife species, and their _ .
habitats; and
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Resolution No. 95-096
Page 2 --
WNEREAS, such long-term permits wil! apply to all public projeds and to private
developmerrt projeds as tY�e private owners choose, where such projects comply with the
requirements of the subject documents, including the Compensation Mitigation Strategy,
Mitigafion Ratios,.and Speciat Development Requirements; and
WHERFJ�S, on August 15, 1995 a duly adverfised public he2ring was conducted by
the Poway Ciiy CounciUPoway Redevelopment Agency in accordance with Section 65853,
et seq., of the Califomia Govemment Code and the Califomia Environmental Quality Ad
(CEQA) to consider the Initial Study/Proposed Negative Declaration, the Poway Subarea r,
HCP, the companion IA, and associated approvai adions including GPA 95-02. J
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Ciry of Poway -
by adoption of this resolution, does hereby approve the following actions:
1. The City Council finds that the approvai of General Plan Amendment, GPA 95-02 -
will not have significant adverse environmental imp2d and hereby issues a Negative
Declaration pursuant to CEQA
2. The City Councii hereby approves General Plan Amendment, GPA 95-02, which _ .
amends ttie refevant elements of the Poway General Plan to incorporate by reference the -
requifements of the City or Poway Subarea Habitat Conservation Plan (Poway Subarea
HCP) and companion Implementing Agreement (IA) as described below: -
3. The Resource Conservafion Area as defined in the Poway Subarea HCP and . _
companion IA documents is hereby estabtished.
4. The following resolutions of the City Council are hereby rescinded and replaced.
with the related requirements of the Poway 5ubarea HCP and companion IA documents. �
. Resolution No. 94-058, which established a poliry conceming removal of coastal
sage scrub pursuant to the interim strategy of the NCCP Guidelines. —
• Resolution No. P-90-89, which adopted an interim replacement standard as
mitigation for coastal sage scrub impacts for the Califomia gnatcatcher, and -
estabiished a mitigation fund. Monies contained in ihe previously established _
mitigaUon fund shall be transferred to the Resource Conservation Area Acquisition ��
Fund Account, as established with the adoption of the Poway Subarea HCP and
companion lA documents.
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Resolution No. 95-096
Page 3
5. In accordance with the adopted lmpiementing Agreement, the City hereby
initiates the estabiishment of a permanen! biological open space conservation easement
over the lands aaauired by the City as compensation mitiga6on for the approved Scripps
Poway Paricway E�eruion (SPPE) Projec� and also over the "camerstone" lands that are
owned by the City and designated Open Space-Resource Management (OS-RM), as
described in the a�opted Poway Subarea HCP. Ail habitat disfurbance an the subject
.
camerstone lands shall be c�nsistent with the compensafion mitigation strategy, mitigation
ratios, and special development requirements provided in the adopted Poway Subarea
HCP.
The City shall execute the above described conservafion easements in favor of ttie U.S.
Fish and Wildfife Service and Califomia Department of Fish and Game providing for the
perpetual conserva6on of the subjed SPPE compensation mi6gation lands and City-0wned
OS-RM comerstone lands for the profection of natural biological resources, including the
Covered Species, pursuant to and consistent with the Poway Subarea HCP and companion
IA The conservation ezsement language for City-owned comerstone lands shall allow for
uses consistsnt with the current OS-RM land use and zoning designation, 2s defined in an
Exhibit to the lA
6. The Poway Subarea HCP and companion IA documents are hereby incorporated-.
by refierence into the Poway General Plan by text changes under existing Goals, Policies
and Strategies, as indiqted below. 1Nhere new language amends a General Plan strategy, '
suctt�amendment language sha11 appiy to the same strategies found ttuoughout the General
Plan to maintain General Pian intemal consistency. �
(A.) Land Use E(ement - —
1. Goal 1., Policy B -Subdivision Design. Strateav No. 18 shail be am�rtded bv the �
2ddition of the followina lanQUaae:
- Subdivision design wh,c,�l ts apprfl�e'�bas�<.�ci�'�e�Cr s Trt�,c�3e�at
�ake7f7fanag meni Aufi�onzafion Pertnit sh�a I comply with the reqwrements
a.�.�
of the a�opted Poway Subarea Hsbitat Conservation P(an and companion
Implementing Agreement documents, inGuding the Compensation Mitigation '
Strategy, Mitigation Ratios, and Special Development Requirements. -
2. Goal 1., Poliry C - Site Design. Strateqy 23 shalf be amended bv the addition of
She following lanouaae: _ .
Site design s�,& �-.' � C . CR�a
- ana e e a s a ms;orporate e Spec al - - �
Development Requirements of the adopted Poway Subarea Habitat
Conservation Plan and companion Implemeniing Agreement documents to
the greatest extent practicable and feasihle, to ensure the proper siting of
'�.�+ �' .
Resolution No.95-096
Page 4 -
development and io protact and preserve important biological resources
- within the Resource Conservation Area, as defined in the subjed Ptan and _
companion Agreement
3. Goa! I., Poliry D - Grading. Strateav 2 shall be amended bv the addition of the
followina laaauaae:— _ _ _
Habitat removal associated with grading and cleanng ;,t�c��s a(�p�D,Yed -
�"a�'�i"��'�S'on 3he CE s�;.nc� en�t."Take ,' ana �en�uffionzatf.rt�,'�PP if
..�.:�:.:.....� �;...�:.....
afl comply to the greatest extent practica e an easi e w�th the S ecia�
Development Requirements of the adopted Poway Subarea Habitat �.
Conservation Plan, companion lmplementing Agreemen#. �l.�ge�� _
etn�v�a'T� shafi comply with the relevant requirements of the �ity's Grading
�..•. „ _
Ordinance (Titie 16, Land Use Regufafions Code, of the Poway Municipal `-
Code).
.
^-r-cvs.-+-i ,--T-v^�tf ! Wcl{S 2RG--FefiEiF�c--vi+zt�a: o �~•,�� -
�9�{AWbc � � .. .
s �'
• ��r
�-+ 1 .� ♦ d o u L.•a 1... '-�
e ~C GQ 1 ��
j ^+. .�..� .
5. Goal I., Poficy I - Lighting. �trateav 7 shall be added to read as fiollows:
7. The placemenf of lighting on public and private properties shall comply �
with the"Management Recommendations and Actions"for comeFStone and -
non-comerstone lands as identin"ed in the adopted Poway Subarea Habitat
Conservation Plan and companion Impiementing Agreement documents. -
�-l�'�-}! ,�Re�i�j'-�—BMS`v��k{�I{� s� ,a � t c��.,t � ii ti a ..r ti,.+r,� � =
2f�i�FBR E3�
��
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Resolution No. 95-096
Page 5
(B.) Public Facilities Element -
1. Goai IX, Poliry A - City Water System. S�ateqv 6 shall be amended bv the
addition of the foilowin4 ianauaae:
The extension t�the City water system into the "rura! residential"areas of the -
Resource Conservation Area, as defined in the adopted Poway Subarea '
Fiabitat Conservation Plan and companion Implementing Agreement•
documents, shall be cooperatively planned among the City, U.S. Fish and� ;
Wildlife Service, Califomia Dep2rtment af Fish and Game, and involved
residenfs and property owners to achieve the conservation objedives and
requirements ofi the subject Pian and companion Agreement.
(C.) Transportation Element -
1. Goal XII., Policy A- Planning. Strateav 9 shail be added to read 2s foliows:
9. The development of public sfreets, •�~''^ ^^�' ^ .�:� � ^;''-^`�='�""'' ^"''
�-����, scenic roadways, trails and pedestrian routes shall comply with
the adopted Poway Subarea Habitat Conservation Plan and companion
implementing Agreement and fhe requirements thereof, including the Land �
Use and Management, Compensation Mitigation Strategy, Mitigation Ratios,'
:' and Special Development Requirements.
Compliance shalf also be required for regional transportation improvemenfs
and other land use development undertaken by other public agencies and � —
surrounding jurisdictions. _
(D.) Natural Resources Element -
'I. The Biological Resources section of the Naturai Resources Element (current
pages 16 ttirough 25 up to OPEN SPACE, and pages 53�5), including text, tables,
Policy C, and strategies shall be �e� ,a��gm�nt,,,e'"c�, with the adopted Poway
Subarea Habitat Conservation Plan and companion Implementing Agreement
documenis. These documents shall be fully incorporated by �eference as a �,
separately-bound appendix, including the Finai Joint NEPA/CEQA document
The foilowing brief introduction shall be incfuded after the existina headino of - -
Biolooicai Resources: -
' On August 15, 1995 the City of Poway/Poway Redevelopmeni Agency (City) " - �
adopted the Poway Subarea Habitat Conservation PlanlNafurai Community
Conservation Ptan (Poway Subarea HCPj and the companion lmpiementing
/�qreemeni (tA) documents. The subjed documents were adopted to comply
� '
'�rr �+
` Resoiution No. 45-096
Page 6 � —
with the requirements of the State of Califomia Natural Community
- Conservation Planning (NCCP) Act of i991, the NCCP Process and ,
Conservation Guidelines (NCCP Guidelines} as adopted in November 1993
by the Califomia Department of Fish and Game (CDFG) in coUaboration with
the U.S. Fish and Wildlife Service (USFWS), and the USFWS Federal
Endaagered Species Act Section 4 (d) Speciai Rule for the "threatened" �
Califomia gnatcatctier which is incorporated into the NCCP Guidelines.
The City has received long-term permi:s from USFWS and CDFG which
allow for the incidental "take" of Federal- and SYate-listed plant species,
wildlife species, and their habitats. Such long-term permits will apply to aii -�
public p��ects and i� pnvate development pro�ects �re�r a prnra e QwneF ,
�eqc�ests:,parf�capa�n and agrees to abide 5y th"e�e ,rns and requzrements a�
�he Poway Sv6aiea f�CP and �mparnori irrt�plement�ng Agreemerrf {1A;�.
.�.�:�.:w� �..�� .� ...�
8i�i._^...,x�; .a��: � ��, •».^.� "i'ol .+ o , o..,l:.°�"! ...`Di � '
r � 1 a c.
�
including tfie Compensation Mitigation Strategy, Mitigation Ratios, and -
Speciai Development Requirements. ,
These documents, including the approved environmentai review ' �
(NEPA/CEQA) documents are separately-bound as an appendix to the
�
Natural Resources Efement
� 2. Goal XII., Policy A-Planning. Strateav 4 shall be amended bv the addition of the
foiiowina lanauaoe:
The City shall encourage the neighboring County of San Diego and City of
San Diego jurisdictions to cooperatively develop and adopt subregipnal and -
subarea habitat conservation plans which are consistent with and foster the
impiementation of the adopted City of Poway Subarea Habitat Consen+ation —
Plan and companion Implementing Agreement documents.
All necessary clerical changes shall be made to the general plan to make ifs text consistent � —
with the terms af this resolution.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
Califomia, this i5th day of August, 1995.
n�� ��.!_�'�.-�..� - .
Susan Callery, Depury Mayor
ATTES�: � � _
, �
/��}"1Q--�t,..� I-' �'�<,. t����
Marjorie K Wahlsten, City Cterk
-� �
� � , �
Resolution No. 95-096 �
Page 7
STATE OF CALIFORNIA )
�— — ) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of pe�jury, that the fo�egoing Resolution, No. 95-096 , was duty adopted by the
� City Council at a meeting of said City Council heid on the 15th day of
August , 19g5, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALIERY, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
�
ABSENT: HI6GINSON
� ' ;1_���-�..� �' >��.��,��
Marjorie K Wahlsten, City Cier4c —
City of Poway
E:\C ITY1P LAN N I N G1RE P O R71H C P G PA RES
°�..� �..+ •
RESOLUTION N0. 95-097
A RESOLUTION OF THE CITY COUNCIL
_ OF THE C1TY OF POWAY, CALIFORNIA
ADOPTiNG THE C1iY OF"POWAY SUBAREA HABI7AT CONSERVATiON PLAN
AND AUTHORIZING THE MAYOR TO SIGN •
THE IMPLEMENTING AGREEMENT/
CAIIFORNIA ENDANGERED SPECIES ACT MEMORANDUM OF UNDERSTANDING
} WHERFAS, the City of Poway/Poway Redevelopment Agency (City), as the
2pplicant and co-lead agency with the U.S. Fish and Wildlife Service (USFWS) , has
prepared the proposed City of Poway Subarea Habitat Conservatio� PIan/Natural
Community Conservafion Plan (Poway Subarea HCP) and companion lmplementing
Agreement (IA)lCalifomia Endangered Species Aci Memorandum of Understanding
documents in consuitation with the Califomia Department of Fish and Game (CDFG); and
WHEREAS, the subject proposed documents have been completed to comply with
the requirements of the State of Califomia Natural Community Conservation Pfanning
{NCCP) Ad of 1991, the NCCP Process and Conservation Guidelines (NCC° Guidelines)
as adopted in November 1993 by the Califomia Department of Fish and Game (CDFG) in'
coltaboration with the U.S. Fish and Wildlife Service {USFWS), the Califomia Endangered
Species Acf (CESA), and the Federal Endangered Speaes Act (ESA) induding the Special
Rule for tY�e Califomia gnatcatcher which was issued under Section 4(d) of the ESA; and
WHEREAS, on August 15, 1995, the Poway City Council/Poway Redevelopment
Agency held a duly advertised public hearing in accordance wifh the provisians of the -
Califomia Govemment Code and the California Environmental Quality Act (CEQA) to
consider the Joint Environmental Assessment and Initial Study/Proposed Negative
�° Deciaration documents, the proposed Poway Subarea HCP and companion IA documents,
and associated approval actions including General Plan Amendment, GPA 95-02 and
ordinances amending the City's grading and zoning ordinances; and
WHEREAS, at said pubiic hearing the City Council issued the Negative Declaration -
in accordance with the CEDA Guidelines and adopted a resotution approving GPA 95-02,
which adopted the proposad Poway Subarea HCP and companion 1A documents, and
� amended the reievant Elements of the Poway General Ptan to i�corporate by reference _..
such documents and the requirements thereof, and
-- 'WHEREAS, the City, USFWS and CDFG agree that adoption of the HCP and- - -
executi�n of the companion IA will provide a private p�operty owner with the option to rely
upon the City's Incidental TakelManagement Authorization Pertnit; and
�r► w� -
Reso�ution No . 95-097
Page 2 --
WHEREAS, the Poway Subarea HCP and companion !A provide reasonable
economic use to owners of private property who choose to rely upon the Cit�s incidental -.
Take/Management Authorization Permit in that development may proceed in accordance
with the General Plan long with the protection and preservation of sensitive habitats; and
WHEREAS,-the PowaySubarea HCP has been prepared in compliance with the
ESA and the CESA and may be amended or revised at the mutual agreement of the City
and the wildlife agencies as may be appropriate because of changes to th�se laws; and
WHEREAS, the companion Implementing Agreement(IA) document must be signed
by the Mayor of the City of Poway and by the USFWS and CDFG (Wildlife Agencies) in
order for the lA and the Poway Subarea HCP to become effective and for the related "take•. _,
permits and management authorizations" to be issued to the City by the wildlife agencies;
and
WHEREAS, the Poway Redevelopment Agency has determined that Agency
2pproval of said doc:�ments and compliance with the requirements thereof by all Agency �-
redevelopment projects is necessary and appropriate in order to be consistent with the .
Poway General Plan, as amended by City Council approval.of GPA 95-02. _
NOW, TNEREFORE, BE IT RESOLVED, that the City Council of the City of Poway .
by adoption of this resolution, does hereby.
,
. 1. find that ttie approval ofi the Poway Subarea HCP and the companion IA will not -
have a significant adverse environmenfai impad and hereby issues a R"•�
Negative Declaration pursuant to CEQA. —
2. adopt the proposed Poway Subarea HCP inciuding the changes showrrin Exhibit .' �
A attached hereta
3. authorize the Mayor to execute the Implementing Agreement/Califomia �,
Endangered Species Act Memorandum of Understanding inciuding the changes : _
shown in Exhibit B attached hereto.
4. find that all projeds undertaken by the City shall comply with the requirements :
of the Poway Subarea HCP and the companion IA as approved herein, and as
approved in accordance with the City Council resolution adopting General Plan
Amendment, GPA 95-02 - _.
5, find that the HCP will provide private propeRy owners who require a pertnit under
the ESA and CESA with the option of relying upon the City's permit issued in ' - ' _
conjuncfion with the HCP and its fA if the owner voluntarily agrees to be bound by
the tertns of the HCP.
1 • . � �
. Resolution No . 95-09i
Page 3
6. find that if the need for permifs under ESA 8 CESA no longer exists, the HCP
shat( no longer be in effect.
7. find that nothing precludes private property owners form seeking their own
permits.
8. Al� necessary clerical changes shali be made to the HCP and its maps and the
Implementing Agreement in order that those documents cortform to the terms of this
resolution providing for voluntary participation by private properties.
APPROVED and ADOPTEQ by the City Council of the City Of Poway, State of• �
Califomia, this 15th day of August, 1995.
•'�'/ ii il_��� / ,� / ,�c%�- �"
Susan CaUery, Deputy Mayp "
ATTEST:
�� � �����
Marjorie K Wahisten, City Clerk
t \
E:\CITYIPLANNINGIREPORIIHCPIA.RES
�T
�r �
Resolufio� No 95-097
Page 4 _
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
1, Marjorie K Wahlsten, City Cleric of the City of Poway, do hereby certify, under the �
penafty of perjury, that the foregoing Resolution, No. 95-097 , was duly adopted by tt�e
City Council at a meeting of said City Council held on the 15th day ofi -
Auaust . 1995, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD ; ,
NOES: NONE r-
ABSTAIN: NONE -•
t
' qggE�; HIGGINSON � �_
�)�'1G�.1,4.c � 7�-�`-��,- —
Marjorie K Wahlsten, City Clerk - - —
City of Poway
r ,
. f :
. ._ . �
Resc :i No. 95-097
� Page 5 �
EXH181T A
PROPOSED CHANGES TO THE
-ORAFT POWAY SUBAREA HABITAT CONSERVATION PLAN!
NATURAL COMMUNlTY CONSERVATION PLAN
The fottowing chaoges to the..Draft Poway Subarea Habita! Conservation Plan/Natural
Community Conservation Pian are made. References are to pages as numbered in the
June 1995 Public Review Draft
Paae 1 � oaraaraoh 1 beainnina on line 6
~• ...Preparation and implementa6on of this citywide HCP is necessary to allow for the
incidental take of listed species by public�proje"�"s and � private projeds r�fi,i�c� '�,'e�y u.�
fhDhD��t�s In�fz"�i�"�µa��c"e"�lM, a��age, ,m�en,t�A�orriatia� .
Paoe 1-4 oaraaraoh 4 beainnina on line 5
:. • . . .�
..�. .�. . .r, a ,a ..«•i,�,. .�,;.ti ., a..,..r.,.:
Paae 'I-8 oaraaravh 3 beainnina on line 3 -�
.Aii pubiic�i�oi cts and �i#private prole�b��,e,,my�ng�o��ie per�rsits'�`..�a`e tt��N�tc'�o.r� .
Yyi{h'2hemguUarsa�1GP wil(�be required to be consistent with the Subarea HCP...
Paae 1 11 aaraaraah 3 beainnina on line 1
Approval of the Subarea HCP b the Ci of Powa will �y�,GCO17t ie��"'"''��+=� a '
Y tY Y ���.�
General P{an amendment..
Paae 1-12 �araara�h 3 beginnina on line 1 •
, ��7 adop pR,,,�,�;,,�C�,,,,�,P:�s, the City
will process public and private project approvals in the customary manner, incorporating _
the Poway Subarea HCP into their noRnal projed review and approval and CEQA
processes. a • � rs> c.o ..s n • ean g�o e o e r e �w,�
8 ,. . p. d d . s, a : d iCats � S _..
a��'� ethe o� ca ap ay u a ea .' . �n ua
u(f�ornaf o � Ca a:. e a e �n s. s ..a G . , R is °a
iidlif 5eivice Esta is e oca pu �c earing requiremen s wi app y.... _ ._ -
Resolution No. 95-097 • •
'�r �v Page 6
- Exhibit A '
Page 2 _
Paqe 5-2� paraqraoh 3 beqinninq on line 7
...The Poway Subarea HCP aeates a resource conservation ' � '
+ � r
dsfnct v,�%here conseNat�on"ryefForts�'wi�1T"be�ocuse��whe�,e„Yspecial development
requirements wdl ap�ly;to pe,liGc prolecfs;and to pnvate prd�ect�s ap�rov„e' ��„°,re ia�nce n .on
- �•--�:...
the C�ry's 1nc�dental TakelM�nageriiertt"Authorrzatio�ermli� These provisions wilC
�...M.,.:. ,: .._..,_..�,._ ,,.�...,..__.
ensure....
Page 5 22 Secfion 5`;3 'f VoTvme Z�Addnew<Secfion<and��araara�fis—'asfotiows:
r
�pperEd'ices of this HCP inciudes two recerrt'b�oT�ogica suivey re���tfie�ia o Ranch � �
ar�d 1he ad�acent Jotin Ligtaori;property These,reporfs;wsTe�scibmffted by#he propecfy "
owrters �usf prtor fo, the pub[ic rev�ew;penod af ihe£FAl1S,rFoway Sr�barea HCP and - •
�omp2nion .1�, documents The s�fe b�ologist,':Uinc�r�;>Scheidt, penar�r°d a cielaited
survey and Anatysis of Habifat V�fr�e5:�nd Recommenda6ons far bath properf�e5 The
recommezdations and �omptetE fe�2> �nd t�raph�cs ai��a�d survey reptts�ara fulty
incoroorated intn the Poway Svbarea F;ECP artd,pockef maps,�as appro�ed b�Gify StarM ,
�DF.G an� USFWS on A�gust 7,'E995: �� �
R'ecommenciafions -
7l�e;foflowing:';recommend2�oris as canfained�n ihe survey reporfs�hamve'beer��ncTuded{n
.�-.
�.m..._� �...��_ .�...w......,..._.
fhe HCP and pocket maps
9 Ligucn Ranch Property _
� ��' As depicted on Figvre'2 of tTie refated svrvey repo��fh2�o�[towir�g ar��Meas�sT'�a"1C be
considered for future developme[rt purposes� Agrtcultural Aresr Weedy ar�F2uderai -
,
or Barren and;Eacalypftis Woodland All other areas onsite cont�niiing h�8n;�ab�taf
valves and slopes of;45 percent and �bnve are tnclucled withiit the Btolog[caI -•
Linkage and Cqre Aca=a'(BCLA),and should be reiainecf as high biotogica(yai�ue o"�n
sp2ce at fhe time devetopm�ent;�applicatM ions 2re conside[ed tiy the.Cify� • J
2 John Liguon Property
�� As depicted on Fgu,re 7 of f�e retaied`s�rvey�ceparf;`t�h�e,pafotto�ng are�shall be -
considered for devetopme"nt purposes,,,�ion natrie,Gras�s(��s�a��S�u,Access}ona(
Sage.Scrub Alf other,areas of°the property should be�alC���vr��h�the�BC(.A a"s
�v�\�� <T...p��ey�,,..w2a+s•<nc.n. �.udi s �L�»i»� y"� � ... � @��.0'0�'
defiried undec'A��umber.:.� abo;e,conceming the� .a ch';Pro e _
Resolution No. 95-09i
� � �a 7
�.r .r�+
Exhibit A
Page 3
Paqe 7 3 paraaraoh 4 beainninq on line 1
The speciai development requirements apply to pubfic [a�; s and �private development
� �Tnt��t
projects located within the boundary of the RCA �H[itch� y�„on,�,�'��
� a e ' anag'emerif Au�fionz`a ion;perrr�r�or outs�de the RC in areas supporting nat�ve
vegetation.... -- —
Paae 7 9 oaraqraoh 1 beainnina on line 1
The following specific requirements shall apply to parcels of land located wiihin the
boundary of the RCA whlch at'e e[�pU6l�c"�yowned'�or.�or � i � eartng at,�,, eT"opme^a�
appr.oval"�has, eerr saughf�iR ret�ance,, uP�„o tf?e C?tY�,;;�,RC�denta�, TakelMarra�°��
Ai�ffionza�on perm�T�..�
�,�>��«,__.�..��..F.4�:
Paoe 7-�8 oaraaraoh 4 beoinnino on line 1_ -
2. .. . . _� .� �,.�•.,.,.. : �
__..,� _,,, ..a
� . _, � _ •~..
, •
� :.
F s ., � ^ �
'��
� .. L4...
� i.T . � s � r~ ..':�
�
' � ' a t..a s + a^^"^^ ,
a ., "
ac` �a '� } '� �., }~ r `' �R�1etS T[11�1� �ll B���5 S��q 2SSE552d ILI
r�...z m r,, a �a«..�.._..-- =
accar'dar�ce vr�th a fee sc�eduTe adopted by the C?ty�ourie l.Y
�.. ,<, .;��,� _a..,�,: _.,,w__ _< -..„� _
Map 3� Preserve Desion —
Various modifications to the Preserve Design map are also adopted as shnxm in the _
Preserve Design map dated August 15, 1995.
E:\C ITYIPLANN iNG\REPORTIHC P IA EXA
4esolution No. 95-097
Page 8 �
� �
EXHiBIT B '
PROPOSED CHANGES TO THE ^
DRAFT IMPLEMENTING AGREEMENT/
� CESA MOU � --
The following changes to the draft Implementing AgreemenUCESA MOU are shown with `
reference to pages as numbered in the June 1995 draft incfuded in Volume 2: Appendices .
of the Public Review Drafit-of the Poway Subarea Habitat Conservation PIaNNatural
Community Conservation Plan.
Page 7 end of �aravraoh 4
...the Poway Generai Plan and Paguay Redevelopment Plan ��s�[nsa�t �,q.�ce�s —
o�`fhe Plan s�aal] be aPplica6ie:taa(t pybifcproj.,, san ;�a eiE pr�vat�p5o�ts���,re„tE�e
��ya�e Propecty alvnerseeEcs ia rel,y an�he permits granfed.t�tha9,�ity�rt,con . on wizFi
ihe F[art and ifs assaciated �acaments`
Paae 11, oaraaraoh 4
A. Implementation of the PSHCP, �""n�-�"�e�"�ica,�ort��"er�aa�n��,�s,on,y<,, rads
� -
�peci�`"eclfor'riti2igafior�;fulfills the regio aT�bioi g cai�resource �mpaci mit�gat�on identified .
for Uie approved Scripps Poway Parkway Extension Project, and that additional mitigation .
is not required for impacts to Covered Species.
_
Paae �2, oaraqraoh 2 -
A. CDFG agrees that implementation of the PSHCP, anfi°�"e"�`�"�"caf►o��o ���cops;e.t�a�on, —
�YF :.rc:^x.suf�^'u._
easemen�s an Tands spec.�t��e�form'"i�`g�;fulfiiis the regional 6iologicai resource impact
m�tigation identified for ttie approved Scnpps Poway Parkway Extension Projec�and that
2dditional mitigation is not required for impacts to Covered Species.
Paae �2. oaraQraoh fi
E. CDFG shall consider adherence to the terms of this Agreement, the P{an, and the —
Management Autfiorization to be compliance with the provisions of the CESA, the NCCP
Act and �Et37� GES�
_ _...
Page 18 oaraaraoh 2 beainnina on line 10
�
...be submitted to��D,��SRAfS under the Plan;... �
� �
A:IHCPIA.EXB `
�.r � .
RESOLUTlON N0. R-95-22
A RESOLUTION OF THE REDEVELOPMENT AGENCY
�� THE CiTY OF POWAY, CALIFORNIA
ADOPTING THE.CITY OF POWAY
� SUSARFJa HABiTAT CONSERVATtON PLAN AND
COMPANION IMPLEMENTING AGREEMENT
__ WHEREAS, the City of PowaylPoway Redevelopment Agency {City), as the
applicanf, has prepared the'proposed City of Poway Subarea Habitat Conservation Pian
(Poway Subarea HCP) and companion Impiementing Agreement (IA) documents, and
WHERFAS, the subject proposed documenfs have been completed to comply with
2he requirements of the State of Califomia Natural Community Conservafion Planning
(NCCP)Act of 1991, the NCCP Process and Conservation Guidelines (NCCP Guidelines).
as adopted in November, 1993 by the Cal'rfomia Department of Fish and Game (CDFG) in
coli2boration with the U.S. Fish and Wildlife Service (USFWS); and the USFWS Federal
Endangered Species Act Section 4 {d) Special Rule for the "threatened" Califiomia
gnatcafct�er which is incorporated info the NCCP Guidelines; and �
WHEREAS, the subject documents have also been completed to satisfy the
approved regionai biological impact mitigation measure identified in the certified Final
Environmental Impact Repo�t(Stafe Clearinghouse # 93091118) for the approved Scripps
Poway Parkway Extension project, which requires the preparation and adoption of a City-
wid2 sub2rea habitat conservation plan; and
` WHEREAS, on August 15, 1995, the Poway City CounciUPoway Redevelopment
Agency held a duly advertised pubiic hearing in accordance with the provisions of the '
Califomia Govemment Code and the Califomia Environmental Qualiry Act (CEQA) to
consider the Initial Study/Proposed �� Negative Declaration, the proposed Poway � —
Subarea HCP, the companion IA, and associated approval actions including General Plan
Amendment, GPA 95-02; and � - �
� WHEREAS, at said public hearing the City Council issued the A�igaEe� Negative
- Declaration in accordance with the CEQA Guidelines and adopted a resolution approving
GPA 95-02, which adopted the proposed Poway Subarea HCP and companion'IA
documents, and amended the relevant Elemenfs of the Poway General Plan to incorporate
by reference such documents and the �equirements thereof; and
WHEREAS, the Poway Redevelopment Agency has determined that Agency
approval of said documents and compliance with the requirements thereof by all Agenry
_- redevelopme�t projects is necessary and appropriate in order to be consistent with the _. .
Poway General Plan, as amended by City Council approval of GPA 95-02.
_ WOW, THEREFORE, BE IT RESOLVED, that the Redevelopmeni Agency of ihe ' - '
City of Poway by adoption of this resolution, does hereby approve the following
actions:
+yr. ;,,�+Resolution No. R-95-22
Page 2 -
1. The Redevelopment Agenc.y finds that the approval of the Poway Subarea HCP
and the companion IA will not have a significant adverse environmental impact and -
hereby issues a PR+t+gale� Negative Decfaration pursuant to CEQA
2. The proposed Poway Subarea HCP, the companion IA, and the requirements -
thereof, are hereby adopted as if in full force and effecL
3. The Redevelopment Agency hereby finds that all projeds undertaken by the_
Agency sh�fi compTy with the requirements of the Poway Subarea HCP and the
companion IA as approved herein, and as approved in accordance with tfie City
Council resolution adopting General Plan Amendment, GPA 95-02.
APPROVED and ADOPTED by the Redevelopment Agency of the City Of Poway,
State of Califomia, this 15th day of August, 1995. ?'
�� � � ��'/L�%
Susan Caflery, Vice Chai�rnan -
ATTEST:
�,�� � ' / h, .r
l I Y,��'`i,.:t, 'Y J' �'��:L- �-
Marjorie fC Wahisten, Secretary
�
��
STATE OF CAUFORNIA )
) SS.
COUNTY OF SAN DIEGO ) —
I, Marjorie K Wahisten, Secretary of the Poway Redevelopment Agency,—do hereby -
certify, under the penalty of perjury, thaY the foregoing Resotution, No.R-95-22 , was `
duly adopted by the Redeveiopment Agency at a meeting of said Agency held on the
15th day of Rugust , �gg5, and that it was so adopted by the following -
vate: -
AYES: CAFAGNA, CALLERY, EMERY, REXfORD
NOES: N�NE '
i
ABSTAIN: NONE
' ASSENT: HIG6INSON �-
�� 1R. .�..c. � 7�'..t.-1�t�.. -
Marjorie (C Wahtsten, Secretary
Poway Redevelopment Agency
�
, � �
ORDINANCE N0. 449
� AN ORDINANCE 0� THE CITY OF POWAY, CALIFORNIA
AMENDING TfTLE 16 (LAND USE REGULATIONS CODE)
OF THE POWAY MUNICIPAL CODE
REGARDING REGULATIONS AND PERMiT REQUIREMENTS
FOR GRRDING, CLEARlNG, AND GFtUBBlNG
WHEREAS, the City Council periodicaily finds it necessary to amend Title 16 (Land
Use Regulations Code) of its Municipai Code in response to changing conditions within the
City; and
WNEREAS, on August 15, 1995, the City Council adopted a resolution approving
General Plan Amendment, GPA 95-02 and adopted an ordinance approving Zoning
Ordinance Amendment, ZOA 95-01, which adopted the City of Poway Subarea Habitat
Conservation Plan (Poway Subarea HCP) and the companion lmplementing Agreement
(IA) documents, and amended relevant elements and sections of the General PiG:= and
Zoning Developmenf Code to incorporate by refierence the subject documents and the
requirements fhereof, including the Compensation Mitigafion Strategy, Mitigation Ratios,
and Speciai Development Requirements; and
WHEREAS, the City Council finds that the Land Use Regulations Code of the ..
Poway Municipal Code should be amended to incorporate by reference the Poway Subarea
HCP,'the companion IA,- and the requirements thereof to maintain consistency with the
General Plan and Zoning Development Code; 2nd as required by Section 65860 of the
C21i`ornia Govemment Code; and
WHEREAS, a duly advertised pubiic hearing was conduded in accordance with _
Section 65853, et seq., of the Califomia Govemment Code and the California
Environmental Quality Act (CEQA) to consider the proposed amendments and to provide
interested parties the opportunity to address such.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Poway the
following:
ection 1:
- The City Counai finds that the proposed amendments to the Land Use Regulations
Code of the Poway Municipai Code wili not have a significant adverse e�vironmental -
impacf and hereby issues a AA+�ga�ed Negative DeGaration pursuant to CEQA.
a •
�Y�` r�►` '
�
Ordinance No. 449
Page 2 � '
ecti n : —
ps adopted by the City Councit resolution approving General Plan Amendmerrt, GPA
gs..p2 the ��ty of poway Subarea Habitat Conservation Ptan (Pvway Subarea HCP)
and campanionlmpleme�ing Agreement (IA) describe implementing requirements
that apply to a� public r�o�ects and to thoge private development projeds within the
City which refy<:U on�"Ehe';C�t ;s`Tnc�dentaf:Ta�_°.ana.�emen��SfF"'iorrze�oR°';�'ermif
� .. ��
Such requirements inGude, but are not limited to, a compensation miligation
strategy, mitigation ratios, and special development requirements. These __
requirements will apply to any°cn�,v""`""""""�erea�land use activity that impacts sensitive piant �
species, wildlife species, and assoc�ated natural habitats both inside and.outside the
established Resource Conservation Area of the adopted Poway Subarea HCP. AIi _
permit applications reviewed by the City related to �r-s'"'� ciearing,
� • �r�cleve`lop ne�Of�,7a��r��p��s sens�Stve
p ��� ;vv�i"'dGfe species;"andassociated'i�a�i'vral .abi�ats shall �+atliec comply
�237� .,... ��' ,x,:amc .a.. ;x+.rvw,r�>a s�axx,u>.�" -,—.n'14� .
with the adopted Poway Subarea HCP and companion IA o�fi.�ie?ri;, ra E
�utfiartza���theYCal�o�rna D�rtmer�,�,�`"��c�`�am.`"'e an��ie �SM�si�ac�d
�tV?dlife'Secv�ce prior 4o the issuance of such pertnits. �
e�.4..i.p .o. �..,: a::.:.<
ection 3: �
lAmendments to the certain sections of Titie 16 (Land Use Regulations Code) of the _
Pow2y Municipai Code as identified below are hereby est2blished and shall read as
follows: —
1. �HAPTER 16 41 - DEFINITIONS - - - -
The definition of "Implementing AgreemenY' shall be added as new Section --
16.41.445 to read as follows:
16 41 445 Imolementina Aareement (lAL `Implementing Agreement (1A)' y
means the legally binding agreement that specifies the responsibilities and
obligations of the Ciry of PowaylPoway Redevelopment Agency (City) to _
implement the adopted City of Poway Subarea Habitat Conservation Plan
(Poway Subarea HCP), as fully executed by the City, U.S. Fish and Wildlife
Service, and Califomia Department of Fish and Game.
The defini6on of"Poway Subarea HCP" shall be added as new Section 16.41.755
to read as follows: � - ' —
� e� �ss p�� S�a HCP. "Poway Subarea HCP" means the City of :
Poway Subarea Habitat Conservation Plany �
� �
Ordinance No. 449
Page 3
2. ��^+�^^ �6 43 010 Fnvironmentaf Review
Paragr2ph A of this section shall be amended to read as foliows:
16.43.010 Environmental review. A. Prior to the issuance of any permit
under this division, the City Engineer shail refer the permit application to the
Pianning Services Department for review and determination whether the
proposed grading and/or ciearing coufd have a significant effect upon the
environment or verification that the City Council, a commission or City officer
having final authority for project approval h2s adopted an environmental
impact report or other environmental clearance which considered the
proposed grading and/or ciearing or h2s determined that the project, which
' included the proposed grading 2nd/or ciearing, would not have a significant
e`ed upon the environment.
Fnor ta 2.h� Essvanc�afcany,permit vn��r�I�is cJ�v�sion�ar any �ropospa
clearsng �or �eveIopmenf 2iiat�wtli �mpact msensit�ve�pl2nt s� ies wildGre.
species, ;.and/or assoc:ate� nafuraf h2D�tats both,ins�d� and oUfsrcle fhe
esfabl�shed Resource�onservation�fir,ea ot theFadop�ed PAway 5�trar�
liCP, the;properEy owner sF�all e�kttecdernonsfrafe thh2f the pTapased�Eearir�g
I�s be�n;�u�onzed by tf'ie Caffomi�a Dep��i�men"t'ofFisMart�d Game znd the
LT S F�sh'and Wifctl�e Servsce or request reliance eipon tE�e �ity's' lncidentzf ..
� �::� � e� � � �� � �: x .
, T�ke1NlznagementRutE�onzatfon Perm�t and comp�ywitkr�� pro�sians a€
' the Poway Su�area FICP and companion fA��me�,nts pr��at#o�#fie�ss..uarce
ofsL^hpermtts � �M ��
Section 4:
The City Council of the City of Poway hereby finds that these amendments are
- consistent with the Generai Plan, Zoning Development Code, and the intent and
purpose of the Land Use Regulations Code.
EFFECTIVE DATE: This ordinance shall take effect and be in force Yhirty (30) days 2fter
the date of its passage; and the City Clerk of the City of Poway is hereby authorized to use
summary publication procedures pursuant to Govemment Code Section 36933 utilizing the _
Poway News-ChieRain, a newspaper of general circulation published in the City of Poway.
v.r 'rrr'
Ordinance No. 449
Page 4 _
Introduced and first read at a regular meeYing of the City Council of the City of
Poway heid the 15th day of August, 1995, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 5th day of Sevtember , 1995, by the
following roil call vote:
AYES: COUNCIIMEMBERS: CAFAGNA, EMERY, REXFORD
� NOES: CQUNCILMEMBERS: HONE
ABSTAIN: COUNCILMEMBERS: HIGGINSON
�
ABSENT: COUNCILMEMBER� ^ L
�-v._ `
Don Higginson, May '�
ATTEST: -"
~�Yl a.�;� � ���x-�. ,
Marjori, e K Wahlsten, City Clerk �
v
E:\C I'�YIPLANNlNG1REPORTW CPGRD.ORD.
� �
ORDINANCE NO. 450
- AN OR�INANCE OF THE CiTY OF POWAY, CALiFORNIA
AMENOING CERTAlN SECTIONS OF TiTLE 17
(ZONING DEVELOPMENT COOE)
OF THE POWAY MUNICIPAL CODE,
--ZONINS-0RDINANCE AMENDMENT, ZOA 95-01
� WHEREAS,tt�e City Council periodically finds it necessary to amend 'rUe 17 {Zoning
Development Code) of its Municipai Code in response to changing conditions within the City;
and
WHEREAS, on August 15, 1995, the City Council adopted a resolution approving
General P1an Amendment, GPA 95-02 which adopted the City of Poway Sub2rea Habitat
Conservation Plan {Poway Subarea HCP) and tfie companion lmplementing Agreement {IA)
documents, and amended relevant Elements of the General P(an to incorporafe by reference
the subjsct documents and the requirements thereof, inciuding the Compensation Mi6gation
Strategy, Mitiga6on Ratios, and Special Development Requirements; and
WHEREAS, the City Council finds that the Zoning Deveiopment Code of the Poway
- Comprehensive Plan should also be amended to maintain consistency with the Generai Plan
as required by Section 65860 of the Cafifomia Govemment Code; and .
: WHEREAS, a duly advertised public hearing was conducted in accordance with
Section 65853, et seq., of the Califomia Govemment Code and the Califomia Environmental
Quality Act (CEQ,4) to consider the proposed amendments and to provide iniarzstsd parties
the opportunity to address sucti. —
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City o�'oway the
foliowing:
ti n 1: .
The City Council finds that proposed Zoning Ordinance Amendment, ZOA 55-01 wiii
not have a significant adverse environmental impact and hereby issues a AA'+�g�e�
Negative �ecfaration pursuant to CEQA.
Section 2
As adopted by the City Council resolution approving General Plan Amendment, GPA
95-02, the City of Poway Subarea Habitat Conserva6on Plan (Poway Subarea HCP) _ _ .
and companion Implementing Agreement(IA) desaibe implementing requirements that
apply to [ public . �e and �C� private development projects within the City
�i '�° s c� et� ai�• :8 a o e
� �
Ordinance No. 450
Page 2 _
Such requiremertts inciude, but are not limited to, a compensation mitigation sUategy,
mitigation ratios, and special development requirements. These reGuirements wiil _
app�y t� any co, eddevelopment project that impacts sensitive plant species, wildiife
species, an�assoGated natural habitats both inside and outside the established
._ .--� --- „�� �....,, .._„ .....,
Resource Conservation Area o�s a�apte�aF'�ow�,uya�u�a,r�e� �.��C� • �-�
_ __ _ _ _ , . „+. , -— -
,
, •
e ion :
Amendments to the certain sections of Title 17 (Zoning Development Code) of the
Poway Municipal Code as identified below are hereby established and shail read as
follows:
All pubiic proj�ecfs;and private development projects within the jurisdicti�n of ths
City that have the potential to adversely impact sensi6ve plant species, wildlife _
species, and associated naturai habit2ts shall e�Iher:�mons�'a�e�th� any
r.e�novaT,ofi"habitat assoctatad�°`vv�th t�e:prgposed„�evei�opmecrt �as ��r�,
�..a
�ufhanzed by the�alifarrua Oep„�at,triient��isxh`and�Ga£�an�dlh�e�i3 S�Fs€� _
K::
�nd UYldffe Service��t . comply with Uis adopted Poway Subarea Habitat
, .:,,;.w...;...,,.�,> .,..�:,..�.�.....,:
Conseivation Plan, the companion 1mplementing Agreerent, and the --
requirements thereof including the Compensation MiUgation Strategy, Mitigation
� Ratios, and Special Development Requirements.
The following sections shall be amended to include this language:
Residenti2l Zones: Section 17.08.180, Property developmeni standards — Special
requirements. Add amendment Ianguage as new requirement (U.).
�ommercial zones: Section 17.10.140, Proparty development standards — Speciai --
requirements. Add amendment 12nguage as new requirement (K.). ,
MHP Mobile Home Parfc Zone: Section 17.16.050, ProGerty development standards —
Special requirements. Add amendment language as new requirement (0.). _
�RD Ptanned Residential Develooment Zone: Section 17.18.040, Property
development standards — Special requirements. Add amendment language as new � ,
requirement (L.). "
PG Planned CommuniN Zone: Section i 7.20.040, Property development standards — . _
Special requirements. Add amendment language as new requirement(C.). �
� �
ordinance No. 450
Page 3
HC Hos�ital Camous Zone: Section 17.21.050, Property development standards –
General requiremenfs. Add amendment language as new requirement{W.).
PF Pubiic Facilitv Zone: Sec�on 17.22.070, Property development standards – Special
requirements. Add amendment language as new requirement (J.).
nS-R Ooen�oace-F.iecreation Zone: Section 17.23.070; Property development
s`andards –Special requiremenLs.Add amendment language as new requirement (L.).
nS-RM O�en S�ace-Resource Manaaement Zone: Section '17.24.070, Property
development standards – Speciai requirements. Add amendment language 2s new
requirement (B.).
ection 4:
The City Council of the City of Poway hereby finds that these amendments are
consistent with the General Plan and the intent and purpose of the Zoning
Development Code.
ErFECTIVE DATE: This ordinance shall take effect and be in force thirty {30) days after the
date of its passage; and the City Clerk of the City of Poway is hereby authorized to use
summary publication procedures pursuant to Govemment Coda Section 36933 ufilizing the
Poway News-Chieftain, a newspaper ofi general circulation published in the City of Poway.
� Intraluced and first read at a regular meeting of the City Council of the City of Poway
held the 15th day of August, 1995, and thereafter PASSED AND ADOPTE� at a regular
meeting of said City Council held the 5th day of Se�tember , 1995, by the foUowing roll —
call vote:
AYES: COUNCILMEMBERS: CAFAGNA, EMERY, REXfORD
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: HIGGINSON
ABSENT: COUNCILMEMBERS: CALLERY
1
Don Higginson, M o -
ATTEST:
` �"10-�:.c � Jn�a�kXf".�. - - -
Marjo e Wahlsten, City Cie�lc
E:1C ITYIPLAN N IN GIREPO R1IHCPZOA.ORD
� �
SPECIES FOR WHICH SECTION 10(a) PERMITS AND 2081/2835
MANAGEMENT AUTHORIZATIONS ARE REQUESTED*
Common Name Scienti�c Name **Status
San Diego thom-mint Acanthomintha ilicifofia Cl/CE
Encinitas baccharis Baccharis vanessae PF/CE
----Slen�ei-podjewelfl9�er _ Caufanthussrenocarpus - –C3/Gi�
Lakeside ceanothus Ceana[hus cyaneus Cy
Summer-holly Comarostaphylos diversifolia spp. C21
diversifolia
Palmer's ericameria Ericameria pa(meri spp.palmeri C2l
" San Diego baciel cacrus Feracactus viridescenr �
" Heart-leaved pitcher sage Lepechinia cardioplrylla Cv�
Willowy monudella MonardeUa linoides spp. viminea C210E
,_, San Diego goldenstar Muilla clevelarrdii �
Nazrow-leaved nightshade Solanum renuilobarum C7J
Arroyo southwestem toad Bufo microscaphus californicus FFJSSC
Califomia red-legged frog Rana aurora drayrond PFJSSC
Southwestem pond turt(e Clemmys marmomta paliida /SSC
San Diego homed lizazd Phrynosoma coroncuum blainvillei CZ/ _
Otange-throated whiptail Cnemidopharus hyperythrus beldingi C2ISSC
Grahite spiny lizazd Sceloporur arcutti LC �
Coastal westem whiptail Cnemidophorus rigris mulriscutarus CZ/
Silvery legless lizard Anniella pulchra pulchra C2/SSC —
Coronado Island skink Eumeces skilronianus interparietalis C21SSC
San Diego banded gecko Coieonyx variegatus abbonL C2
Coastal rosy boa Zichcv�ura trivirgata roseofusca C7l
Coast patch-nosed snake Salvadora hexalepis virgulrea CZ/SSC
San Diego ringneck snake Diadophrs purecrarus similis C2l
Two-striped garter snake Thamnophis hvnmondi C2l
Northem red diamond rattlesnake Crotalus ruber ruber C2ISSC _.
Bald eagle Haliaeetus leucocephalus FIYCE
Northem harrier Circus cyaneus /SSC
Swainson's hawk Buteo swainsoni /CT - �
Ferruginous hawk Buseo regalis C71
, American peregrine falcon Fako peregrinus FFJCB . .- -
Coopers hawk Accipitercooperii /SSC
Golden eagle Aquila chrysaeros canadensis BEPA/SSC
� �
Table 1-i (Continued)
SPECIES FOR WHICH SECTION 10(a) PERMITS AND 2081/2835
MANAGEMENT AUTHORIZATIONS ARE REQUESTED* _
Common Name Scientitic Name **Status
Southwestem willow flycatcher Empidonas iraillii FF/CE
Califomia gnatcatcher Polioptila califomica californica FT/SSC
Least BeIPs vireo— — Vireo bellii pusillus FFJCE
Califomia rufous-crowned sparrow Aimophilia ruficeps canescens C7J
Coastal cacros wren Campylorhynchus brunneicapillur couesi C3B/
Burrowing owl Athene cunicularia C2/SSC
Tri-colored blackbird Agelaius tricolor C2/SSC
Dulzura California pocket mouse Chaerodipus califarnicus femoralis C2/SSC �
Northwestem San Diego pocket Chaetodipusfallaxfallaz C2/SSC
mouse
American badger Taxides taxus /SSC
'Permits Requested
• Pem�i[for take of federe0y listed species under Safion 10(a)and 4(d)of the Endangeted Speciu Acc
• Management Authorization for take of state-listed species under Section 2081 of the Califomia Fsh and
Game Code and the Califomia Endangered Species Acc
• Includes prelisting pemtits and agreements for ihose species not listed az threatened or andangered by the ��
State of Califomia or the USFWS. ,_ --'
•• tatus(Feder�/SLtel � . '
FE=Federa]ly endangered. C3=Cazegory 3 candidate for federal lisung. -
PE=Proposed for federal lisdng as endangered. CE=State endangercd.
Ff=Fedecallv[hrearened. CR=S[ate rue.
PT=Pcoposed for federal listing as threatened. Cf=State thceatened. —
CI =Category P candidate for federal listing. SSC=Sta[e Species of Special Concem
C2=Former Category 2 candidate for federal Gsring. - - –
Note: Additional species may be added to this list upon collection and analysis of new data for the region.
� � April 19, 7995
MULTIPLE SPECIES CONSFRVA]'JON PROGR.4M
COVFRFD SPFC/ES L/S�
SPECIES STATUS RATlONALE FOR FIND[NG
PL11NT3 � ' < ro - -
- - San Dieoo Thom-mint -= C1/CE - Adequately conserved with taxtcFarification-
that apecies wili be 700% conserved within
7096 conserved ereas and with conservation
of a viabfe popularion on Otay Ranch
Shaw'a A4ave none Ade4uataiy consarved
` San Die90 Ambrosia C2 Adequately conserved with implementacion
` of popufation manapement on Mission Trals
perk
Aphanisma CZ AdeCuately conserved for MSCP' -
Dei Mar Manzanita PE Adequately conserved 'rf preserve desipn
issues in neiyhborhood 8A ere resolved.
Otay Manzanita CZ Adequately conserved
Coastal dunes milk-vetch CtlCE Adequately conserved for MSCP'
Encinitas baceharis PElCE Adequately conserved -•
• Thrgad-leaf brodiaea C1/CE AdeCUately conserved for MSCP: species
primarily occurs in Multiple Hahitat
Consarvation Planninq area
Orcutt's brodiaea C2 Adequately conserved for MSCP; not —
covered for San Diepo if permit ia severed
from MSCP.
Ounn's mariposa lily C2/CR Adequately conserved
_ ' Slenderpad C2/CR Adequatety eonserved
jewelflower
Lakeside ceanothus C2 Adequately conserved
' Wart-stemmed ceanothus C2 Adequatety conserved if preserve desiqn
issues in nei9hborhood SA are resolved. Not
covered for San Diego if permit ia aevered
from MSCR
Salt marsh birds-beak FE/CE Adequetely conservad2
� � . .
MSCP COV£ttEp SPEClES LlST �
SPECIES 57ATUS RATIONALE FOR F1NDlNG
OrcutYa birds-beak �2 Adenuataly consarved if preserve desipn '"
issues on Otay Ranch are ruoived
Del Mar Mesa sand aster p'� AdeQUately conserved it presarve desipn
issues in neiphborhood SA are resolved .
Tecate cypress C2 AdequateiV eonserved
Shott-leaved dudieya PE/CE Adequately conserved if precerve desiAn
issuss in neiqhborhood 8A are resolved
' Varieqated dudleys C2 Adequately conserved 'rf preservs desipn
issues on Otay Ranch ere resolved
Sticky dudleya C7 Adequateiy conserved
Palmer's ericameria C2 Adequately conserved
San Diego button-celery PE/CE AdeQuately conserved if vernaf pooi issues in -
Sprinfl Canyon area are resolvedz
Coasc wailfiower �2 Adequately conserved tor MSCP'
San DieOo barcel cactua C2 AdeQUately conserved
' Otay tarplant C2lCE AdequatelY consarved if proservs desipn
issues on Otay Ranch �nd San Miguel are
' resoived
Heart-leaved pitcher sage C2 Adequately conaerved
Gander's D�tcher sage C2 AdeQUatelv eonserved ^
Nuttall's lotus C2 Adequately conserved for MSCP'
W,fiowy monardetla C2/CE Adequateiy conserved for MSCP if protected "
in Marron Valiey'
' San Dieflo qoldenstar C2 Adequately conserved _
• littla mousetaii C2 Adequately conserved if vernal pool issues in
Spri�p Canyon area are resolved= -
' Prostrate navarretia C2 Adequately conserved if vernal pooi issues in
Sprinp Canyon area are resotvedZ
Dehesa bear-Qrass �1/CE Adequatefy conserved �
• Species thet were not requested to be covered under MSCP - - •
2 —
� ��r �
• MSCP COVfRED SPECIES UST
SPECIES STATUS RATtONAtE FOR F1NDfNG
Snake cholia C2 Adaquately conserved for MSCP; not
covered for Sen Diepo if permii is severed
from MSCP
' Califomia orcutt grass PE/CE Adequately Conssrved ii vamal pool issues in
~ "— Sprinq Canyon area aro resotved'
Taney pine C2 Adeqnatdy eonsaved
San Dieqo mesa minc PE/CE AdeCUataly eonserved tor MSCP"
' Otay mesa mint PElCE AdequatelY eonserved if preserve desiqn
iuues on Otay Mesa an resolvad=
Small-Ieaved rose CE Effecn of MSCP ort speeias eonsidered
in5iqnificant
Gander's butterweed C2/CR Adequstely conaerved
• Narrow•leaved nightshade C2 AdaQUately eonserved if preserve desifln
issues on Ony Ranch are resoived
• Parry's tevacoccus C2 AdequatQly eonaervtd
• Oense reed gresa Adecuately eonserved •
• Pel�leaved momrdeila Adequateiy conserved
' San Mipue( savory Adequately conserved
• Nevin's barberry Adequstely conaerved —
_ .... . , ,,_, ,n _..._,.
w
ANIMALS " � ""° " '.'-� °_ x :-c_. _
.
�' " �.. �-�.'—.-...._ _---=-^ -•-==•-......
--- .--.� .w.,, . --......_.� _...�
Sait marsh skipper C2 Adequateiy eonsen+ed2
Thorne's hairsueak butterFiy PE AdequatefY conserved
Riverside fairy shrimp FE Adequately eonserved if vemai pool issues
are resolved=
' San DieAo fairy shrimp PE AdeCUataIy eonservad if vemal poo! issues
are resoived=
• Arroyo southwestern toad FElSSC Adewately cronserved
• Species that were not requested to be eovared under MSCP �
3
+�rr �.r� .
MSCP COVERED SPEClES LlST �
SPECIES STATUS RAT1011FALE FOR FiNDING
' Cafifornia red-iegged fro9 PEISSC Effacu of MSCP on apeoies consideretl
discoiuttabis
' Southwestem pond turUe SSC Effects of MSCA on species considered
insipnfiant
San DieAO homed lizard C2 Adequateiy eonserved
Orange-throated whiptail C2 Adequately canserved
California brown pelican FE/CE Adequatsly conserved2
�
Reddish egret �2 Adequataiy conserved'
White-faced ibis C2 Effecta of MSCP on apecies considered
insiqnifiwnt=
Canada poosa none Effects of MSCP on species eons�dered
inaipnificant
Bafd eaO�B FE10E Adequately conserved
' Nor�hern harrier SSC EfFeets oi MSCP on apecies eartsidered -
insiqnificant
• Coopers hawk SSC Adsquately conserved
' Swainson's hawk CT Effacta of MSCP on spseies considered
insigni�cant
' Ferruginous hawk C2 Effect: of MSCP on speeies conaidered —
insign�cant
• Golden eapfe BEPA! Adequately conserved with eonsarvation of
S5C additionaf prasslanda —
• American peregrine falcon FE/CE Effecu of MSCP on speciea considered
insignificant
liqhc-footed clapper rail FE/CE Adequatety conserved2
western anowy plover FTl55C Adequately conserved tor MSCP'
Mouniain piover C2 • Effecta oi MSCP on species considered
insignificant , .
• Species that were not re4ueated to be covered under MSCP ' —.
4
. ,
w.r �..►'
MSCP GOVFqED SPEClFS L/S7 �
SPECIES STATUS RATIONALE FOR FINDiNG
' Long-billsd curlew C3lSSC EffecLS of MSCP on species considered
insignificant=
Elepant tem C2 Adequately conserved
Cafifornia least tern -- � FE/CE Adequately conserved'
' Western 6urrowing ow! C2/SSC Ades�uately conserved for MSCP with
conservation of additionai grasslands;
covered for City of San Oiego with
a
conservation of prasstands and a9ricuiturel
lands ihat are compatibie with burtowing
owls in San Pasquat Valley and Sptinp
Canyon Area
Southwestern willow flycatcher FE/CE Adequately conserved with implememation
of cowbird managsment�
• Coastai cactua wren SSC Adequately conaerved if preserve design
issues on Oiay Ranch are rasoived; habitat
restoration would be a necessary component
of manaqement
California pnatcatcher Ff/SSC Adequately conserved if preserve desi9n
issues on Otay Ranch a�e resoived
:
' Wes'tem bluebird ' None Effects of MSCP on species considered
insiynificant
Least Bell's vireo FEICE Adequately conserved with impfementation —
of cowbird mana9ement2
California rufous-crowned C2 Adequately conserved �
sparrow
Beiding's savannah sparrow C2/Cc Adequately conserved=
large-bif{ed savannah sparrow C2 Ade4uately conserved=
' Grasshopper sparrow none Adequately conserved H praserve design
! issues on Otay Ranch are resolved and with
conservation of additional grasslands
Tri•coiored biackbird C2 Adequateiy conserved= �
• Speciea tbat wero not requasted to be covercd under MSCA ' ' '
5
�„r �r
MSCP GOVfRED SPEGES UST
SPECIES STATUS RATiONALE FOR FINDING
• American badger S5C Eifects of MSCP on species considered
insipnificant
• Mountain �ion ENecta of MSCP on species considered .
insiqnifiCant
Southern mule deer pame Adeqwtsly conserved
species
' lmportant habitat for this apeCies occurs on property owned by the Department of Defense �
or other Federal agency. The Service will dddress ihis issue with the appropriately involved
Federal apency to ensure adepuate protection on Federal vroperty.
' Habitat under the jurisdiction of the U.S. Army CorDS of Engineers ia presumed to be
maintained lno net lossl. Projects wishin suitable habitat will be snbject to all existing State
and Federal reflulations, inctudinp section 7 of the Endanqered Species ACt, es apDropriate.
Definitions:
Adequately Conserved: Tha overali benefits of the multiple-apecies Aianninp eftaK to the naturai
ecosys2em wili provide for the species that inhabit that ecosystem.
I�significent effect: An effect that qannot meaninpfulty be detected, measured, or evaluated
relative Yo ihe species' status as a whole.
Discountabie effect: An effect that would not reasonabty be expectad to occur.
• Speeias thet were not requested to be covered under MSCP —
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NO SURPRISES
ASSURING CERTAINTY FOR PRIVATE
� LANDOWNERS IN ENDANGERED SPECIES A '
H�BTT�' CONSERVATION PLANiVING
' U.S. FISH AND WILDLIFE SERVICE
NATIONAL MA:RINE FISHERIES SERVICE
� AUGUST I 1 , !994
•The Cor,ur,uree l,uends that rhe Sccrerary mvy arilize rhr.r pmvLrion (on
HCPsJ to approve co�rservation plrrns which pruvid� lun�,>-�rrnt commimrents
ngar►�ing the cortservadon nf Iiu� ar ►,�ll ru unlrsrrrl ,v/krirs and lvng-rer�n
•` asszrrer�cYS to the proponent ojdic eonsen�arInn plan rhur rhe trrnrs of rhe plan
wi11 be aa�end to ond rhat fu�sher mitigarion requlnmenrs tivrll only be tmps c�.�
ta arxordonce wlth du terms of rhe plon. In rhr �vcnr d+a� un unlisted species
vddm,tsed ix cn approved cronservaion plvn is suAsequonrly li�rrd pursuanr to the —
�lt1,no�iuTher m{tlgarion tequtrvneaJS thould Gr imprutd rf�ha consa+varinn plan
cddrtssed tiu tatservctlon of the species and ttc hnhirca es if Ihr sprcies wern -
listed p+rrsuont to the AU.
'It ts also neogniZed thnt circumstantes anJ injormuriun nrtry chanRe ovct •
tlm� end that the orlgirral plan might aeed ru hr rcvi.rcil. To uddrrss !lris
struation the Comm�rtee erpects thar any plun appmvrd fru• cr lunk-rcrn� prrmir
wi1T Cp7ttoilt C Plocedure by whrCh the prtni�•s +vil1 d�•ul wi�lr unjn�esecr. . _
Cirtttmrtances.'
X. Rep, No. 835, 97th Corsg., 2d Sess. 30-31 (1982)
:' (1982 ESA A�ntndmerus Co�J`enuce Report) .. .
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•PiJRPO5E: �
The p�upose of this policy is to provide dssu�arscrs to non-federa! landowners partiepating in _.
�bqtac Cansdvztion p]anttiag (FICP) that no aEditional land restrietions or finanCial
compeasanon will be required from an HCP permittee for speties ulequately covered by a
pmpafy funetiossing HCP in light of unforeseat or extraordinary eircumstances.
SUppLF.MEI�TAAX iNFORMATION:
The HCP proccss uaQei' the Endangessd Species Act (ESA) promuees endangered spxies
consesvadoa and habimt protection within the context e�f land usc or dcvelopment. Where
approyriatt, HCPs contrlbutt to the long-terrtt conservation of f�erally listed and unlisted
species, whilo providing predictabiiity and economic stability for non-fedcrai landowners. _.
Species reccivc a variety of benefits under a property iunctioning HCY. Pavate financial - �
resources supplement limited federal funding, essen[ial habi�ac areas arc ofte++ Rreserved or
manayed differently, and oomprehaisive wnsrnation progrants are drveloped and pmmpdy
implemented. A2though (aadowners must uldmatdy demonslrate that a species has heen covered -
ulequately under aa FiCP, the major ben�� from the i�CP prvcas from thc perspadvo of the
devdopment community or land m'"=ger is eertainry. !n e:changm for adherence to loag-term
cAnserration cornmitmcnts, an HCP permiuee is pruvidu3 as�-�innce lhat devetopment or land __
vse may mwe foiwazd despiu the incidental taking of proterttd species. _
Signifieane development prajecu ohen take many years to complece, therefore adeqvate ..
yssu�aaxs muy�t be made w the financial and dcvelopmmtal comnwnities tl�at an HCP pamit
will remain valid for the lifc of the projst. In autinorizing the HCP procr.ss, Congross —
Kcogniud that, within the constrainu of the best available seientitic information, pumits of 30
years or more may be nec�ssaCy to trigger tong-term privaie sector funding and land use _
commicments for species consavation. Congress also reco�nized that circumstances may change
m,u rim�� generaang pressure to rxontider the mitigation commitments in an HCP agsr.emcnt. _
pf�n refe�scl to as •unforeseen" or extraordinary circumstances, Congress intended tna[
addidonal midgauon requiroments not be imposed upon an HCP permitcee who .has fully .�
impiemrnted his or her conservaaon commitments except as may �e provide8 tor under the
terms of the FiCP itself. •
POLICY: -
Tn negotiating "unforseen circumsranccs` provisions for HCPs, �he FWS shall noc requirc the
cosnmi[mdit of additionat land or financl&1 eompznsation beyond tlie level of mitigarion which
was othmyise adequaocty providal for a species uoder the �erms oi a properly functioning HCP. � :
Morcover, FWS shall not seek any other form of additional mitignrion from aa HCP permittce '
except under extiaordinary circumstanccs.
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A. Genetal Ass�uancrs Provided to Landowners
+ If additional mitigation measucrs a� subscqucndy Jcemed necessary to providc for the
conacrvation of a species that was othcrwise adequaiely covered under che terms of a
pmpa�ly fuactoning HCP,�tl�e primuy obligarion for xuch meuura shall not rest with
. the HCP pamitta.
s if exuaordinary cireunutaaces watixnt Ne requiremen[ uf additional mi6gation from an
IiCP pensuttee wR3'ts in campiiancc with the HCP's obliganons, sueh miagabon snall
limit changes m the originsl terms of the HCY to �hc maxiuu�m extont possible arid shall
be limioed co modificadons within Conserved Hx4i[at areas or [o the HCP's operacing
consavatioa prog:am for the affuted spccics. Addi�iona] mitigation requuements shall
aot involve the paymmt of additianal compensation or apply a parcels of land available
� for devclopment or land management under the uriginal tcrms af lhe HCP witho�rt the
' con9ent of ihe HCP permiUx. PWS ntains the right, xs auchorized by secrion 5 of the
ESA, tn acquire endangered or thrracened species habitat by purchase when additional
conservaCOn measures are aecessary for a listed specien included under an HCP,
• FWS sha11 not stek additio�al nsiligation for a specirs from en HCP permiuee where thc
terms of a pmperiy functioning HCP agreement werc design��ct to provide an overall na
benefit for that paztieular spe�i�c and eontained measurable criteria for she bialogical
succrss of the HCP which have ban or aze beiny met.
S. Aerermination of Ex�aordinary Circumstances.
� FWS shall have the burden of demonstratinE tha� such ex�raorQi�wy circunutances exist,
ueiag the best aeieatific sad commereial data av�ilable. I'WS findings must be ciedrly
docum�nted and basr�upon teliable trrhnical inforn�ation regarding the status and habitat
requirements of the affe�ted species. _
Y Ia dxiding whether any acvaordinary cireun�stances exzst whieh might warrant requiring
additional miDgation from an HCP p�rmittee, [he FWS shail Consider, but notTe limited
to, the following facmts:
- the size of the curreat rangc of thc affcoced species
- the petcentlgG Of range adversely affected by the kCP �
- the percentage of sange consmed by thc HCP
- the ewlGgical sigsuficance of that portian of lhe range affected by aa HCP ,
- thc levd of knowledge about the affected s�xcies anA che degree of specificity of _
the specia' conservation progiam under th� HCP
- whether the TiCP was originally designed io provide an overall ne[benefic co che
afFxted species and contaiaed mea:urablc criuria Pot assasing the biologiral
wccess of the HCP `"
- wherher failurc co adopt additionai conservasion meaxires would appreciably
iedua the likeIihood of survival and rxovery oC thc afFxted species in the wild
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C. ADDTTiONAL CONSERVATION AUTHORITY _
• Nothing in this policy a6all be conscrued to limit ur constrain FWS or aay other �'
gOVemmEntsl agency fi0m tlling any additional actiona et its own cost with nspect to .,,
Ute consavafion ar enhanxmenf of a species whic�h is ;ndudecl under an HCP.
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