HomeMy WebLinkAbout1991-12-10; City Council; 11465; LETTER TO STATE OF CALIFORNIA RESOURCES AGENCY REQUESTING ENROLLMENT OF HABITAT MANAGEMENT PLAN IN NATURAL COMMUNITY CONSERVATION PLANNING PROGRAMv -- .
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TITLE: Letter to State of California Resources Agency DE
cn sa - Requesting Enrollment of Habitat Management
Plan in Natural Community Conservation Planning DEPT~PLL- Program. C1.l
RECOMMENDED ACTION:
By motion, authorize the Mayor to sign the attached letter requesting enrollment of I
Habitat Management Plan in the State of California Natural Community Conservat
Program.
ITEM EXPLANATION
As described in previous reports, the City is in the process of developing a Habitat h
Plan (HMP). The HMP is intended to address species listed by state or federal
endangered or threatened, as well as species that are candidates for listing. The
program is to get away from the reactionary approach to loss of wildlife habitat i
a proactive, forward planning approach.
Governor Wilson has proposed a similar approach to be employed statewide. Tc
governor's new program, Assemblyman David Kelley sponsored a bill (AB 21 72)
mechanism under state law for such proactive planning. The bill has been pa
legislature and signed by the governor. The new program is called Natural
Conservation Planning. It calls for state, federal and local government, property
other interested parties to join together to produce Natural Community Conser
(NCCPs). A summary of the program provided by the state is attached (exhibit :
The initial focus of the program will be on coastal sage scrub habitat, in recogr
proposed federal listing of the California Gnatcatcher. Guidelines for the preparatic
are being developed by the Department of Fish and Game. Other features of the NC
include a scientific review panel and a steering committee. At the present time
committee does not include representation from the San Diego County region. 1
letter to the state Resources Agency Director requests that a local government re
from this region be appointed.
Agencies wishing to participate in the NCCP program must request enrollment
program is fully operational, areas that are not included in an enrolled NCCP may t
different set of state-imposed requirements than enrolled areas (e.g. different miti
or state-imposed planning boundaries). Since the NCCP program is consistent wi
HMP, it would be appropriate for Carlsbad to be the first, or one of the first, to bt
the state. The attached letter will accomplish this.
EXHl BITS
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Letter to State of California, Director of Resources Agency
Concept Paper on Natural Community Conservation Planning
I
November 7, 1991
Mr. Michael Mantell
Undersecretary
Resources Agency
1416 9th Street, Room 131 1
Sacramento, CA 9581 4
Dear Mr. Mantell:
The purpose of this letter is to request your attention to and action on two items of importa
to the City of Carlsbad. These matters are:
1. Enrollment of the City of Carlsbad’s Habitat Management Plan as a Nat
Community Conservation Plan (NCCP).
Composition of the NCCP Steering Committee. 2.
Habitat Management Plan
The City of Carlsbad has undertaken a comprehensive Habitat Management Plan (HMP) for
40 square mile city. The Carlsbad City Council is proud to request that you formally recogr
and enroll the Carlsbad HMP as the first (or among the first) Natural Community Conservat
Programs (NCCP’s) in the state. I understand that you have been briefed on the HMP on sew
occassions, but I will take the opportunity to reiterate that in committing to the HMP our city t
placed a primary focus on preservation of biodiversity and the integration of wildlife and hab
preservation and management into all of our plans.
The Department of Fish and Game already sits as a member of the HMP Advisory Group, i
we wish to formalize that relationship by developing an Initial Agreement with the Departmen
the earliest possible date. There is no doubt in our minds that the HMP and NCCP are entir
consistent efforts. City staff has identified the following list of obvious consistencies:
1. The HMP will develop and implement a system of interconnected habitat/wildlife presen
and corridors to guarantee bio-diversity in a large portion of Carlsbad. A ba
philosophy of the HMP is that it be based on the best science available.
The HMP has been undertaken by a public entity, the City of Carlsbad.
The City has appointed a comprehensive Advisory Group to review, advise, and rea
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I ZOO Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
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consensus on the HMP. The Advisory Group includes broad representation from IC
government, environmental groups, building industry, special purpose entities, and 01
interested parties.
The California Department of Fish and Game sits as a member of the Advisory Group
does the U.S. Fish and Wildlife Service.
The Work Program for the HMP is '?front end loaded" so that critical habitat and land
data are collected and analyzed early on. Consequently, by early 1992, a draft pres€
system will have been delineated. This schedule assures that critical concerns
coastal sage scrub preservation or California gnatcatcher management are addressel
a timely fashion.
The HMP Work Program is comprehensive, including good quality science, land i
institutional arrangements, a financing strategy, and an overall implementation plan.
Carlsbad proposes to enter into an agreement with Fish and Game to address
planning process.
The HMP is coordinating its activities with other habitat plans in the San Diego reg1
both directly and through SANDAG.
The HMP is intended to meet the regulations of the California and Federal Endange
Species Acts.
The HMP will comply with CEQA.
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Composition of NCCP Steering Committee
The members of the Carlsbad City Council wish to express our collective concern regarding
composition of the NCCP Steering Committee, particularly the fact that there is no representa
from the San Diego County region. This ommission is significant because of the key role 1
Carlsbad and other cities in the region will play in the ultimate conservation plan for coastal si
scrub. Approximately one-third of the remaining Coastal Sage Scrub Habitat is located in
San Diego Region. Carlsbad is actively working with other cities, the County of San Diego, i
SANDAG, and we are making great progress in our planning efforts. The Carlsbad City Cou
believes that the key role of the San Diego region in this process should be recognized form
by appointing a representative from the City of Carlsbad or other representative from the reg
to the Steering Committee.
Thank you for your attention to these important matters. I hope to hear from you soon ab
initiation of the enrollment process. Please do not hesitate to contact Don Rideout of the (
staff (61 9-438-1 161 Extension 421 2) if additional information is needed from us.
Si n.ce r e) y , fi$ji<LY[/ 7 &(; c,'r
CLAUDE A. LEWIS L
Mayor
a m
c: Assemblyman Robert Frazee
State Capitol
Sacramento, CA 95249
Assemblyman David Kelley
Attn: Nancy Lucchesi-Newbill
State Capitol, P. 0. Box 942849
Sacramento, CA 95249-0001
Carol Whiteside
Assistant Secretary
Intergovernmental Affairs
The Resources Agency
1416 9th Street
Sacramento, CA 9581 4
Peter Bontadelli
Director
California Department of Fish and Game
141 6 9th Street
Sacramento, CA 9581 4
Susan Cochrane
Chief
Natural Heritage Division
Department of Fish and Game
1416 9th Street
Sacramento, CA 9581 4
Glenn Black
Environmental Services Supervisor
Natural Heritage Division
330 Golden Shore, Suite 50
Long Beach, CA 90802
Jeff Opdycke
U. S. Fish and Wildlife Service
24000 Avilla Road
Laguna Niguel, CA 92677
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Concept Paper
NATURAL CO M M U NlTY CONS ERVATIO N PLANNING :
A PARTNERSHIP TO CONSERVE CALIFORNIA ECOSYSTEMS
Revised - 6 October 1991
PREAMBLE
California landscapes are known worldwide for their natural beauty and \
of resources that are a source of enjoyment and sustenance for humankind
biological diversity is rivalled by few other wild places on the planet, ai
ecological services these natural systems provide the State are critical to OL
long-term health and survival. Water and air purification, protection from soil E
and genetic diversity of native species with potential for use in agricultural, me
and industrial applications are just a few of the natural assets of California ecosl
and the species and natural communities they support.
The natural diversity of California includes the full variety of life in the 5
the species of indigenous animals and plants and the natural environments upon
they rely. Threats to the continued existence of these living natural resourc
varied and increasing: Habitat destruction, overuse for commercial or recre
purposes, disease, competition from exotic non-native species, et (
Two-hundred thirty-six (236) species are currently listed by the State or F
governments as endangered or threatened with extinction, and some leading scii
suggest that over 600 more species meet the same definitions. The loss of I
vegetation communities such as riparian woodlands along streams and rivers, m
oak forests, coastal wetlands, native prairie grasslands and Mediterranean c
sage has occurred at astounding rates in the past century. With the pace of I
population increases quickening, decisions made in the next ten years will be 1
to the outcome of natural resource conservation in California.
Over the past two decades much effort has been expended to save ind
species, such as the California Condor, as their habitats disappear. Increasingly
efforts are highly intensive (and expensive) eleventh-hour attempts to avert ext -- at a high cost to all involved. During this same time California's human pop1
has soared, with an expected population of more than 40 million by earl,
century.
This decade of the 1990s poses unprecedented challenges to the State
and Federal agencies responsible for California's unique natural resources
burgeoning human population is impacting wildlife and its habitat at ever-accelr
rates. Lands available for wildlife are dramatically shrinking, while demands f
of these precious resources are growing daily.
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Many single-species protection actions have ended without long-terr
results. Few species listed as endangered have recovered sufficiently to remot
from that listing. Species live in ecosystems -- inter-related habitats that pro!
food, shelter and living conditions they need to survive. It has become apparel
biological as well as economical problems with current conservation strategi
a new strategy is needed in the 1990s to address the conservation of Cali
natural heritage.
As a result, Governor Wilson, in his "Resourceful California" address c
Day 1991, proposed a new endeavor to meet this critical need for cor
California's natural heritage while accommodating needed economic developmt
approach envisioned getting ahead of last-minute, expensive and not always el
decision-making.
Today's conservation planning requires dealing with larger landscape
taking into account the distribution and needs of the many species that re
specific habitat. We must implement ecologically sound conservation actions t
give long-term protection to important elements of our diverse natural resource:
providing for human needs and appropriate urban development.
This new system, Natural Community Conservation Planning (NCCF
encourage cooperation between all interests -- conservationists, lando
developers and all applicable levels of government, including State, local and F
It will result in a series of protected natural lands for future generations to enjoy
allowing for responsible development to continue as we strive to meet the ne
California's citizens. Natural Community Conservation Planning will integrate n
intent of current laws, allowing the existing regulatory structure to functior
effectively. And it will give certainty to all interested parties, especially thos
would like to determine and deal with the natural resource impacts of actions
significant investments of capital make species conservation a risky endeavor
unwanted duty.
Public agencies, private organizations and individual citizens have long-:
a commitment to conserving the natural environment of their state. The conc
NCCPs is a logical outcome of the recently signed Agreement on Biological Divl
a far-reaching cooperation agreement between major State and Federa
management agencies to work together, across jurisdictional boundaries, to p
California's natural diversity. Perhaps most importantly, NCCPs will finall!
Californians a chance to preserve species -- and ecosystems -- before they are (
verge of extinction. A pilot program in the Coastal Sage Scrub habitat of SOI
California is intended to be a model for the State, and perhaps the nation.
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GOAL OF NATUKAL COMMUNIN CONSERVATION PLANNING
The NCCP goal is to conserve long-term viable populations of the State's
animal and plant species, and their habitats, in landscape units large enough to E
their continued existence. These plans will determine and implement a scientif
based system of conservation areas that will be managed for their ecological vi - to protect multiple species of interest in their natural habitats. NCCPs v
cooperative public/private efforts involving all interested parties. Natural Comr
Conservation Planning will be integrated into the urban development procez
manner which preserves to the maximum extent practical local discretion to pl;
authorize compatible urban growth.
As a pilot effort to create a workable program, the initial focus of NCCl
be the threatened Coastal Sage Scrub natural community that occurs fro
Mexican border, along the southern California coastal region, to Ventura CI
Several listed plant and animal species inhabit this declining community type, i
to 50 more species are potential candidates for listing. Parameters for deter1
planning subregions will be delineated and species of concern identified. NCC~
be independently prepared, each meeting overall community conservation c
Additional habitat types and species may be addressed at the option of local ag
and landowners.
NA TURAL COMMUNITY CONSERVA TION PLANNING COMPONENTS
Partners
Under the direction of the Resources Agency, the California Department 4
and Game will pursue this effort. The Department will be responsible for dew
guidelines and coordinating the process from the State level. As the State's t
for natural resource protection, the Department will only approve final plan
ensure wildlife values are protected in perpetuity.
This State process will coordinate closely with the U.S. Fish and V
Service (USFWS) and their Habitat Conservation Plan (HCP) program as author
the Federal Endangered Species Act. NCCPs will be prepared to function as
whenever possible to allow for simultaneous approval by the Federal Goveri
should a Section 10a permit be required for a federally listed species.
Local agencies will be primarily responsible for planning, coordinatic
implementation of NCCPs in accordance with Department of Fish and Game guh
and regulations. Local jurisdictions will be required to take appropriate local S'
ensure the protections of coastal sage scrub habitat during the planning phas
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NCCPs. Local agencies will have the lead in implementing NCCPs, securing
through on the agreed-upon plans and coordinating with the Departmc
appropriate public use of conservation areas.
Landowners and public agency project proponents will be responsi
drafting plans and working with local, State and Federal agencies to create wc
scenarios for ensuring conservation of important natural resources. Their partic
in approved NCCP programs will allow them to meet the requirements to the Ca
Endangered Species Act (CESA) and the Federal Endangered Species Act (ESA)
up-front planning and establishment of appropriate conservation strategies will
development proponents to gain certainty in knowing the resource impac
needed protections required for their projects to move forward. Interested c
and groups will have opportunities for input, as well, to help develop and t
proper implementation of approved NCCP programs.
Scientific Review Panel
The Secretary for Resources has appointed a Scientific Review Panel, unc
direction of the Department of Fish and Game, to provide guidance on apprc
conservation biology techniques and speciedhabitat protection needs. The p
composed of nationally-renowned conservation biologists and specialists on C
Sage Scrub natural communities. The panel will propose subregional criteria fc
preparation and conservation strategies for Coastal Sage Scrub as a whole
Department and the USFWS will use the recommendations of the panel
conservation standards and NCCP guidelines and as a reference in reviewing pro
plans for approval. See attachment for purpose, goals and schedule of the p:
The Plannino Process
Subrec7ional Planninq: Because the Coastal Sage Scrub Natural Comr
extends over a large geographic area, there is a need to coordinate conser-
planning in smaller units that have recognizable biological and socio-eco
boundaries. At the same time, all plans must interrelate to ensure adequate prot
of natural resource values throughout the region. It is foreseen that local jurisdi
or landowners, or consortiums of local jurisdictions, will form the basis of plz
units, as long as they meet biogeographical guidelines for being able to de
workable conservation plans. The several habitat planning efforts that have a
been initiated by local jurisdictions will be considered for recognition within the
process.
NCCPs would include the following: (1) Collection and synthesis of biol
data regarding the distribution, occurrence and ecology of agreed upon spec
concern within the area; (2) analysis of the potential effects of proposed develop
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activities on the short-term and long-term conservation of the species of concer
the ecosystem upon which they depend; (3) a plan for conservation of
resources in long-term viable landscape units, with adequate buffers and reasc
levels of human use of surrounding areas; (4) permanent managemeni
stewardship mechanisms and monitoring programs to ensure the success c
program; (5) delineation of appropriate areas for development: and (6) agreemi
initial and ongoing funding of the program from appropriate sources.
lnitial Aqree'ments: To begin the NCCP process participating parties wi
an Initial Agreement outlining the expectations and procedures to be follow
develop the NCCP. Once a jurisdiction or a landowner has signed such an agree
they will be "enrolled" in the process. The enrollment period will be from Janu
1992 until February 28, 1992. An Initial Agreement will include: 1 ) interim protc
measures for coastal sage scrub habitat within the NCCP area throughout the prl
(with a copy of the jurisdiction's decision resolution as an attachment ti
agreement), 2) the list of target species and natural communities for whic
planning effort is to be undertaken, 3) agreement to follow DFG guideline:
conservation standards, 4) agreements to coordination process between part
public input process, use of appropriate advisory committees, follow-throu!
implementation of the final plan, 5) funding schedule including cost reimburseme
DFG or other agency participation, and 6) agreement to procedures to allow for in
development projects to proceed, if appropriate (see section following).
lnterim Deve/omnent Aqreements: Recognizing that NCCP planning is a
range planning effort that will ameliorate piecemeal conservation decision-makir
the future, there can be Interim Development Agreements developed by Statc
Federal trustee agencies and local jurisdictions with landowners and existing pr
proponents. Such agreements can allow for selected current projects to go for\
so long as they do not compromise the objectives of the NCCP, within parametei
forth by the Department and within the regulatory framework of the Calif
Environmental Quality Act (CEQA), the National Environmental Policy Act, C
FESA and other pertinent laws and regulations.
Reqdatorv Mechanisms: Enrolled NCCPs will function under the
regulatory mechanisms established in the Initial Agreement for the NCCP. Onc
enrollment period is closed, the Department will designate Significant Natural L
(SNA) that comprise the coastal sage scrub natural communities and specif
interest for all areas not enrolled in NCCPs. Until addressed by an NCCP, all h:
modification (such as grading, fire prevention vegetation modification, agricu
conversion) within an SNA prior to legal vesting of a project (that is, a grading P
issued) will be subject to regulations of the Fish and Game Code and wi
considered discretionary under CEQA, triggering its requirements.
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The NCCP will be developed to serve as a functional equivalent of the
process and may, when necessary under State or federal law, result in appr
State and Federal permits for incidental take of listed species. Conservation,
approved in NCCPs will be designed to deter the necessity to list spec
threatened or endangered by either the State or Federal governments and will pi
those listings so long as they are successful in conserving and recoverin:
specified species of concern.
Fundinq Mechanisms: Funds for developing the NCCP will be providec
Federal, State and local governments, by landowners, and by conservation advc
Participating landowners will fund the cost of plan preparation for their prop€
Public Participation: The public will participate in numerous ways. 5
groups and citizens are being consulted in the development of the NCCP pr
Once specific agreements to proceed with an NCCP have been established,
scoping meetings will be held within each area preparing an NCCP. Draft doc[
will be made available for public review and comment. The public will be in\
attend several open meetings of the Panel as well.
/molementation of NCCPs: The local jurisdiction coordinating the
preparation will be responsible for assuring its proper implementation withir
guidelines and regulations. Species and community management and mon
activities will be conducted per plan specifications and will be overseen I
Department and the USFWS.
Implementation of a Natural Community Conservation Plan envision
landowners may use a variety of mechanisms to assure protection of sufficier
to mitigate the effects of their projects on species and habitats of concern wit1
planning area. These mechanisms include direct purchase, conveyar
conservation easements in a form approved by trustee agencies, conveyance o
currently held by applicants and acquisition of lands from or by a third-party
including nonprofit corporations and private mitigation banking efforts and
approaches. Whatever the mechanism, funds for purchase and Ion
management of all conservation areas will be an agreement of the planning pr