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Home My WebLink AboutN.B. 01 NCCP PROGRAM 05-04-92Ntw bUblNLbb NU. 1 5-4-92 f inter_ mCo DATE: MAY 41 1992 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: NATURAL COMMUNITIES CONSERVATION PLANNING (NCCP) PROGRAM RECOMMENDATION Receive and file. BACKGROUND/DISCUSSION The State of California Resources Agency, in conjunction with the - Department of Fish and Game and the U.S. Fish & Wildlife Service, has undertaken a Natural Communities Conservation Planning (NCCP) program. This program was established in 1991 under legislation sponsored by Assemblyman Dave Kelly (AB -2172). The program focuses on the protection of coastal sage scrub from a regional perspective before it becomes so fragmented or degraded as to require uire listing of species, particularly the California gnatca cactus wren, as endangered under the state and/or federal Endangered Species Act. The Resources Agency and Orange County Division of and the League of to California Cities are encouraging cite participate in the collaborative planning process. There are two forms of participation in the program. The first, City and County Enrollment, is designed for a local public agency, ct coastal sah as the te of Tustin, to commit to a variety of points to protect g scrub from loss or degradation. The second, Land Owner Enrollment, is designed for property owners to commit that they would not disturb coastal sage scrub. Participation in the program is anticipated to occur through October of 1993. The NCCP program is designed to be voluntary and to give jurisdictions flexibility in making advance plans, and to give more certainty to property owners and builders as they make development decisions and investments. City Council Report Natural Communities May 4, 1992 Page 2 Conservation Planning (NCCP) Program Within the City of Tustin, only portions of the hillside areas within the East Tustin Specific Plan contain coastal sage scrub. The Irvine Company has strongly encouraged the City to participate in the program. Although the East Tustin area is limited in the existence of coastal sage scrub, the Community Development Department will be participating to the extent possible by. enrolling in the program as a City. The enrollment form describing the commitments that the City will make in the effort to protect coastal sage scrub is attached. )Vjj��.-O /2*11, Daniel Fox Senior Planner CAS : D F : rm\nccp Christine A. Shingle on Assistant City Manager NATURAL COMMUNITY CONSERVATION PLANNING/COASTAL SAGE SCRUB CITY AND COUNTY ENROLLMENT FORM As a participating jurisdiction, The City of Tustin agrees to the following for the area identified in Attachment A. 1. To assist in the formation of subregional coastal sage scrub natural community conservation plans by: a. Cooperating with other local governments and with landowners to undertake field studies on CSS within their jurisdictions. b. Cooperating with other local governments and with landowners to prepare and process NCCP's for subregions established under the NCCP program. C. Utilizing regulatory authority to the extent authorized by law to support the Natural Communities Conservation Planning (NCCP) Program as envisioned by Fish & Game Code Sections 2800 - 2880. d. Including information on the NCCP program with materials and advice provided to potential project applicants & encourage landowners to enroll their lands. 2. To be sensitive to the potential impacts of proposed activities on coastal sage scrub during the NCCP planning period by: a. Enrolling, to the maximum extent feasible, publicly -owned lands into the NCCP program by completing the "Enrollment Agreement for Landowners and Land Management Agencies" form and submitting it to the Department of Fish and Game NCCP Program Coordinator. b. Ensuring that its employees are aware of the NCCP program and of the jurisdiction's commitment to it. C. Coordinating existing fire prevention & brush & weed abatement policies with the Department & USFWS to ensure that the coastal sage scrub community is not unnecessarily impacted except in situations affecting immediate health and safety (i.e., brush fire). 3 - CITY AND COUNTY ENROLLMENT FORM d. Requiring that any proposed projects provide full disclosure of the amount of coastal sage scrub habitat on the project site and the potential impacts to it. e. Monitoring cumulative loss/impacts of the coastal sage scrub natural community within its jurisdiction and reporting these losses/impacts to the Department of Fish and Game on a quarterly basis. f. Requiring, where coastal sage scrub is likely to be impacted, that draft EIR s with Notice of Preparations circulated after the release of the 1992 Survey Guidelines include, to the maximum extent feasible, surveys prepared in a manner .compatible with Scientific Review Panel (SRP) survey guidelines for the selected target species and ensure that these field data will be provided to the Department in a form useable by the SRP. g. Requiring analysis of project impacts to -coastal sage scrub habitat and other continuous natural areas such as riparian areas that constitute essential habitat corridors linking coastal sage scrub areas. h. Assessing and making appropriate findings as part of the CEQA review process regarding whether: a) projects will have significant unmitigated impact on coastal sage scrub habitat; and b) projects will have the potential to preclude the ability to prepare an effective subregional NCCP. i. Requiring environmental documentation,,,,, in areas where no prior environmental review has been completed under CEQA� for: 1 grading, 2 grubbing and 3 similar activities proposed in coastal sage scrub natural communities except as required for ongoing agricultural operations. j. Consulting with the Department and USFWS and to strongly consider their recommended mitigation measures for projects affecting coastal sage scrub processed during the NCCP planning period. K CITY AND COUNTY ENROLLMENT FORM The commitment of the City of Tustin to maintain these standards is only for the duration of the collaborative planning period or October 31 1993 whichever occurs earliest. The City of Tustin may terminate its commitments under this agreement within 30 days following agreement on subregions and the establishment of the Department's NCCP process guidelines or within 30 days following August 1, 1992 if no process guidelines have been completed by that date. Since this is a voluntary program, the City of Tustin reserves the right to terminate its commitment under this agreement at any time should the California gnatcatcher(Polinotila California) or the cactus wren (Campylorhynchus brunneicapillus) be listed as rare or endangered. Authorized Signature: Christine A. Shingleton Name Date Assistant City Manager Title City of Tustin City or County DF:nm/nccp.for LEGEND PESIpENI IAL �r [Y �,�a ...�• .11.1?tD (r•�..4a (wr• a I.OfU c : "O"ESIDENT&AL ss.2 (.. ]...,.,E..1.1 • ip �rp.f.ar. I.t.(r• is [..cJ..r.o'•a aol..wr .. lztx—i " ~IMS[ •IPJ �j �1°r•(wlrciwp•o�11r Au 25 bF' TF->1sCt' 13!027 �s � ,..1:�...�...•»r-- ...a.. NOTES co M 12 t3 24 A vAo I a PHASE a PHASEOR a 44 efe J— I ✓n. Mo'w~ JS� Na fiw mi {.O AN `'w � / /` •1 /�///•/N�O�(�\`�` G if �.- PHASE 3 PrHAiE t —s.oPHASE 2 N. �'-s ..�• —u i. ��r-� sib PKSE PHASE ? . . MMi1cET s(o s(. .Iu PUCE 1•IUSE 1 at.O.M1Yl lw -J . M I .. t T. r t . I• t � � ��TAENNiQ-iT .� NEW BUSINESS N0. 2 5-4-92 a I - Inter -COM DATE: MAY 4r 1992�� TO: WILLIAM A. HUSTON, CITY MANAGER FROM: VALERIE WHITEMAN, CHIEF DEPUTY CITY CLERK SUBJECT: MAYORAL APPOINTMENTS Mayor Pontious will appoint Councilmembers to serve on various Orange County committees and agencies. Valerie Whiteman Chief Deputy City Clerk