HomeMy WebLinkAboutOrd 2005-3003
ORDINANCE NO. 3003
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO
REPEAL SECTION 17.30 RELATING TO INTERIM COASTAL
SAGE SCRUB HABITAT LOSS PERMIT PROCESS, AND IN
ITS PLACE ADD THE OTA Y RANCH GRAZING FOR
IMPLEMENT A TION OF THE MSCP SUBAREA PLAN
WHEREAS, as lead agencies for the Multiple Species Conservation Program (MSCP)
Subregional Plan, the U.S. Fish and Wildlife Service and the City of San Diego prepared and
certified a Final Environmental Impact Report/Environmental Impact Statement (Final EIR/EIS)
for the Issuance of Take Authorizations for Threatened and Endangered Species due to urban
growth within the Multiple Species Conservation Program (MSCP) planning area in January,
1997 and adopted the Final MSCP Subregional Plan in August, 1998; and
WHEREAS, as a responsible agency, the City of Chula Vista (City) participated in the
preparation of the Final EIR/EIS through consultation and comment; and
WHEREAS, the MSCP Subregional Plan contemplated that local jurisdictions including
the City of Chula Vista would participate in the MSCP Subregional Plan and seek federal and
state take authorization by adopting a subarea plan consistent with the conservation strategies
contained in the MSCP Subregional Plan; and
WHEREAS, the City prepared and submitted a Draft MSCP Subarea Plan to the U.S.
Fish and Wildlife Service and the City of San Diego in August, 1996, for inclusion in the Draft
MSCP Subregional Plan and for consideration by the lead agencies in their environmental review
of the Draft MSCP Subregional Plan; and
WHEREAS, after the adoption of the MSCP Subregional Plan, the City, and the U.S.
Fish and Wildlife Service and the California Department of Fish and Game (hereinafter referred
to as the Wildlife Agencies) further negotiated a number of aspects of the 1996 Draft Subarea
Plan, including but not limited to, the refinement of the conditions of coverage for covered
projects, the type and extent of protection for narrow endemic species, the amount and type of
public facilities and infrastructure to be allowed in the Preserve, and an acceptable configuration
for the university site adjacent to the Preserve; and
WHEREAS, following a review by the Wildlife Agencies and public comment period,
the City issued a draft MSCP Subarea Plan dated September 11,2000, and a Draft Implementing
Agreement dated September 20, 2000, to the Wildlife Agencies and the general public; and
WHEREAS, on September 22, 2000, the City submitted to the U.S. Fish and Wildlife
Service an application for a Section 10(a)(I)(B) permit for incidental take pursuant to the U.S.
Endangered Species Act of 1973, as amended, and submitted to the California Department of
Fish and Game an application for a take authorization permit pursuant to Section 2835 of the
California Endangered Species Act, with both applications including the Draft MSCP Subarea
Plan dated September 11, 2000, and a Draft Implementing Agreement dated September 20, 2000;
and
Ordinance No. 3003
Page 2
WHEREAS, the Planning Commission and the City Council set the time and place for a
joint hearing on said project and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City at least 10 days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised on October 17,
2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and City
Council; and
WHEREAS, approval of the MSCP Subregional Plan and adoption of the Chula Vista
MSCP Subarea Plan dated September II, 2000 were discretionary actions covered by the Final
EIR/EIS, and therefore, as a responsible agency, the City had a more limited role than does a
lead agency under the California Environmental Quality Act (CEQA); and
WHEREAS, the City prepared an Addendum dated September II, 2000, pursuant to
CEQA Guidelines section 15164 to fulfill the City's obligations as a responsible agency; and
WHEREAS, the City issued Findings of Fact for each of the significant environmental
effects of implementing the Chula Vista MSCP Subarea Plan, dated September II, 2000, in
conformance with the CEQA and the CEQA Guidelines, which enabled the City to make full use
of the Final EIR/EIS and the Addendum (CEQA Guidelines, sections 15101, 15093 and 15096,
subd. (h)); and
WHEREAS, the City considered the Final EIRlEIS prepared by the lead agency together
with the Chula Vista MSCP Subarea Plan dated September 11,2000 and the Draft Implementing
Agreement dated September 20, 2000, and reached its own conclusion about whether and how to
approve the MSCP Subregional Plan and the Chula Vista MSCP Subarea Plan dated September
11,2000; and
WHEREAS, the City also prepared an MSCP Mitigation and Implementing Agreement
Monitoring Program For Biological Resources dated October 12, 2000, in compliance with
Public Resources Code section 21081.6, subd. (a)(l); and
WHEREAS, the City Council reviewed and considered the Final EIRlEIS prepared and
certified by the U.S. Fish and Wildlife Service and the City of San Diego in January, 1997, the
Addendum to the Final EIRlEIS (October 2000), the Findings of Fact and Statement of
Overriding Considerations, and the MSCP Mitigation and Implementing Agreement Monitoring
Program for Biological Resources (October 2000) and found that the documents were prepared
in accordance with the requirements of CEQA, the CEQA Guidelines, and the Environmental
Review Procedures of the City of Chula Vista, and also found that the Final EIRlEIS (January
1997) and Addendum to the Final EIR/EIS adequately addressed the environmental impacts of
the MSCP Subregional Plan and the Draft Chula Vista MSCP Subarea Plan, dated September II,
2000; and
WHEREAS, on October 17, 2000, the City Council approved the MSCP Subregional
Plan dated August, 1998, as the framework plan for the Chula Vista MSCP Subarea Plan;
conditionally adopted the MSCP Subarea Plan, dated September 11, 2000, and the Mitigation
and Implementing Agreement Monitoring Program for Biological Resources dated October,
2000; and
Ordinance No. 3003
Page 3
WHEREAS, subsequent to the City Council conditional approval on October 17, 2000,
the City decided to make further changes to the Draft MSCP Subarea Plan, dated September II,
2000, based on additional information not previously available about the Quino checkerspot
butterfly, a federally listed endangered species. The City believed it was prudent to add coverage
for the Quino checkerspot butterfly into the draft MSCP Subarea Plan prior to the Subarea Plan
and associated implementing documents being published in the Federal Register; and
WHEREAS, since October 2000, changes to the Draft MSCP Subarea Plan have been
made as necessary to complete a final Draft MSCP Subarea Plan including: I) measures to
provide coverage for the Quino checkerspot butterfly, 2) the preparation of three implementing
ordinances, 3) final revisions to the Implementing Agreement, 4) conservation of additional
lands not previously anticipated to be preserved, including lands within the approved Rolling
Hills Ranch subdivision, and 5) other revisions to address unresolved issues related to changed
circumstances, wetlands, and funding for long-term management; and
WHEREAS, the City has prepared a Supplemental Environmental Impact Report and
Environmental Assessment (No. 03-0 I) to address all of the changes to the revised final Draft
MSCP Subarea Plan; and
WHEREAS, on October 8, 2002, the City submitted a revised application to the Wildlife
Agencies for a Section 10(a)(1)(B) permit for incidental take pursuant to the U.S. Endangered
Species Act of 1973, as amended, and submitted to the California Department of Fish and Game
an application for a take authorization permit pursuant to Section 2835 of the California
Endangered Species Act, with all of the required application materials including the Draft
Supplemental EIR and EA, Draft MSCP Subarea Plan, and the revised Draft Implementing
Agreement, and Draft Implementing Ordinances (referred to herein collectively as implementing
documents); and
WHEREAS, on October 10,2002 a Federal Register notice was published commencing a
60-day public comment period on the Incidental Take Applications, Public Review Draft MSCP
Subarea Plan, dated October 2002, implementing agreement and implementing ordinances and
associated environmental documents. A public notice was also published on October 11, 2002
announcing the availability of the Draft SEIR and EA to meet the requirements of the California
Environmental Quality Act; and
WHEREAS, public review of the Draft MSCP Subarea Plan and implementing
documents closed on December 9, 2002. The City received 12 letters of comment from the
public and has prepared responses to the comments and made changes to the Public Review
Draft MSCP Subarea Plan, dated October 2002 and implementing documents, and has prepared a
final City of Chula Vista MSCP Subarea Plan, dated February 2003, and Draft Implementing
Agreement, dated February 2003; and
WHEREAS, the Planning Commission set the time and place for a public hearing on said
project and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least 10 days prior to the hearing; and
Ordinance No. 3003
Page 4
WHEREAS, the hearing was held at the time and place as advertised on April 23, 2003 in
the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the Planning Commission recommended to the City Council the approval of
the MSCP Subarea Plan and associated implementing documents; and
WHEREAS, the City Council set the time and place for a public hearing on said project
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on May 13, 2003 in
the Council Chambers, 276 Fourth Avenue, before the City Council; and
WHEREAS, the conditional adoption of the Chula Vista MSCP Subarea Plan, dated
February 2003 and associated implementing ordinances will not constitute a binding set of
obligations on any public or private entity within the City ofChula Vista unless and until: 1) the
U.S. Fish and Wildlife Service issues a biological opinion which affirms and is consistent with
the Chula Vista MSCP Subarea Plan, dated February 2003 and the Draft Implementing
Agreement, dated February 2003,2) take permits and its conditions are issued by both Wildlife
Agencies that are consistent with the Chula Vista MSCP Subarea Plan and Draft Implementing
Agreement dated February 2003, and 3) the City and Wildlife Agencies approves and executes
the Implementing Agreement substantially in the form of the Implementing Agreement dated
February 2003; and
WHEREAS, the City Council considered the Supplemental EIR and EA at its hearing of
May 13,2003 and adopted the Chula Vista MSCP Subarea Plan (dated February 2003) with said
conditions; and
WHEREAS, implementation of the MSCP Subarea Plan adoption of three MSCP
Implementing Ordinances, including the Otay Ranch Grazing Ordinance. This ordinance will
only take effect after issuance of the take permits and the necessary timelines for ordinances
pursuant to the City Charter have passed.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section 1. That Chapter 17 of the Chula Vista Municipal Code is hereby amended by
repealing Section 17.30 Interim Coastal Sage Scrub Habitat Loss Permit Process and in its place
adding Section 17.30 to read as follows:
Sec. 17.30
OT A Y RANCH GRAZING
Sections:
17.30.0 I 0 Purpose and Intent
17.30.020 General Authorization
17.30.030 Definitions
17.30.040 General Application of Chapter
17.30.050 General Regulations
17.30.060 Violations
J
Ordinance No. 3003
Page 5
17.30.010
Purpose and Intent
The purpose of these regulations is to implement the Otay Ranch General Development
Plan and Resource Management Plan within the City of Chula Vista. Specifically, these
regulations implement the preserve management goals and recommendations for the Otay River
Valley Management Area of the Range Management Plan (Appendix F7 of the Otay Ranch
Phase 2 Resource Management Plan).
17.30.020
General Authorization
As a participating jurisdiction in the MSCP Subregional Planning effort, the City of
Chula Vista is promulgating these regulations to implement the Chula Vista MSCP Subarea PJan
as a condition of receiving an incidental take permit to be issued to the City pursuant to Section
lO(a)(l)(B) of the Federal Endangered Species Act and take authorization to be issued to the
City pursuant to Section 2835 of the California Fish and Game Code.
17.30.030
Definitions
100% Conservation Area - Lands within the City of Chula Vista for which hard-line Preserve
boundaries have been established and where the conserved portion will be managed for its
biological resources. These areas are shown on Figure 1-2 of the Chula Vista MSCP Subarea
Plan, as adopted on May 13,2003, and as may be amended from time to time.
Otav Ranch Preserve - The land mapped as "resource preserve" in the Otay Ranch General
Development PJan and the 11,375-acre habitat conservation area established by the Otay Ranch
Phase I Resource Management PJan.
Pasture - Defined areas used for grazing, demarcated by fences and gates that allow for control
of grazing patterns.
Preserve - Areas within the City of Chula Vista incorporated limits which have been dedicated
and accepted by the City for permanent MSCP conservation and which will be managed for their
biological resources.
17.30.040
General Application of Chapter
It is unlawful to conduct grazing activities in the City of Chula Vista on land designated
by the Otay Ranch General Development Plan as Otay Ranch Preserve, except as provided for by
this chapter.
17.30.050
General Regulations
The following General Regulations shall apply to all land designated by the Otay Ranch
General Development Plan as Otay Ranch Preserve and as 100% Conservation Area in the Chula
Vista MSCP Subarea Plan, as adopted on May 13, 2003, and as may be amended from time to
time:
Ordinance No. 3003
Page 6
A. Existing grazing uses shall be permitted to continue in compliance with all applicable
regulations, only where the uses have occurred continuously within previous years;
and
B. No increase in irrigation shall be allowed, except for temporary irrigation that may be
installed as part of the restoration plans; and
C. Grazing by sheep and goats shall not be allowed; and
D. Any existing or future fencing and gating installed for range management purposes
shall be maintained and kept in good repair; and
E. Grazing of cattle in pastures 6 (Horse), lOa, lOb, 10c (River Valley West), Ila, lIb, llc
(River Valley East), 12a, 12b, and 12c (O'Neal), as set forth in Exhibit 4 of the Otay
Ranch Range Management Plan, shall be prohibited trom January I through August
31, annually; and
F. Grazing of cattle in pastures 12 (O'Neal) and 15 (Salt Creek), as set forth in Exhibit 4
of the Otay Ranch Range Management Plan, shall be prohibited during the breeding
season of the California gnatcatcher from February 15 through August 15, annually;
and
G. In areas designated for restoration, grazing shall be removed for a period of time prior
to initiation of restoration activities to facilitate soil preparation and exotic plant
control.
17.30.060
Violations
The provisions of this chapter shall be enforced pursuant to the provisions of Chapters 1.20
through 1.41 of the Chula Vista Municipal Code.
Section II. Adoption of this ordinance is conditioned upon and shall not occur unless and
until the issuance of Take Authorizations from the USFWS and CDFG to the City of Chula Vista
has occurred in a form acceptable to the City.
Section III. This ordinance shall take effect and be in force on the thirtieth day from and after
the adoption of the ordinance, which shall occur as stated above.
Presented by
Approved as to form by
es D. Sandoval
ing and Building Director
(A~
Ann Moore
City Attorney
Ordinance No. 3003
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 10th day of May, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis
~~2?LU-
ATTEST:
- ~ ~..A....l.. 6.-.L.. T --:::\~ ~ ~
Susan Bigelow, MMC, City Cle
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3003 had its first reading at a regular meeting held on the 13th day of May, 2003
and its second reading and adoption at a regular meeting of said City Council held on the 10th
day of May, 2005.
Executed this 10th day of May, 2005.
~~ -r~'?(J_.c.-J
Susan Bigelow, MMC, City Clerk