Resolution Number 94-5-17-6414
RESOLUTION NO. 94-5-17-6
L: FJTA Iu4/1h1Y I 1L7
MEMORANDUM OF AGREEMENTFOR THE PLANNINGPHASE (PHASE 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING PARTICIPATION IN THE PLANNING
PHASE (PHASE I) OF THE NATURAL COMMUNITIES CONSERVATION PROGRAM
AND AUTHORIZING EXECUTION OF THE MEMORANDUM OF AGREEMENT
WHEREAS, the County of Orange, California Department of Fish and Game, and the United States
Fish and Wildlife Service have developed the Natural Communities Conservation Program as a regional, inter -
jurisdictional approach to natural resource management and that program involves two phases, a planning phase and an
implementation phase; and,
WHEREAS, the County of Orange, as managing agency, has requested the City participate in the
planning phase of the Natural Communities Conservation Program and execute Memorandum of Agreement as an
indication of their commitment to participate in the planning phase of the program; and,
WHEREAS, participation in the planning phase of the Natural Communities Conservation Program
does not obligate or commit the City to participate in implementation of the recommendations and actions and the
implementation phase (phase 11) will be subject to a separate Memorandum of Agreement; and,
WHEREAS, the City's participation in the planning phase of the Natural Communities Conservation
Program is statutorily exempt from the provisions of the California Environmental Quality Act pursuant to Section 15262
of the California Environmental Quality Act Guidelines which include "planning and feasibility studies which may lead
to future action by an agency"; and,
WHEREAS, the General Plan's Open Space and Conservation Element contains certain goals and
policies which support natural resource conservation and participation in the planning phase of the Natural Communities
Conservation Program is consistent with the goals and policies of the General Plan.
NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of San Juan Capistrano
does hereby find that:
Participation in the Natural Communities Conservation Program planning phase is
consistent with the General Plan's Open Space and Conservation Element which
contains certain goals and policies supporting natural resource conservation.
2. Preliminary mapping indicates that various areas of the City consist of coastal sage
scmb habitat including City -owned open spaces.
Participation in the Natural Communities Conservation Program planning phase
would make the City eligible for the 5 % interim take provisions of the 4(d) rule
(Federal Endangered Species Act).
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BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby
approve participation in the Natural Communities Conservation Program planning phase (phase 1) and authorizes execution
of the Memorandum of Agreement provided as Exhibit A, subject to the following:
That the Memorandum of Understanding be revised to include a provision that City
participation in the planning phase will not result in any costs to the City or
reimbursement of charges by the County of Orange or as an alternative, the County
of Orange, as Natural Communities Conservation Program Manager, provides
written assurance in the form of an executed agreement, providing for the same.
PASSED, APPROVED, AND ADOPTED this 17th day of May , 1994.
i
OLLENE / PBELL, AYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss --
COY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY
CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-5-17-6 adopted by the City
Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of
May , 1994, by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
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ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNS ,ZQfTY CLERK
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MEMORANDUM OF AGREEMENT
BY AND AMONG
THE CALIFORNIA RESOURCES AGENCY,
THE CALIFORNIA DEPARTMENT OF FISH AND GAME,
THE UNITED STATES FISH AND WILDLIFE SERVICE,
THE COUNTY OF ORANGE, CITIES WITHIN ORANGE COUNTY
THE FOOTHILLiEASTERN TRANSPORTATION CORRIDOR AGENCY,
SANTA MARGARITA COMPANY,
COTO DE CAZA AND ARVIDA
REGARDING THE PREPARATION OF A
NATURAL COMMUNITY CONSERVATION PLAN
FOR THE SOUTHERN ORANGE COUNTY
SUBREGION OF THE COASTAL SAGE SCRUB NATURAL
' COMMUNITY CONSERVATION PROGRAM
' -DQiq Fr
EXHIBIT A
417
MEMORANDUM OF AGREEMENT
REGARDING THE PREPARATION OF A
NATURAL COMMUNITY CONSERVATION PLAN
FOR THE SOUTHERN ORANGE COUNTY
SUBREGION OF THE COASTAL SAGE SCRUB NATURAL
COMMUNITY CONSERVATION PROGRAM
THIS MEMORANDUM OF AGREEMENT ("MOA" or "Agreement') dated
as of 1993 is made by and among the CALIFORNIA RESOURCES
AGENCY ("Resources Agency"), an agency of the State of California, CALIFORNIA
DEPARTMENT OF FISH AND GAME ("CDFG'), a department of the Resources
Agency, the UNITED STATES FISH AND WILDLIFE SERVICE ('USFWS'), an agency
of the Department of Interior of the United States of America, the COUNTY OF
ORANGE ('County'), a political subdivision of the State of California, the
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY ("TCA'), a joint
powers authority, THE CITIES OF .
(collectively, 'Cities'), SANTA MARGARITA'COMPANY, ARVIDA and COTO DE CAZA.
The County, TCA and the Cities may be referred to as 'Local Governments'; SANTA
MARGARITA COMPANY, ARVIDA and COTO DE CAZA are referred to as
'Landowner'; and all of the above-described entities may be referred to collectively as
'Parties" and each individually as a "Party'.
As among the nonfederal signatories to this MOA, this Agreement serves
as the 'Planning Agreement' described in the Southern California Coastal Sage Scrub
Natural Community Conservation Planning Process Guidelines (dated September 1,
1992) (the "Process Guidelines"). This Agreement shall be effective as to all executing
Parties upon execution by the Resources Agency, CDFG, USFWS, TCA, the County
and the Landowner.
1.0 RECITALS.
1.1 The purpose of this Agreement is to establi§h the guidelines and
procedures that will be followed by the Parties in the preparation of a Natural
Community Conservation Plan ("NCCP Plan') for the Southern Orange County
Subregion. of Orange County with regard to the California gnatcatcher and other related
Target Species, as described herein.
1.2 The Natural Community Conservation Planning Program ('NCCP
Program") is established by California law under the Natural Community Conservation
Planning Act of 1991 (Fish & G. Code, § 2800 et egg.) ('NCCP Act'). CDFG is the
trustee agency implementing the NCCP Act'
1.3 The purpose of the statewide NCCP Program is to provide for
regional protection and perpetuation of natural wildlife diversity while allowing
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compatible and appropriate development and growth. The NCCP Program intends that
these goals be achieved through the development and implementation of Natural
' Community Conservation Plans. The NCCP Program is designed to provide an
alternative to current single species conservation efforts by formulating regional, natural
community based habitat protection programs to protect the numerous species
inhabiting each of the targeted natural communities. The Parties believe that the shift
in focus from single species to natural communities will enhance the effectiveness of
ongoing species preservation efforts.
1.4 The coastal sage scrub ("CSS') NCCP Program ("CSS NCCP
Program") is the first effort to be undertaken pursuant to the NCCP Act. Itis intended
to be undertaken as a pilot project to develop a process for accelerated conservation
planning at a regional scale, and it is contemplated that the NCCP process for coastal
sage scrub may serve as a model for other efforts elsewhere in the State. This
planning process is sponsored jointly by the California Resources Agency and CDFG,
and conducted in cooperation with USFWS, pursuant to a Memorandum of
Understanding between CDFG and USFWS dated December 4, 1991.
1.5 The CSS NCCP Program creates a regional planning and
management system designed to protect coastal sage scrub habitat and to reconcile
conflicts between habitat protection and new development within Southern California.
The study area established for the CSS NCCP Program includes existing coastal sage
scrub habitat in portions of five counties, including Orange County. The CSS NCCP
' Program anticipates that NCCP plans will be prepared for designated planning
subregions. This Agreement is intended to establish the planning process for
development of an NCCP Plan in the Southern Subregion of the CSS NCCP Program.
As among the nonfederal signatories to the MOA, the Agreement serves as the
"Planning Agreement called for in the Process Guidelines.
1.6 The CSS NCCP Program contemplates an 18 month planning
period from May 1, 1992 to October 31, 1993. Prior to and during this planning period,
landowners and local governments have enrolled in the CSS NCCP Program by
entering into voluntary agreements with CDFG. To the extent described in the
enrollment agreements, no activity that would cause disturbance of CSS is allowed on
land subject to a Landowner or Land Management Agency enrollment agreement
during the planning period, other than actions mandated for public safety. This
Agreement is not intended to replace the enrollment agreements.
1.7 USFWS and CDFG have identified a number of mammal, bird,
reptile and plant species which utilize coastal sage scrub habitat as species which are
candidates for, or have been proposed for listing, pursuant to the Federal Endangered
Species Act, 16 U.S.C. sections 1531 -et M. ('ESA') or the California Endangered
Species Act, _Fish and Game Code sections 2050 vi seg. ("CESA"). Among these
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species are the California gnatcatcher (Polioptila califomica calitomica), the cactus
wren (Campylorhynchus brunneicapillus), and the orange -throated whiptail lizard
(Cnemidophorus hyperythrus beldingi).
1.8 The Landowner is the owner of certain real property situated in the
County of Orange, State of California, within the Southern Orange County Subregion
(the "Landowner's Property'). The Landowner's Property is currently used for a variety
of purposes including, but not limited to, conservation, agricultural, residential and
commercial purposes.
1.9 The Landowner, Local Governments, and TCA, have participated
in long-term regional planning efforts to conserve contiguous open space, recreational
and wildlife habitat areas. At present in the Southern Subregion of the County, there
are approximately 30,040 acres of large habitat areas in dedicated regional open space
and project -committed open space. These regional planning efforts have been
conducted to reduce and mitigate the impacts of development, and have been
coordinated with regional planning of development to meet housing and employment
goals and the infrastructure needed to support those goals. The Parties intend that the
NCCP Process be integrated with the'regional open space planning which has already
taken place to identify and ensure appropriate mitigation for impacts on fish and wildlife,
and to promote the conservation of broad-based natural communities and species
diversity.
1.10 The Parties recognize the important role public and private
partnerships play in protecting and enhancing the habitat and survival of species which
are presently unlisted as well as those which are listed or proposed for listing. The
Parties acknowledge that Congress recognized this role in conjunction with the 1982
Amendments to the ESA. Congress expressed its intent, (H.R. Rep. No. 97-835, 97th
Cong., 2d Sess. 30, 31 (1982) regarding encouraging such partnerships for unlisted, as
well as listed species, as follows:
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(a) Application to Unlisted Species
"Although the conservation plan is keyed to the permit
provisions of the Act which only apply to listed species, the
Committee intends that conservation plans may address
both listed and unlisted species."
(b) Public Private Partnerships
"To the maximum extent possible, the Secretary should
utilize this authority under this provision to encourage
creative partnerships between the public and private
sectors ....
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(c) Long -Term Assurance Provided by and for the
Habitat Conservation Plan Proponent
'
'The Secretary, in determining whether to issue a long-term
permit to carry out the conservation plan should consider the
extent to which the conservation plan is likely to enhance the
habitat of the listed species or increase the long -tern
survivability of the species or its ecosystem" ... "Permits of
30 or more years duration may be appropriate in order to
provide adequate assurances to the private sector to commit
to long-term funding for conservation activities or long-term
commitments to restrictions on the use of land."
(d) Reciprocal Assurances to be Provided by the Service
'The Committee intends that the Secretary may utilize this
provision to approve conservation plans which provide long-
term commitments regarding the conservation of listed as
well as unlisted species and long-term assurances to 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'
1.11 The CSS NCCP Program, pursuant to California law, provides a
mechanism for the furtherance of the goals of the ESA and CESA with respect to
conservation of species. In enacting the NCCP Act, the California Legislature stated
the following:
(a) The continuing population growth in California will. result in
increasing demands for dwindling natural resources and
result in the continuing decline of the state's wildlife.
(b) There is a need for broad-based planning to provide for
effective protection and conservation of the state's wildlife
heritage while continuing to allow appropriate development
and growth.
(c) Natural community conservation planning is an effective tool
in protecting California's natural diversity while reducing
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conflicts between protection of the state's wildlife heritage
and reasonable use of natural resources for economic
development.
(d) Natural community conservation planning promotes
coordination and cooperation among public agencies,
landowners, and other private interests, provides a
mechanism by which landowners and development
proponents can effectively participate in the resource
conservation planning process, provides a regional planning
focus which can effectively address cumulative impact
concerns, minimizes wildlife habitat fragmentation, promotes
multispecies management and conservation, provides one
option for identifying and ensuring appropriate mitigation for
impacts on fish and wildlife, and promotes the conservation
of broad based natural communities and species diversity.
(e) Natural community conservation planning can provide for
efficient use and protection of natural and economic
resources while promoting greater sensitivity to important
elements of the state's critical natural diversity.
(f) Natural community conservation planning is an effective
planning process which can facilitate early coordination to
protect the interest of the state, the federal government, and
local public agencies, landowners, and other private parties.
(g) Natural community conservation planning is a mechanism
that can provide an early planning framework for proposed
development projects within the planning area in order to
avoid, minimize, and compensate for project impacts to
wildlife.
(h) Natural community conservation planning is consistent with
and will support the fish and wildlife management activities
of the Department of Fish and Game in its role as the
trustee for fish and wildlife within the state.
(i) The purpose of natural community conservation planning is
to sustain and restore those species and their habitat
identified by the Department of Fish and Game which are
necessary to maintain the continued viability of those
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biological communities impacted by growth and
development.
1.12 The Parties agree that subject to the requirements of the ESA and
CESA, in the event that any of the Target Species are listed as a threatened species or
an endangered species under the ESA or CESA, or as a candidate species under the
CESA, and in the absence of Unforeseen Circumstances, the approved NCCP Plan
and Implementing Agreement developed pursuant to this Agreement will be treated as
a Habitat Conservation Plan ("HCP") by USFWS in connection with the issuance of
Section 10(a) permits, and will be relied on by USFWS in issuing Section 7 biological
opinions; and will be treated as a habitat conservation plan by CDFG in connection with
the issuance of Section 2081 Permits, and as the basis for findings and determinations
pursuant to Fish and Game Code Section 2090 et seq.
2.0 DEFINITIONS.
2.1 California Endangered Species Act. The 'California Endangered
Species Act' or "CESA" shall mean the California Endangered Species Act, Fish and
Game Code section 2050 et sea.
2.2 California Gnatcatcher. The "California gnatcatcher" or
'gnatcatcher" shall mean the California gnatcatcher (Polioptila califomica califomica),
including the eggs and all other life stages thereof.
' 2.3 Cactus Wren. 'Cactus wren' shall mean the coastal population of
the cactus wren (Campylorhynchus brunneicapillus), including the eggs and all other
life stages thereof.
2.4 Orange -Throated Whiptail Lizard. 'Orange -throated whiptail lizard'
shall mean the orange=throated whiptail lizard (Cnemidophorus hyperythrus beldingr)
including the eggs and all other life stages thereof.
2.5 Conservation Representatives. `Conservation representatives"
shall mean representatives of national and local environmental groups.
2.6 Southam Orange County Subregion. The "Southem Orange
County Subregion' as generally shown in Exhibit A, attached hereto, refers to the
Southern Orange County subregion of the CSS NCCP Program within Orange County.
This Agreement is intended to establish the planning process leading to an NCCP Plan
covering the Southern Orange County Subregion.
2.7 CESA Candidate Species "CESA Candidate Species" shall mean .
those species listed as candidates for listing as endangered or threatened pursuant to
Fish and Game Code section 2074.2.
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2.8 CSS Species. "CSS Species" shall mean those species other than
the Target Species, associated with coastal sage scrub habitat, including but not limited _
to those species identified by the Scientific Review Panel ("SRP") as associated with
coastal sage scrub habitat. CSS Species will be identified in each subregional NCCP
Plan.
2.9 Endangered Species Act. 'Endangered Species Act' or'ESA'
shall mean the Federal Endangered Species Act of 1973, as amended, 16 U.S.C.
§ 1531 et seg.
2.10 Habitat. "Habitat' shalt mean the area occupied by or suitable for
occupation by particular wildlife species. Areas capable of restoration may be
considered habitat for Target Species, for purposes of mitigation.
2.11 HCP. "HCP" shall mean a Habitat Conservation Plan pursuant to
section 10 of the ESA.
2.12 AHCP. "AHCP" shall mean an Advance Habitat Conservation Plan.
2.13 NCCP Plan. "NCCP Plan" shall mean the plan for conservation of
the coastal sage scrub natural community in the Southern Orange County Subregion,
with special emphasis on the Target Species, prepared pursuant to this Agreement.
The NCCP Plan shall be developed to meet the requirements for issuance of a section
10(a) permit under the ESA and a section 2081 permit under CESA. The NCCP Plan
shall be deemed to be an Advance Habitat Conservation Plan and HCP covering the
Target Species for purposes of the ESA.
2.14 Planned Activities. 'Planned Activities' shall mean the
development of planned communities and major regional infrastructure improvements,
including development'of certain transportation corridors, as well as other development
activities within the Southern Orange County Subregion as physically delineated or
evaluated in the NCCP Plan.
2.15 Proposed Listing. 'Proposed listing' shall mean the proposed
listing by USFWS of one or more of the Target Species as either an 'endangered
species" or a 'threatened species,' the proposed designation of the habitat of any such
Target Species as 'critical habitat' pursuant to the ESA, or the proposal to list a Target
Species as "endangered" or "threatened% or to designate a species as a CESA
Candidate Species by the California Fish and Game Commission pursuant to CESA.
2.16 Secfion 10(a)Permit 'Section 10(a) Permit' means any permit
issued pursuant to section 10(a)(1)(B) of the ESA to permit incidental takings of
endangered species or threatened species which may occur as a result of the Planned
Activities.
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2.17 Section 2081 Permit. "Section 2081 Permit" means any permit
issued by CDFG pursuant to the CESA to authorize the take of endangered species or
' threatened species or CESA Candidate Species which may occur as a result of the
Planned Activities.
2.18 Taking. 'taking' or "take" shall have the same meaning as
provided in the ESA and 50 C.F.R. 17.3 with regard to any activities subject to the ESA,
and shall have the same meaning as provided in state law with regard to activities
subject to the CESA.
2.19 Target Species. 'Target Species" are:
a. California gnatcatcher (Polioptila califomica californica);
b. Cactus wren (Campylorhynchus brunneicapillus);
C. Orange -throated whiptail lizard (Cnemidophorus hyperythrus
beldin
These species are to be the focus of conservation planning efforts leading to a NCCP
Plan for the Southern Orange County Subregion and shall be treated in the NCCP Plan
as if they were listed as an endangered species with regard to any NCCP Plan to which
section 4.0 shall apply. In the sole discretion of the Local Governments and the
Landowner, the NCCP Plan for the Southern Orange County Subregion may identify
' additional species as Target Species. Addressing the conservation needs of the Target
Species is anticipated to provide significant protection for the coastal sage scrub natural
community in general.
2.20 Unforeseen Circumstances. "Unforeseen Circumstances" shall
mean (i) a significant adverse change in (A) the population of a Target Species, (B) the
habitat and other biological resources of the Southern Orange County Subregion, or (C)
the anticipated impacts of the Planned Activities or in other factors upon which the
NCCP Plan/HCP is based, or (ii) any significant new or additional information relevant
to an NCCP Plan/HCP (including information presented during a public comment period
on a permit application or proposed rule) -that was not anticipated by the Parties at the
time the NCCP Plan/HCP was approved and that would likely result in a significant
adverse change in (A), (B) or (C) above. The NCCP Plan/HCP will identify significant
adverse changes which are anticipated, both in the long and short term. The existence
of Unforeseen Circumstances shall be established in accordance with section 4.10 until
or unless modified in an approved Implementing Agreement.
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3.0 RESPONSIBILITIES AND PROCEDURES FOR DEVELOPMENT AND
APPROVAL OF THE PLAN.
3.1 Project Coordinators. Each party shall designate a Project
Coordinator to monitor the implementation of this Agreement and to coordinate
communication among the Parties during the NCCP Process. Each parry shall notify
each other party of their respective Project Coordinators in writing within fourteen (14)
days of the effective date of this Agreement..
3.2 Biological Data_
3.2.1 The Parties understand that the Secretary of The Resources
Agency of the State of California has convened a Scientific Review Panel ("SRP"). The
SRP will review and evaluate existing information regarding the biology, conservation,
and protection of Target Species and will develop recommended standards necessary
for the conservation and protection of these Target Species throughout the CSS study
area. These recommendations will encompass conservation guidelines for the CSS
natural community throughout the study area
3.2.2 Information and analysis undertaken by the SRP shall be
presumed to constitute the best information available unless further credible analysis or
investigation show the contrary.
3.3 Preparation of the NCCP Plan and Environmental Documentation.
3.3.1 The NCCP Plart/HCP will be prepared in conjunction with
environmental documentation pursuant to the California Environmental Quality Act
("CEQA") and the National Environmental Policy Act ('NEPA'). The Parties intend that
public review of the NCCP Plan/HCP and,the CEQA and NEPA documentation will
occur simultaneously through the public review process described below in section
3.3.7 and section 3.4. It is contemplated that the NCCP Plan/HCP, the EIR, and the
EIS, will be prepared as a single integrated document ("NCCP Plan/EIR/EIS"). If the
NCCP Program is certified pursuant to Public Resources Code Section 21080.5, the
NCCP Plan shall satisfy the requirements of Section 21080.5 regarding the preparation
of a CEQA environmental document.
3.3.2 The NCCP PIarVHCP shall treat the Target Species in the
Southern Orange County Subregion as though they were listed as "endangered
species" under the ESA and CESA for the purposes of developing conservation
measures and proposed takings of the Target Species. The Draft NCCP Plan/HCP for
the Southern Orange County Subregion will address the requirements of both the
CESA and the ESA.
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3.3.3 The NCCP Plan/HCP shall be prepared in a manner
consistent with the provisions of the Process Guidelines. Consistent with the habitat
' conservation planning requirements for listed species contained in section 10(a)(2)(A)
of the ESA, 50 C.F.R. § 17.22(b) and 50 C.F.R. § 17.32(b) the Draft NCCP Plan/HCP
shall specify the habitat requirements for the Target Species, the impacts likely to result
from the proposed taking of one or more Target Species, the measures that will be
undertaken to monitor, minimize and mitigate for such impacts, the funding that will be
made available to undertake such measures, the procedures to address Unforeseen
Circumstances, identification of funding mechanisms and other assurances that the
NCCP Plan/HCP will be carried out; and additional measures that the CDFG or USFWS
may require as necessary or appropriate. The Draft NCCP Plan/HCP shall include
provisions governing the amendment of the NCCP Plan/HCP.
3.3.4 The County shall act as Lead Agency for the development of
the NCCP Plan/HCP and for preparation of environmental documentation pursuant to
CEQA. The Parties acknowledge that the County is appropriately the Lead Agency for
preparation of the NCCP Plan/EIR because of the need for county -wide planning and
coordination, and because the County will have the greatest responsibility for
supervising the NCCP Plan. CDFG shall act as a Responsible Agency as well as a
Trustee Agency under CEQA. Local Governments other than the County shall be
Responsible Agencies under CEQA, and shall be consulted in the preparation of the
NCCP Plan/EIR, and at a minimum, shall have the opportunities for comment described
in section 3.4.
3.3.5 USFWS shall be responsible for compliance with NEPA in
connection with the NCCP Plan/HCP. The County shall act as the local co -lead agency
for compliance with NEPA pursuant to 40 C.F.R. section 1506.2(c). To the maximum
extent practicable, USFWS will coordinate its obligations under NEPA with
corresponding state and local obligations under CEQA and the NCCP Act
Coordination is expected to include the following:
a. completion of a joint EIR/EIS;
b. joint conduct of 'scoping' meetings, public hearing§ and
• participation in other joint NEPA/CEQA activities;
C. the joint EIR/EIS shall be prepared and funded in
conjunction with the NCCP Plan/HCP.
3.3.6 Pursuant to Fish and Game Code section 2840, CDFG shall
be compensated for costs incurred in participating in the planning process and
reviewing the NCCP Plan. The terms of CDFG compensation shall be set forth in a
separate compensation agreement.
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3.3.7 A schedule for preparation and distribution for review of the
NCCP Plan/HCP and associated environmental documentation, consistent with this
Agreement, shall be prepared by the Parties ("NCCP Schedule"). The Parties agree to
use their best efforts to comply with the NCCP Schedule. The Parties acknowledge
that regular discussions will be convened with conservation representatives in addition
to the mandated public involvement procedures required by CEQA and NEPA to solicit
their views on the plans and participation in the process. Discussions required by this
section are intended to occur concurrent with ongoing review/consultation among
Parties to this Agreement.
3.4 Review and Approval of the NCCP Plan/HCP and Environmental
Documentation.
3.4.1 The Preliminary Draft NCCP Plan/HCP and associated
preliminary draft environmental documentation shall be prepared by a consultant
selected by the Parties, consistent with CEQA and NEPA (40 C.F.R. § 1506.5)
requirements. The Parties acknowledge that the Landowner will have a primary role in
preparing the NCCP Plan/HCP. The County and USFWS, as co -lead agencies, shall
independently review, analyze and supervise the preparation of the CEQA and NEPA
documentation before circulating the Plan and environmental document for public
review. It is the intent of sections 3.3.7, 3.4.1, 3.4.2, 3.4.3 and 3.4.4 to establish an
efficient ongoing process of consultation and coordination between the County, the
Landowner, the CDFG and USFWS, and conservation representatives with regard to
the preparation of the NCCP Plan/HCP and associated environmental documentation.
3.4.2 The consultant shall submit an outline for a Draft NCCP
Plan/HCP to USFWS and the County for review and comments prior to initiation of the
CEQA and NEPA public review processes. As soon as possible after submission of
such outline, -the County and USFWS shall complete review of the outline and
determine whether it is sufficiently detailed to justify commencement of the 'scoping'
phase of the environmental review process pursuant to NEPA and CEQA. For the
purposes of this section and section 3.4.3, the outline will be "sufficiently detailed to
justify commencement of the scoping phase" if the outline is adequate to serve as the
project description for a Notice of Intent pursuant to 40 C.F.R. § 1508.22 and a Notice
of Preparation pursuant to 14 C.C.R. § 15082. If the USFWS concludes that the outline
is sufficiently detailed to justify commencement of the "scoping" phase of the
environmental review process, then USFWS shall so advise the County in writing and
the County, in cooperation with USFWS, will initiate the joint scoping phase of the
environmental review process. USFWS shall publish a Notice of Intent, in accordance
with the Department of the Interior NEPA regulations, as soon as possible after
advising the County that the outline is complete. The County shall circulate the Notice
of Preparation pursuant to 14 C.C.R. § 15082.
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3.4.3 If USFWS determines that the outline for a Draft NCCP
Plan/HCP is not sufficiently complete under the ESA to justify commencement of the
' 'scoping' phase of the environmental review process, USFWS shall provide the
consultant with written comments and recommendations for changes necessary or
appropriate under the ESA. The consultant will revise the outline consistent with
USFWS comments, and, if requested by USFWS, submit a revised outline to USFWS.
If a revised outline is submitted to USFWS, the Parties shall repeat the process
described in sections 3.4.2 and 3.4.3 until USFWS determines that the outline is
sufficiently detailed to justify commencement of the "scoping' phase. Any comments on
a revised outline shall address the provisions of the revised outline regarding issues
identified in the initial USFWS comments. USFWS shall use their best efforts to raise
all significant issues to be considered in the NCCP Plan/HCP during the process in
order to ensure that such issues can be efficiently addressed in the preparation of the
Draft NCCP Plan/HCP. Nothing in section 3.4.2 or 3.4.3, however, is intended to limit
comments by the USFWS and CDFG on the NCCP Plan/HCP during the public review
process.
3.4.4 The selected consultant shall develop a Preliminary Draft
NCCP Plan/HCP and EIR/EIS ("Preliminary Draft"). The Preliminary Draft shall be
circulated to all Parties for review. Comments on the Preliminary Draft shall be
submitted to the consultant as soon as possible after the circulation of the Preliminary
Draft. The Parties should focus comments on aspects of the Preliminary Draft affecting
their property or jurisdiction. The County, as CEQA Lead Agency, has the
responsibility to independently review and approve the Preliminary Draft NCCP Plan
' and has -the sole authority to determine the form and content of the Draft and Final
NCCP Plan and EIR.
3.4.5 As soon as possible after review of the Preliminary Draft,
USFWS shall determine whether the document satisfies applicable NEPA requirements
for circulation to the public as a Draft EIS. USFWS, as NEPA Lead Agency, has the
responsibility to independently review and approve the EIS, and has sole authority for
the content and scope of the EIS. If USFWS concludes that the Preliminary Draft is
sufficiently complete to justify release pursuant to NEPA, then USFWS shall so advise
the County in writing. USFWS shall publish notice of the availability of the Draft NCCP
Plan/HCP/EIR/EIS in the Federal Register as soon as possible after of advising the
County that the Preliminary Draft is complete. Following receipt of USFWS approval,
and publication in the Federal Register, the County and USFWS will circulate a Draft
NCCP Plan/HCP/EIR/EIS for a public review period of sixty (60) days, pursuant to
CEQA and NEPA.
3.4.6 If USFWS determines that the Preliminary Draft is not
sufficiently complete to justify circulation as a Draft EIS, USFWS shall provide the
consultant with changes necessary or appropriate under NEPA. The consultant, in
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consultation with the Parties, shall revise the Preliminary Draft, and if requested by
USFWS, submit a revised Preliminary Draft to USFWS for review pursuant to NEPA. If
a revised Preliminary Draft is submitted to USFWS, the Parties shall repeat the process
described in sections 3.4.5 and 3.4.6 until USFWS determines that the document meets
NEPA requirements for circulation as a Draft EIS. Any comments on a revised
Preliminary Draft shall address the provisions of the revised Preliminary Draft regarding
issues identified in the initial USFWS comments. The USFWS shall use its best efforts
to insure that the period for review and approval of the Preliminary Draft does not
exceed ninety (90) days from the submission of the initial Preliminary Draft to the
USFWS.
3.4.7 Following the close of the public comment period pursuant to
CEQA and NEPA, responses to public comments shall be prepared. As expeditiously
as possible thereafter, the County shall finalize the EIR and adopt the NCCP Plan.
3.4.8 As expeditiously as possible after the preparation of
responses to public comments, the USFWS shall publish a Notice of Availability of the
Final EIS in the Federal Register. USFWS shall prepare a draft Record of Decision
(`ROD") pursuant to 40 C.F.R. 1505.9, and draft biological opinion ("BO") and shall
submit the draft BO to the County for review and comment. The USFWS shall make a
decision on the proposed action, and shall issue the Record of Decision as soon as
practicable after the expiration of the thirty day waiting period following publication of
the Notice of Availability in the Federal Register.
3.4.9 The Parties acknowledge that the EIR and EIS may be
completed separately due to the various requirements of CEQA and NEPA. The
County, as the CEQA Lead Agency, has the sole discretion and authority to adopt the
NCCP Plan. The USFWS has sole authority to approve the NCCP Plan as an HCP or
Advance HCP in accordance with section 10(a) of the ESA and its implementing
regulations.
3.4.10 Concurrent with the approval of the NCCP Plan and the
Fnal.EIR and Final EIS, one or more of the Parties may enter into an Implementing
Agreement with USFWS and CDFG, consistent with the Process Guidelines, specifying
all terms and conditions of activities under the NCCP Plan/HCP-and the rights and
obligations of the Parties to the Implementing Agreement. The execution of the
Implementing Agreement shall constitute the formal approval of the NCCP Plan by the
Local Governments other than the County, and CDFG, and the execution of the
Implementing Agreement shall constitute the legal commitment by Landowner to the
implementation of the NCCP Plan. Issuance of a section 10(a) permit incorporating an
NCCP Plan/HCP, including an Implementing Agreement, shall constitute the formal
approval by USFWS. If no Target Species has been listed by USFWS as an
endangered species or threatened species, execution by USFWS of an Implementing
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June 17, 1993
931ee00a.oc1
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Agreement shall constitute formal approval of an AHCP. The Implementing Agreement
will become effective as to any party to the Implementing Agreement upon execution by
' the Landowner, CDFG, the USFWS and the County. The Parties recognize that regular
monitoring activities will be included as part of the Implementing Agreement, and
appropriate mechanisms to insure funding of the NCCP Plan/HCP will be included as
part of the Implementing Agreement. The Implementing Agreement will be signed by
those parties necessary to establish an effective HCP or AHCP.
3.4.11 In reviewing and approving the NCCP Plan/HCP, CDFG
shall employ the SRP conservation principles concerning CSS conservation, habitat
needs, species distribution and abundance. CDFG shall also review and approve the
NCCP Plan in accordance with the purposes and requirements of the CESA, including
the provisions of Fish and Game Code section 2081.
3.4.12 In reviewing and approving the NCCP Plan/HCP, USFWS
shall apply the provisions of section 10(a) of the ESA, and shall employ, consistent with
section 3.2.2, the SRP conservation principles concerning CSS conservation, habitat
needs, species distribution and abundance, and other biological considerations, and
shall make findings with respect to whether the NCCP PlanlHGP meets the
requirements for a habitat conservation plan pursuant to section 10(a) of the ESA.
4.0 EFFECT OF PLAN WITH RESPECT TO SPECIES LISTED OR PROPOSED
FOR LISTING.
' Notwithstanding any other provision in this MOA, this MOA is subject to
and shall be carried out in accordance with the ESA, the CESA, or any other applicable
federal or state law or regulation.
4.1 Consideration of NCCP Plan in USFWS Decisions. In the absence
of Unforeseen Circumstances as defined in section 2.20 and 4.10 of this Agreement,
and provided an Implementing Agreement has been executed to implement the NCCP
Plan/HCP in the Southern Orange County Subregion, USFWS shall (i) consider the
NCCP Plan/HCP in any future determinations by the USFWS with regard to the listing
of one or more of the Target Species as an endangered species or threatened species,
(ii) consider that the satisfactory implementation of the NCCP PIanfHCP and
Implementing Agreement will adequately provide for the conservation and protection of
the Target Species and their habitats in the Plan area, and regard that the areas
included in the approved NCCP Plan/HCP do not require further special management
considerations or protection, and (iii) not prescribe any additional mitigation,
enhancement or compensation measures pursuant to the ESA, or other certain statutes
specifically addressed and provided for in the NCCP Plan/HCP, with regard to the
Planned Activities for the conservation or protection of the Target Species or their
habitat.
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4.2 Listing of Target Sgecies Before the NCCP Plan Has Been
AD roved by USFWS. If one or more of the Target Species is listed as an endangered
species or threatened species pursuant to the ESA before an NCCP Plan/HCP for the
Southern. Orange County Subregion is approved by the USFWS, the Landowner, one
or more of the Local Governments or TCA may seek authorization to take such Target
Species in the conduct of Planned Activities in accordance with the ESA. A draft NCCP
Plan/HCP for the Southern Orange County Subregion may be submitted as a proposed
HCP for purposes of Section 10(a) of the ESA.
4.3 ESA Listing of Target Species After the NCCP Plan Has Been
Ar) oroved _y USFWS. In the event that one or more of the Target Species is listed as
an endangered species or threatened species pursuant to the ESA after the NCCP
Plan/HCP for the Southern Orange County Subregion, including an applicable
Implementing Agreement, has been approved by USFWS, the NCCP Plan/HCP shall
be adequate documentation to support an application for a Section 10(a) Permit to take
.such Target Species incidental to the Planned Activities, in the absence of Unforeseen
Circumstances. In such event, any Party may submit an application for a Section 10(a)
Permit, and the USFWS shall treat the -approved NCCP Plan/HCP and associated
Implementing Agreement as a Draft Habitat Conservation Planfor the Southern Orange
County Subregion which has been prepared in compliance with section 10(a) of the
ESA and, subject to 40 G.F.R. § 1502.9(c), shall treat the NCCP PlmVHCP/EIR/EIS as
a final EIS regarding the issuance of the Section 10(a) Permit as authorized by 40
C.F.R. § 1506.3(a). USFWS shall publish notice ("Application Notice") of the
Section 10(a) Permit application in the Federal Register pursuant to 16 U.S.C.
§ 1539(c), as soon as possible after the publication of the final rule in the Federal
Register listing the Target Species as an endangered species or threatened species.
The USFWS shall, after public review and comment and a determination that all
biological and procedural requirements have been met, issue a Section 10(a) Permit on
the basis of the NCCP Plan/HCP and Implementing Agreement authorizing incidental
takings. of the listed species in accordance with the NCCP Plan/HCP as soon as
possible after publication of the Application Notice in the Federal Register. Unless the
USFWS makes a determination that there are Unforeseen Circumstances as provided
in section 2.20 and 4.10, in any Section 7 Consultation with regard to the issuance of
the Section 10(a) Permit the USFWS shall adopt the biological opinion issued pursuant
to section 3.4.8 with regard to the approval of the NCCP Plan/HCP and Implementing
Agreement as the biological opinion issued pursuant to Section 7(b) of the ESA. In any
Section 7 Consultation that may be required with regard to the Planned Activities,
subsequent to the approval of the NCCP Plan/HCP and Implementing Agreement,
USFWS intends to rely, to the greatest extent feasible, on the biological opinion issued
with regard to the approval of the NCCP Plan/HCP and Implementing Agreement.
4.4 Consideration of NCCP Plan in CDFG Decisions. In the absence
of Unforeseen Circumstances as defined in section 2.20 and 4.10 of this Agreement,
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June 17,1993
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432
and provided an Implementing Agreement has been executed to implement the NCCP
Plan in the Southern Orange County Subregion, CDFG shall (i) consider the NCCP
' Plan in any future determinations, including but not limited to any recommendations to
the California Fish and Game Commission, with regard to the listing of one or more of
the Target Species as a CESA Candidate Species, endangered species or threatened
species pursuant to the CESA, (ii) consider that the satisfactory implementation of the
NCCP Plan and Implementing Agreement will adequately provide for the conservation
and protection of the Target Species and their habitats in the Plan Area, and regard
that the areas included in the approved NCCP Plan do not require further special
management considerations or protection, and (iii) not prescribe any additional
mitigation, enhancement or compensation measures -pursuant to CESA, or other
certain statutes specifically addressed and provided for in the NCCP Plan, with regard
to the Planned Activities for the conservation or protection of the Target Species or their
habitat.
4.5 Listing of Target Species Before the NCCP Plan Has Been
Approved by CDFG. If one or more of the Target Species is listed as a CESA
Candidate Species, or as an endang@Ted species or threatened species pursuant to the
CESA before an NCCP Plan for the Southern Orange County Subregion has been
approved by CDFG, the Landowner, one or more of the Local Governments or TCA
may apply for a Section 2081 Permit to take such Target Species incidental to Planned
Activities or for an approval pursuant to Fish and Game Code section 2084 ("Section
2084 Approval") to take any such Target Species which are listed as a CESA
' Candidate Species. A draft NCCP Plan for the Southern Orange County Subregion
may be submitted as a proposed habitat management plan for purposes of the Section
2081 Permit application or Section 2084 Approval application.
4.6 Listing of Target Species After the NCCP Plan Has Been ADDroved
By CDFG. Pursuant to Fish and Game Code sections 2825(c), 2830 and 2835, if one
or more of the Target Species is listed as a CESA Candidate Species or as an
endangered species or threatened species pursuant to the CESA after the NCCP Plan
for the Southern Orange County Subregion and associated Implementing Agreement
have been approved by CDFG, except where CDFG has made a determination that
there are Unforeseen Circumstances as.provided in section 2.20 and 4.10, the NCCP
Plan may be considered as a habitat management plan under the requirements of the
CESA. The CDFG shall issue a Permit substantially in the form of the NCCP Plan to
take the Target Species and its habitat within the Plan area pursuant to section 2081 of
the California Fish and Game Code. The CDFG shall rely on the NCCP Plan in making
any recommendation to the California Fish and Game Commission with regard to Fish
and Game Code section 2084. The CDFG shall consider that the satisfactory
implementation of an Implementing Agreement and the NCCP Plan will adequately
provide for the conservation, protection, restoration, and enhancement of the Target
Species and their habitats in the Plan area.
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4.7 Future Permits. This section describes the intent of the Parties
with respect to the effect of an approved NCCP Plan/HCP and Implementing
Agreement on future permits described in sections 4.7.1 and 4.7.2. These
commitments will be made as part of the Implementing Agreement
4.7.1 Except where CDFG or USFWS has determined the
existence of Unforeseen Circumstances consistent with the provisions of section 2.20
and 4.10, CDFG or USFWS shall not prescribe, or request of any other agency, any
further mitigation, enhancement, or compensation measures pursuant to the ESA or
CESA, or other certain statutes specifically addressed and provided for in the NCCP
Plan/HCP with regard to the Planned Activities for the conservation or protection of the
Target Species or their habitat. It is not the intent of this section to limit informal
discussion or recommendations between the Parties with regard to the implementation
of the NCCP PlanlHCP. It is the intent of this section to assure that recommendations
by USFWS and CDFG, in the context of public agency consideration of Planned
Activities, conform to the mitigation, enhancement and compensation measures
identified in an approved NCCP Plan/HCP and Implementing Agreement.
4.7.2 The Parties to this Agreement acknowledge that the Local
Governments and the Landowner may also be subject to permit requirements -of
agencies not parties to this Agreement, and to the permit requirements of Fish and
Game Code sections 1601 and 1603. In the absence of Unforeseen Circumstances,
participation in the NCCP Plan/HCP shall constitute the full extent of the Mitigation
Measures required by USFWS pursuant to the ESA and CDFG pursuant to the CESA,
and pursuant to other certain statutes specifically addressed and provided for in the
NCCP Plan/HCP for the take of Target Species, or the modification of the habitat of the
Target Species, related to the Planned Activities within the Southern Orange County
Subregion. In addition, in the event that the NCCP Plan/HCP and Implementing
Agreement include commitments by the Local Governments and the Landowner to
provide for the conservation or protection of biological resources other than the Target
Species and their Habitat (e.g., wetland and riparian areas) the NCCP Plan/HCP and
Implementing Agreement may include provisions for the Local Governments or
Landowner to receive appropriate mitigation credit for the particular biological
resources addressed in the NCCP Plan/HCP to offset any mitigation requirements that
may be imposed by the CDFG or other agencies to provide for the conservation or
protection of such other biological resources pursuant to any applicable law.
4.8 Future Environmental Documentation. In issuing any permits or
other approvals for any Target Species that is listed as an endangered species or
threatened species under the ESA or CESA, or listed as a CESA Candidate Species
pursuant to the CESA with regard to Planned Activities, absent Unforeseen
Circumstances, and subject to any requirements of CEQA or NEPA (including 40
C.F.R. § 1502.9(c)), USFWS and CDFG shall rely on and shall utilize the EIR/EIS
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NCCP Agreement
June 17,1993
9316800LOC1
prepared in conjunction with the NCCP Plan/HCP as the CEQA and NEPA
environmental document for such permits and approvals. The Local Governments shall
' rely on and shall utilize the EIR prepared in conjunction with the NCCP Plan/HCP in
evaluating future planning decisions, and in issuing any permits or other approvals
within the Southern Orange County Subregion with regard to the Planned Activities.
The Parties understand and intend that the EIR/EIS prepared in conjunction with the
NCCP Plan/HCP will operate as a "program" EIR and EIS pursuant to applicable
provisions of the Council on Environmental Quality NEPA regulations (40 C.F.R. § 1500
at=.), the CEQA Guidelines (14 C.C.R. § 15000 et seg.) and the NCCP Act.
Subsequent activities will be examined in light of the program EIR/EIS to determine if
additional environmental documentation is required.
4.9 CSS Species. The NCCP Planning Guidelines indicate and the
Parties agree that an NCCP Plan/HCP which provides effective conservation measures
for the Target Species should provide significant conservation for other CSS Species.
USFWS and CDFG agree that they will consider the NCCP Plan/HCP in any future
listing determinations with respect to CSS Species identified in the NCCP Plan/HCP,
and, in particular, shall consider the adequacy or inadequacy of the approved NCCP
Plan/HCP and Implementing Agreement in protecting CSS Species under 16 U.S.C.
1533(a)(1).
4.10 Identification of Unforeseen Circumstances. In order to establish
Unforeseen Circumstances, as defined in section 2.20, USFWS or CDFG shall make a
' formal written determination that Unforeseen Circumstances have occurred, setting
forth the basis for the determination. Upon making such a determination, USFWS or
CDFG shall notify the Parties to this Agreement regarding the basis for any
determination of Unforeseen Circumstances.
5.0 MISCELLANEOUS PROVISIONS.
5.1 Reservation of Rights. Nothing in this Agreement shall be
construed as a waiver of any rights or objections that any of the Parties may have with
respect to the Proposed Listing of any Target Species, or of any objections to the
regulation of activities by CDFG which do not result in take of any species listed
pursuant to the CESA as a. candidate, threatened or endangered species as the term
"take" is defined in California Fish and Game Code section 86. Landowner, Local
Governments, and TCA reserve their right to oppose any formal listing or Proposed
Listing of any Target Species pursuant to the ESA or CESA. USFWS and CDFG
reserve the right to proceed with the listing of any Target Species as an endangered
species or threatened species and to carry out all of their responsibilities and duties
under the ESA and CESA.
M
NCCP Agreement
June 17, 1993
9316WOLOC1
434
435
5.2 Notices. Any notices required or permitted to be given under this
Agreement shall be in writing and may be given by personal delivery, facsimile or by
United States Postal Service first class mail, and shall be deemed sufficiently given if
addressed to the following addresses for the respective Parties:
Mr. Michael A. Mantell
The Resources Agency
1416 Ninth Street, Suite 1311
Sacramento, California 95814
Mr. Larry Eng
California Department of Fish and Game
1416 Ninth Street
Sacramento, California 95814
Mr. Gail C. Kobetich
U.S. Fish and Wildlife Service
Office of Endangered Species
2800 Cottage Way, Room E-1823
Sacramento, California 95825
Mr. Thomas Matthews
County. of Orange
Environmental Management Agency —
12 Civic Center Plaza, Room 236
Santa Ana, California 92702
Mr. Steve Letterly
Transportation Corridor Agencies
345 Clinton Street
Costa Mesa, California 92626
Mr. Richard Broming
Santa Margarita Company
30211 Avenida de las Band'eras
Rancho Santa Margarita, California 92688
NCCP Agreement
June 17, 1993
93168001-OCI
436
Mr. Glen Allen
Arvida Company
' 26471 Crown Valley Parkway, Suite 130
Mission Viejo, California 92691
Mr. Chris Taylor
Coto de Caza
One Coto de Caza Drive
Coto de Caza, California 92679-3602
5.3 Headings. The subject headings of the sections of this Agreement
are provided for convenience only and shall not effect the construction or interpretation
of any of the provisions of the Agreement.
5.4 Entire Agreement. This Agreement constitutes the full and
complete agreement of the Parties and supersedes any and all prior or
contemporaneous written or oral negotiations, correspondence, understandings and
agreements between the Parties respecting the subject matter hereof. Any
supplement, modification or amendment to this Agreement shall be executed in writing
by all Parties. No waiver of any of the provisions of this Agreement sfiall constitute a
waiver of any other provisions. No waiver shall be binding unless executed in writing by
the Party making the waiver.
5.5 Assignment. This Agreement is intended to apply to the Parties
and their respective successors and assigns.
5.6 Counterparts. This Agreement may be executed in multiple
counterparts and each such executed counterpart shall be deemed an original, all of
which together shall constitute a single executed Agreement
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June 17, 1993
931680OLOCI
437
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Agreement effective as of the last date set forth below.
Dated_A_ - t , 1993 CALIFORNIA RESOURCES AGENCY, an agency of
the State of California
By —
Title
Dated11993 CALIFORNIA DEPARTMENT OF FISH AND GAME,
a dep ent of The Resources Agency of the State
of C ifo is
BY `V
Dated:�&Atkz3 1993 UNITED STATES FISH AND WILDLIFE SERVICE,
an agency of the Department of Interior of the United
States of America
Dated: , 1993 COUNTY OF ORANGE, a political subdivision of the
State of California
NCCP Agreement
April 22, 1993
93oes00r.x1
By--! 1
T'rile Dir for of P1 ning, EMA
y -4e
Dated: —lb�, 1993
Dated: April 28 ,1993
Dated: 11993
it{4z�e /3
FOOTHILUEASTERN TRANSPORTATION
CORRIDOR AGENCY, a joint powers authority
Byf --
Title Chief Executive Officer
SANTA MARGARITA COMPANY
ARVIDA/JMB PARTNERS, a Florida general partnership
By: Arvida/JMB Partners, L.P.-II
a Delaware limited partnership, its general partner
By: Arvida/JMB Managers, Inc.,
a Delaware corporation, its general partner
43V
By
it A thorized Representative
Dated: A Pit, Q . 1993 COTO DE CAZA, a California limited partnership,
By: Chevron Land and Development Company,
a Delaware Corporation, General Partner
By - R. _//
Title Assistant Secretary
-22-
NCCP Agreement
April 22, 1993
9308500T.007
439
Dated: 1993
Dated: 11993
Dated: 1993
NCCP Agreement
April 22, 1993
9306500T.Oc1
By
Title
By—
Title
By—
Title
yTitle
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