“Seventy-five (75) to 100 percent conservation area” means lands for which hardline preserve boundaries have not yet been established, but where development or impact is limited to 25 percent or less of the mapped area and preserve will total between 75 percent and 100 percent of the mapped area and where the conserved portion will be managed for its biological resources. These mapped 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.

“One hundred (100) percent conservation area” means lands within the City of Chula Vista for which hardline 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.

“Agricultural operations” means soil disturbance activity for the preparation or maintenance of a site for the cultivation of crops or other agricultural purposes where the activity has occurred continuously within previous years, in compliance with all applicable regulations, and involves no intensification of the use.

“Appropriate managing facility” means the entity that manages any portion of the preserve, including, but not limited to, the City, a third-party under the direct control of the City, or the Otay Ranch preserve owner/manager.

“Biological and open space easement” means a permanent legal encumbrance to protect biological resources and dedicate land to the preserve. The biological and open space easement is also referred to as a conservation easement.

“Biological functional equivalency” means a modification to a preserve boundary, which results in a preserve configuration with a biological value, that is equal to or higher than the original preserve configuration. The comparison of biological value is based on the “like or equivalent” exchange concept for biological factors identified in Section 5.4.2 of the MSCP subregional plan.

“Biologist” means a person meeting the qualifications as established by the Director of Development Services, or designee, and approved by the same. At a minimum, the person shall have at least a four-year college degree in biology, zoology, botany, wildlife management, or other closely related field, with at least two years’ experience conducting field investigations in San Diego County.

“Candidate species” means those native species or subspecies of bird, mammal, fish, amphibian, reptile, or plant that the California Fish and Game Commission has formally noticed as being under review by CDFG for addition to either the list of endangered species or the list of threatened species, or a species for which the Fish and Game Commission has published a notice of proposed regulation to add the species to either list, pursuant to Section 2068 of the California Fish and Game Code.

“CDFG” means California Department of Fish and Game, a subdivision of the state of California charged with administering the California Endangered Species Act and the Natural Community Conservation Planning Act.

“CEQA” means the California Environmental Quality Act (California Public Resources Code Section 2100 et seq.), including all regulations promulgated pursuant to that act.

“Chula Vista covered species” means those covered species which are adequately conserved by the Chula Vista MSCP subarea plan, together with other subarea plans within the MSCP subregional plan area in effect during the duration of the City’s Section 10(a)(1)(B) permit issued by the United States Fish and Wildlife Service (USFWS) and take authorization issued by CDFG, and including species adequately conserved. Adequate conservation for certain Chula Vista covered species shall include the measures contained in the findings for those species in Table 3-5 of the MSCP subregional plan.

“Clearing” means the cutting of natural vegetation by any means, without disturbance to the soil and root system.

“Clearing and grubbing permit” means a permit issued pursuant to this chapter that allows clearing and grubbing that is not in association with other land development work.

“Covered project” means those projects within the City of Chula Vista or annexed into the City in which hardline preserve boundaries have been established pursuant to the approved Chula Vista MSCP subarea plan and where conservation in those designated areas shall be consistent with the MSCP subregional plan and Chula Vista MSCP subarea plan and have or will be specified as binding conditions of approval in such projects’ plans and approvals. Covered projects are identified on Table 5-1 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time.

“Covered species” means those species within the MSCP subregional plan which will be adequately conserved by the MSCP when the MSCP is implemented through the subarea plans, and includes species adequately conserved and Chula Vista covered species.

“Development” means the uses to which land shall be put, including construction of buildings and structures and all alterations of the land incidental thereto, excluding agricultural operations.

“Development areas” means mapped areas planned for development pursuant to the Chula Vista MSCP subarea plan and within which the take of Chula Vista covered species is authorized by the Section 10(a)(1)(B) incidental take permit and Section 2835 permit. These mapped 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.

“Endangered species” means a species listed as “endangered” under the Federal Endangered Species Act or the California Endangered Species Act.

“Future facilities” means facilities that are necessary to support City services or planned development in the future and are not specifically listed in the Chula Vista MSCP subarea plan as a planned facility.

“Grading” means any excavating or filling or combination thereof and shall include the land in its excavated or filled condition.

“Grubbing” means the removal of natural vegetation by any means, including removal of the root system.

“Land development permit” means a permit issued pursuant to Chapter 15.04 CVMC.

“Listed noncovered species” means a species listed as “threatened” or “endangered” under the Federal ESA or California Endangered Species Act, but for which a Section 10(a)(1)(B) incidental take permit or a Section 2835 take authorization has not been granted pursuant to the Chula Vista MSCP subarea plan.

“MSCP implementation guidelines” means guidelines formulated by the City of Chula Vista to aid in the interpretation and facilitate implementation of the Chula Vista MSCP subarea plan and HLIT ordinance. These guidelines are complementary to the Chula Vista MSCP subarea plan and HLIT ordinance and do not include new substantive information or requirements.

“MSCP subregional plan” means the multiple species conservation program plan, dated August 1998, which addresses multiple species’ habitat needs and the preservation of native vegetation for a 900-square-mile area in southwestern San Diego County, California.

“MSCP subregional plan area” consists of approximately 900 square miles in southwestern San Diego County, California, referred to in the MSCP subregional plan as the “MSCP subregional plan study area.”

“Narrow endemic species” means species that are highly restricted by their habitat affinities or other ecological factors. These species are listed in Table 5-4 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time.

“Natural vegetation” means vegetation identified as Tier I, II or III on Table 5-3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time.

“NCCP Act” means the California Natural Community Conservation Planning Act of 1991, as amended (California Fish and Game Code Section 2800 et seq.), including all regulations promulgated pursuant to the act. Amendments to the NCCP Act enacted effective January 1, 2003 (Chapter 4, Sections 1 and 2 of California Statutes 2002 (S.B. 107)) expressly provide that the Chula Vista subarea plan will be solely governed in accordance with the NCCP Act as it read on December 31, 2001, and not by the substantive provisions of S.B. 107.

“Participating local jurisdiction” means any of the 12 local governments within the MSCP study area that may prepare a MSCP subarea plan and receive a Section 10(a)(1)(B) permit from the USFWS and Section 2835 permit from the CDFG.

“Planned facilities” means facilities that have been specifically identified by the City of Chula Vista to serve development approved by the City and specified in Table 6-1 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time.

“Preserve” means 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.

“Project area” means an area considered for development and shall include the entire contiguous land under the same ownership or like property interest, or in the case of development proposed by a public agency, the area required for development as determined by the Director of Development Services, or designee.

“Section 10(a)(1)(B) permit” means the permit issued by the USFWS to the City of Chula Vista under Section 10(a)(1)(B) of the Federal Endangered Species Act (16 U.S.C 1539 (a)(1)(B)) to allow the incidental take of species adequately conserved and/or Chula Vista covered species, as identified in the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, to the extent take of such species is otherwise prohibited under Section 9 of the Act. The take of listed plant species is not prohibited under the ESA or authorized under the Section 10(a)(1)(B) permit. However, plant species adequately conserved by the Chula Vista subarea plan, or by the Chula Vista subarea plan in conjunction with other approved MSCP subarea plans, are listed in the Section 10(a)(1)(B) permit in recognition of the conservation measures and benefits provided for them under the approved subarea plans. Such plant species receive assurances pursuant to the USFWS “no surprises” rule.

“Section 2835 permit” means a permit issued by the CDFG to the City of Chula Vista under Section 2835 of the California NCCP Act to authorize the take of species adequately conserved and/or Chula Vista covered species, as identified in the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time.

“Sensitive biological resources” means lands that contain natural vegetation and/or wetlands, and/or habitat occupied by covered species, other listed noncovered species, and/or narrow endemic species.

“Species adequately conserved” means those species for which the Chula Vista MSCP subarea plan provides substantial conservation and for which the City of Chula Vista shall receive take authorization regardless of the participation or continued participation of any other participating local jurisdiction.

“Take authorization” means permit authority granted through a Section 10(a)(1)(B) permit pursuant to the ESA and/or the Section 2835 permit pursuant to the NCCP Act.

“Temporary impacts” means anticipated impacts that result during the course of construction but are not part of the permanent developed condition of a project area.

“Threatened species” means a species listed as “threatened” under the ESA or CESA.

“USFWS” means United States Fish and Wildlife Service, an agency of the United States Department of Interior, charged with administering the Federal Endangered Species Act.

Wetlands. “Wetlands” are generally defined as those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. For purposes of the Chula Vista MSCP subarea plan, wetlands are those lands which contain naturally occurring wetland communities listed on Table 5-6 of the Chula Vista MSCP subarea plan and further described in Appendix B of the Chula Vista MSCP subarea plan. Wetlands also include areas lacking wetland communities due to nonpermitted filling of previously existing wetlands.

“Wildlife agencies” means the USFWS and the CDFG. (Ord. 3544 § 1, 2023; Ord. 3004 § 1, 2005).