1. What is the MSCP?
The MSCP is a regional plan that ensures the long-term survival of sensitive plant and animal species and protects the native vegetation found throughout San Diego County. The MSCP addresses the potential impacts of urban growth, natural habitat loss and species endangerment and creates a plan to mitigate for the potential loss of sensitive species and their habitats. The MSCP covers 12 governmental jurisdictions. Each jurisdiction has its own Subarea Plan and differs in how they implement the MSCP. The County Subarea Plan, adopted by the Board of Supervisors on October 22, 1997, covers 252,132 acres of unincorporated land.
2. What is the Biological Mitigation Ordinance (BMO) and how is it related to the MSCP?
The Biological Mitigation Ordinance (BMO) provides the regulatory basis for implementing the MSCP. The BMO outlines the sensitive resources of concern and sets forth the criteria that all private and public projects must follow. The BMO includes specific project design criteria that must be incorporated into each project, such as protecting wildlife movement corridors and avoiding resources considered to be significant. The BMO also limits the amount of impacts that may occur to certain sensitive, rare or endangered species, such as no more than 20% of a population, and sets the minimum amount of mitigation that must be provided.
3. If my land is included within the MSCP, will I be still able to develop my land?
Yes. The MSCP does not place a moratorium on development. However, all development projects must be found to be in conformance with the MSCP. How a project conforms varies depending on the development type. Some projects meet certain exemption criteria and do not require any modification while others require revisions and mitigation in order for the project to conform. County staff will review each project and determine what is necessary for conformance with MSCP.
4. Will the government condemn my land for the MSCP?
No. No land will be condemned to achieve the goals of the MSCP. In fact, the Board of Supervisors included that statement in a list of deal points prior to the approval of the MSCP. The County will only purchase lands from willing sellers. In addition, Federal and State agencies involved with land acquisition have stated similar restrictions on condemnation.
5. Can I sell my land to the MSCP?
Maybe. The County has an obligation to acquire over 9,000 acres of land for preserve within the MSCP. Since the inception of the MSCP, the County has negotiated and purchased several properties from willing sellers within the MSCP. The County will purchase land that meets certain criteria, such as if the property is important in completing the planned preserve system for the region. If you are interested in potentially selling your land to the County you should provide written information to the MSCP section of the Department of Planning and Land Use or the Department of Parks and Recreation. At minimum you should provide the following information: The full assessor parcel number, the size of the property, and a general description of the property including total acreage. Send Information to: the Real Estate Services Division, at 5555 Overland Avenue, Suite 2110, San Diego, CA 92123 or call them at 858-694-2300.
6. Is the MSCP just a method for developers to get around the Federal and State endangered species acts?
No. While developers do benefit from the permit streamlining that the MSCP allows, the regional preservation of important biological resources is the main goal of the MSCP. The MSCP was created to provide protection for sensitive plants and animals as well as sensitive habitat types. The MSCP protects biological resources while providing guidelines for development as well as establishing programs for land acquisition. The MSCP and BMO set forth specific preserve design considerations, limits to impacts and minimum mitigation requirements which all development projects must follow. The County has a section 10(a) Permit through the U.S. Fish and Wildlife Service, that allows Incidental Take of threatened and/or endangered species. Take Authority under the County's 10(a) Permit may be transferred to individual projects. This Third Party Beneficiary Status is transferred after projects within the MSCP make specific findings regarding issues such as preserve design, avoidance of sensitive resources and preservation of wildlife movement corridors. The County's granting of Third Party Beneficiary Status means that developers do not need to obtain individual permits from the state and federal government, which can substantially reduce the time and costs involved for a project.
7. How will being in the MSCP affect the processing of my subdivision/permit?
County staff will incorporate the evaluation for MSCP conformance into the environmental review required under the California Environmental Quality Act (CEQA). The time and costs involved with the environmental review of your project should not be significantly affected due to the MSCP. In the absence of a plan such as the MSCP, individual developments would be required to obtain permits from U.S. Fish and Wildlife Service. In addition, there are already a number of factors that affect development including critical habitat designations and listings of species as rare and endangered. Your project may require revisions depending on its location within the MSCP and the biological resources present on the site. You may also be required to provide mitigation for any impacts your project might have on sensitive resources. However, projects outside of MSCP are subject to similar constraints due to requirements under CEQA. Therefore, the review of the project will not be significantly different due to MSCP.
8. What is mitigation?
Mitigation is a provision that helps lessen the severity of a project's impact on the environment. Mitigation measures are usually required as conditions of approval that must be satisfied during the course of the project, such as prior to project approval or prior to obtaining any future permits that might be needed. The mitigation that is required for each project varies depending on the potential impacts. Some examples of mitigation for impacts to biological resources include preserving habitat in an open space easement and putting up permanent fencing and signs around the open space. Mitigation may also include purchasing habitat credit in a "Mitigation Bank", a preserve owned and managed by a conservancy group. For land that is not identified as high habitat value, it may be more appropriate that mitigation occur offsite rather than in the development. The Biological Mitigation Ordinance defines the minimum for mitigation for projects within the MSCP. Additional mitigation beyond that specifically listed in the BMO may be warranted depending on the impacts proposed.
9. What part of the County is covered by the MSCP?
The original boundaries of the MSCP apply to land that is served by the City of San Diego Metro Wastewater sewer system. These boundaries extend from the southern portion of Ramona and the San Diequito River, east to Poway, Lakeside and Alpine and south to the border with Mexico. The plan for that area was approved on October 22, 1997. The County is currently working on a plans for the northern and eastern parts of the unincorporated area. The northern area contains areas around the incorporated cities of Oceanside, Encinitas, San Marcos, Vista, and Escondido east to the Cleveland National Forest and north to the County line. The eastern area will involve all of the land not included within the first two phases and will cover the land from approximately the Cleveland National Forest to the eastern county line.
10. Was I notified that my property was inside the MSCP?
All landowners of property within the MSCP were notified by mail of upcoming hearing dates and times prior to the public hearings held by the Planning Commission and Board of Supervisors during which the MSCP was discussed and adopted. Prior to that, several public workshops were held to elicit the public's opinion over the six years it took to plan the MSCP. Workshops were noticed to the public through both the mail and newspapers.
11. How do I find out if my property is within the MSCP?
You may contact the Department of Planning and Land Use at (858) 565-5981 to inquire about your property. You can also locate your property and MSCP status using the interactive mapping website at www.sangis.org.
12. Can I clear vegetation for fire safety within the MSCP?
Yes. County Fire Marshals require the clearing of hazardous vegetation close to houses and buildings in the unincorporated area. However, concerns are raised by citizens as to whether these activities would be in violation of the State and Federal Endangered Species Acts. The County Fire Chief's Association and the wildlife agencies, i.e., California Department of Fish & Game (CDFG) and U.S. Fish & Wildlife Service (USFWS), signed a Memorandum of Understanding (MOU) in 1997. This MOU exempts the incidental take of endangered species by landowners complying with a Fire Marshal's Order, which is generally 100 feet of clearing.
Clearing in areas beyond that required by the Fire Marshal's Order may require permits issued by Federal, State, and/or County authorities. For more information, please contact the Department of Planning and Land Use, Zoning Information Counter, at (858) 565-5981 and 1-888-267-8770, CDFG at (858) 467-4201, and USFWS at (760) 431-9440.
13. How do I find out more about the MSCP?
There are several methods by which you could find out more about the MSCP. In addition to this website, the MSCP Division of the Department of Planning and Land Use publishes a newsletter every quarter that reports on recent land acquisitions, relevant changes in the law and general information for the public. To be added to the mailing list for "MSCP Newsletter," please contact Leann Carmichael at (858) 694-3739 or email us at mscp@sdcounty.ca.gov.
Various materials are also available to the public. If you would like to view or purchase a map of the South County MSCP Subarea Plan, you may do so through the SANGIS website (www.sangis.org). Copies of the County Subarea Plan and Biological Mitigation Ordinance are available for purchase at the Cashier for the Department of Planning and Land Use at 5201 Ruffin Road, Suite B, San Diego, CA, 92123 and on the MSCP Documents page. If you have general questions regarding the MSCP, please contact Leann Carmichael at (858) 694-3739 or Sabrina Ozturk at (858) 694-3004. For questions relating to the processing of private or public projects in MSCP, you may contact Monica Bilodeau at (858) 694-3085.
Last updated: July 2008
