ORD 395U ORDINANCE NO. 395U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES EXTENDING
ORDINANCE NO. 391U, AN INTERIM ORDINANCE RELATED TO THE
CONSERVATION AND MANAGEMENT OF COASTAL SAGE SCRUB
HABITAT, ESTABLISHING REGULATIONS AND PROCEDURES
APPLICABLE THERETO, AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
WHEREAS, on May 20, 2003, the City Council of the City of Rancho Palos Verdes
adopted Ordinance No. 391U, which adopted an interim ordinance related to the
conservation and management of coastal sage scrub habitat, established regulations and
procedures applicable thereto, and amending the Rancho Palos Verdes Municipal Code;
and
WHEREAS, in accordance with the provisions of Government Code Section 65858,
a public hearing was duly noticed, pursuant to the provisions of Government Code Section
65090, to be held at the regular City Council meeting of July 1, 2003, so that the City
Council could receive public testimony regarding the Ordinance; and
WHEREAS, the Planning Commission held a duly notice public hearing regarding
the adoption of a permanent Coastal Sage Scrub Conservation and Management ordinance
on June 24, 2003, at which time the Planning Commission continued the discussion of the
ordinance to a future meeting; and
WHEREAS, Ordinance No. 391U will expire on July 4, 2003, unless otherwise
extended pursuant to Government Code Section 65858; and
WHEREAS, the Planning Commission has not yet concluded its deliberations
regarding the text of a permanent Coastal Sage Scrub Conservation and Management
ordinance, but intends to forward a recommendation to the City Council in the future after
deliberations have concluded; and
WHEREAS, the City Council has yet to consider the text of a permanent Coastal
Sage Scrub Conservation and Management ordinance, but intends do so after receiving a
recommendation from the Planning Commission; and
WHEREAS, the City has been advised that owners of certain properties in the City
have removed CSS previously, and that these property owners will continue to remove CSS
habitat in the future, and
WHEREAS, the City was informed by a letter dated May 16, 2003, from York Long
Point Associates that that organization intended to "mow grass/weeds", or conduct "weed
abatement activities," on an approximately 90 to 100 acre area that has been previously
shown to contain CSS plant communities, and which has the potential to be occupied by the
Gnatcatcher, and without completion of a biological survey of the site to ascertain whether
the 90 to 100 acre weed abatement area is currently occupied by the Gnatcatcher, it is
possible that the weed abatement activity could violate the City's NCCCP 4(d) permit
requirements and the Federal Endangered Species Act.
WHEREAS, because a permanent Coastal Sage Scrub Conservation and
Management ordinance has not yet been enacted, a 10 month and 15 day extension from
the date of the adoption of Ordinance No. 391U is necessary to provide sufficient time to
enact a permanent ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 391 U, adopted on May 20, 2003, is hereby extended for
an additional 10 months and 15 days from the date of adoption of this ordinance.
Section 2. Ordinance No. 391 U is extended for the period specified in Section 1, so
that the City will be able to prepare and adopt a permanent Coastal Sage Scrub
Conservation and Management ordinance.
Section 3. The City Council finds and determines that the immediate preservation of
the public health, safety and welfare requires the extension of Ordinance No. 391U, and
that this interim ordinance is enacted as an urgency ordinance pursuant to Government
Code Section 65858 and shall take effect immediately upon adoption. Said finding and
determination is based upon the recitals set forth above and the following:
A. Pursuant to the authority provided by the Natural Community Conservation
Planning Act of 1991(commencing with Section 2800 of the California Fish and Game
Code), the City has entered into a formal planning agreement with the California
Department of Fish and Game ("DFG") for the purpose of implementing a natural
community conservation plan ("NCCP") to provide for the regional protection and
perpetuation of natural wildlife diversity while allowing compatible land use and appropriate
development and growth in areas where there is coastal sage scrub ("CSS") habitat.
B. The City is actively engaged in the planning and preparation of a NCCP
pursuant to the planning agreement. During the planning period, it is desirable to ensure
that activity in the City is consistent with the goals, objectives, and efforts of the NCCP
process through the adoption of regulations that both respect property rights and protect the
public health, safety and general welfare.
C. CSS habitat supports a unique diversity of plant and wildlife species and is a
valuable natural resource for the City and its residents. The United States Fish and Wildlife
Service ("FWS") has identified CSS habitat as critical habitat essential to the conservation
of several endangered and threatened species, including the coastal California gnatcatcher
(the "gnatcatcher").
D. Unregulated removal of CSS, results in the elimination of critical habitat,
reduces the natural species diversity in the City, and appreciably reduces the likelihood of
the continued survival of the gnatcatcher, particularly if such removal occurs during the
breeding season of the gnatcatcher, which occurs annually between February 15 and
August 31.
Ordinance No. 395U
Page 2 of 3
E. CSS conservation and management is consistent with the efforts of the City
and the requirements of the United States Fish and Wildlife Service and the California
Department of Fish and Game and will support the natural resource management activities
of the City in its role as lead agency in the preparation of the sub-regional NCCP for the
Palos Verdes Peninsula Sub-area.
Section 4. The City Council declares that the provisions of this interim ordinance are
severable. If, for any reason, any sentence, paragraph, or section of this interim ordinance
is determined by a court of competent jurisdiction to be invalid, such determination will not
affect the validity of the remaining provisions of this interim ordinance.
Section 5. The City Clerk is directed to certify to the passage and adoption of this
interim ordinance and to cause the full text of this interim ordinance to be published as
required by law.
PASSED, APPROVED and ADOPTED this 1st da of J 2003.
tAx
Mays.
Attest:
JP
A 11
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; the foregoing
Ordinance No. 395U was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on July 1, 2003, and that the same was passed and adopted
by the following roll call vote:
AYES: Clark, Ferraro, Gardiner, McTaggart and Mayor Stern
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance No. 395U
Page 3 of 3
i
11 .
RANCHO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on July 2, 2003, she caused to be posted the following document entitled:
Ordinance No. 395U —An Ordinance of the City of Rancho Palos Verdes Extending
Ordinance No. 391 U, an Interim Ordinance Related to the Conservation and Management of
Coastal Sage Scrub Habitat, Establishing Regulations and Procedures Applicable Thereto,
Amending the Rancho Palos Verdes Municipal Code and Declaring the Urgency Thereof, a
copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
(IP / , //'
'D
City Clerk
W:\Ordinances\affidavits\Ordinance 395U-Ordinance Relating to Conservation and Mgmt of CSS.doc