ORD 408U ORDINANCE NO. 408U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES FURTHER
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. 391 U, 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. 391 U was set to expire on July 4, 2003,
unless otherwise extended pursuant to Government Code Section 65858; and
WHEREAS, on July 1, 2003, the City Council adopted Ordinance No.
395U which extended Ordinance No. 391U for 10 months and 15 days, to allow
for continued deliberations by staff, the Planning Commission and the City
Council regarding a permanent Coastal Sage Scrub Conservation and
Management ordinance; and
WHEREAS, Ordinance No. 391 U, as extended by Ordinance No. 395U,
will expire on May 16, 2004 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; and
WHEREAS, because a permanent Coastal Sage Scrub Conservation and
Management ordinance has not yet been enacted, a one year extension from the
date of the adoption of Ordinance No. 391 U is necessary to provide sufficient
time to enact a permanent ordinance; and
WHEREAS, on April 17, 2004, the City caused to be published notification
of a public hearing to consider the extension of Ordinance No. 391 U in the Palos
Verdes Peninsula News, and on the same date the City mailed notice to all
interested parties.
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 year from May 16, 2004, the date on which Ordinance
No. 391 U would otherwise expire.
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. 391 U, 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
Ordinance No. 408U
Page 2 of 4
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.
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.
F. Despite the delay in adoption of a permanent Coastal Sage Scrub
Conservation and Management ordinance, the paramount issue is the prevention
of unregulated removal of a locally important environmental resource, and each
of the foregoing urgency findings made in support of the initial adoption and prior
extension of Ordinance No. 391 U remain equally valid as of the date of adoption
of this ordinance.
G. The Planning Commission must review the permanent Coastal
Sage Scrub Conservation and Management ordinance, and has commenced but
not yet completed its review because of outstanding issues which must be
researched and analyzed, and because preparation of the urgency ordinance
was placed on hold while a specific weed abatement request pursuant to the
provisions of Ordinance 391 U was processed. The Planning Commission must
consider the various important competing interests implicated by a permanent
ordinance, including those of private property owners and those related to
conservation and preservation of natural resources including the interests in
Ordinance No. 408U
Page 3 of 4
furthering the City's ongoing NCCP process. Further, the appointment of new
Planning Commissioners and the volume of time sensitive projects that are
subject to the State Permit Streamlining Act has resulted in full Planning
Commission meeting agendas in the recent past, and has precluded Planning
Commission consideration and action on a permanent ordinance.
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 5th day of May 2004.
0.,
/ Mayor
Attest:
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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. 408U was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on May 5, 2004, and
that the same was passed and adopted by the following roll call vote:
AYES: Clark, Long, Stern, Wolowicz, and Mayor Gardiner
NOES: None
ABSENT: None
ABSTAIN: None
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City Clerk
Ordinance No. 408U
Page 4 of 4
Aji!
RANCHO PALOS VERDES
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 May 10, 2004, she caused to be posted the following document entitled:
Ordinance No. 408U —AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES FURTHER 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, 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.
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0.,L\- ..,,U..‘ ty Clerk
W:\City Council Ordinances\affidavits\Ordinance 408U-Extension of NCCP Coastal Sage Scrub.doc