ORD 419U ORDINANCE NO. 419U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
RELATING 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.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds and declares all of 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 critical habitat, comprised primarily of CSS, as
being essential to the conservation of several endangered and threatened species, as
defined by the Federal Endangered Species Act, 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. Similar impacts could occur from removal of occupied habitat that is not
CSS.
(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 2. Title 17 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding Chapter 17.41 thereto to read as follows:
"Chapter 17.41. Coastal Sage Scrub Conservation and Management.
17.41.010. Short title.
17.41.020. Purpose and intent.
17.41.030. Application of chapter.
17.41.040. Definitions.
17.41.050. Prohibited conduct.
17.41.060. Exemptions.
17.41.070. Application to the director.
17.41.080. Appeal.
17.41.090. Violations and penalties.
17.41.010. Short Title. This chapter shall be known and may be cited as
the "Rancho Palos Verdes Coastal Sage Scrub Conservation Ordinance."
17.41.020. Purpose and intent. This chapter establishes policies,
regulations, and standards necessary to ensure that the City will continue to realize the
benefits provided by its natural environment. The City Council finds and declares that it
is necessary to adopt this chapter to promote the public health, safety and general
welfare by providing requirements and procedures that reduce adverse impacts on
threatened or endangered species, which could be directly created or indirectly induced
by the unregulated removal of CSS habitat and other vegetation that is occupied by
threatened or endangered species, regardless of whether such removal occurs in
connection with proposed and existing developments. Coastal sage scrub habitat has
been designated by the United States Fish and Wildlife Service as critical habitat
essential for the continued survival of, among other species, the coastal California
gnatcatcher. Therefore, this chapter establishes a regulatory process for approval of
weed abatement and other activities undertaken on properties that are greater than two
acres in size and contain CSS habitat to ensure that such activity does not jeopardize
the continued viability of any endangered or threatened species due to the removal of,
or impact to, occupied habitat.
17.41.030. Application of chapter. This chapter shall apply to all
properties in the City that contain CSS habitat, as depicted on the City's most current
NCCP map, including any areas subsequently annexed by the City, unless state or
federal law prescribes otherwise. Nothing in this Chapter shall be construed to
authorize the removal of any plant, including without limitation CSS, which would
constitute a violation of any other applicable state or federal law or regulation, including
without limitation, the Endangered Species Act.
Ordinance No. 419U
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17.41.040. Definitions. For the purposes of this chapter, the following
definitions shall apply unless the context clearly requires otherwise:
A. "City" means the City of Rancho Palos Verdes.
B. "City council" means the city council of the City of Rancho Palos Verdes.
C. "Coastal sage scrub or coastal sage scrub plant community ("CSS")"
means a vegetation community composed of relatively low-growing
summer deciduous and succulent plants. Coastal sage scrub is the more
general name for vegetation communities known as maritime succulent
scrub, Diegan (or Riversidian) sage scrub, southern coastal bluff scrub,
inland sage scrub, alluvial fan scrub, and mixtures of vegetation
communities containing coastal sage elements and providing suitable
gnatcatcher habitat. Characteristic plants of this community include, but
are not limited to, California sagebrush (Artemisia californica), ashy-leaf
buckwheat (Eriogonum cinereum), California sunflower (Encelia
californica), coyote brush (Baccharis pilularis), California buckwheat
(Eriogonum fasciculatum), lemonadeberry (Rhus integrifolia), purple sage
(Salvia leucophylla), black sage (Salvia mellifera), prickly pear and cholla
cactus.
D. "Department of Fish and Game" means the California Department of Fish
and Game.
E. "Director" means the Director of Planning, Building and Code Enforcement
for the City of Rancho Palos Verdes.
F. Exotic Woodland" vegetation means a vegetation category identified in the
City's NCCP that consists of non-native trees and shrubs. Some of the
introduced species may exist as ornamental vegetation that is used in
landscaping and some are invasive and have dispersed into grassland
and native habitats. Exotic species include everblooming acacia (Acacia
longifolia), Sydney golden wattle (Acacia cyclops), Peruvian pepper tree
(Schinus molle), Brazilian pepper tree (Schinus terebenthifolia), black
locust, (Robinia pseudoacacia), myoporum (Myoporum laetum), gum tree
(Eucalyptus spp.) and pines (pinus spp.).
G. "Fish and Wildlife Service" ("FWS") means the United States Fish and
Wildlife Service.
H. "Gnatcatcher" means the coastal California gnatcatcher (Polioptila
californica), a small insectivorous songbird that inhabits almost exclusively
the coastal sage scrub plant community, although it is found in other plant
communities. The gnatcatcher has been listed as a threatened species
under the federal endangered species act. The continued existence of the
gnatcatcher is threatened by habitat loss and fragmentation occurring in
conjunction with urban and agricultural development.
Ordinance No. 419U
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I. "Habitat modification" means altering, clearing, cutting, destroying,
relocating, or removing any coastal sage scrub, or any other act, which
causes, or may be reasonably expected to cause the reduction in habitat
value of a plant that makes up the coastal sage scrub plant community,
including weed abatement activities. "Habitat modification or removal,"
includes, but is not limited to, damaging the plant or root systems by
machinery, storage of materials, or soil compaction, excessive pruning,
weed abatement, paving with concrete, asphalt, or other impervious
material, in the immediate vicinity of the coastal sage scrub, or in a
manner which may reasonably be expected to kill a coastal sage scrub
plant community, using herbicides to control or kill coastal sage scrub
vegetation, or excessive or inadequate irrigation.
J. "Natural communities conservation plan" or "NCCP" means a plan for the
conservation of natural communities using an ecosystem approach
prepared pursuant to the State of California's Natural Communities
Conservation Planning Act.
K. "Weed abatement" means, for the purposes of this chapter only, the
removal of vegetation by any means, on any property in the City that is
greater than two acres in size and contains CSS habitat, as depicted on
the City's most current NCCP map, but excluding tree trimming and
removal or maintenance of "exotic woodland" vegetation that does not
constitute or contain CSS and is not occupied by an endangered or
threatened species.
17.41.050. Prohibited conduct. It shall be unlawful for any person, firm,
business, corporation, or any other entity to perform habitat modification work on any
CSS habitat, or perform weed abatement on any property that is greater than two acres
in size that is within the geographical limits of the City and contains CSS habitat, as
depicted on the City's most current NCCP map, without first complying with the
provisions of this Chapter.
17.41.060. Exemptions. The provisions of this Chapter shall not apply to
any of the following activities, provided that the requirements of this chapter are
satisfied:
A. Removal of CSS or any other form of habitat modification or weed
abatement for the purpose of fire protection, such as the establishment of
fuel modification zones and fire breaks, thinning or brush clearing,
provided:
1. Such actions follow a regulation, a written plan or a written order
that is issued or required by the Los Angeles County Fire
Department or by another governmental entity; or
Ordinance No. 419U
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2. Such actions have been taken on a regular basis (at least once
every three years) since June 23, 1997, within an area no larger
than what is depicted on the City's official aerial maps on file with
the City dated June 23, 1997, as having been cleared previously.
B. Removal of CSS or any other form of habitat modification required by any
written local, county, state, or federally mandated health and safety order;
provided such removal or clearing of vegetation follows a regulation,
written plan or written order approved and required by the applicable City,
State, or Federal government.
C. Removal of CSS or any other form of habitat modification performed by
the City or by another governmental entity or by a utility in response to an
emergency, in order to protect the public health and safety.
D. Loss of CSS that is the result of a natural event, such as landslide, fire or
flood.
E. Removal of CSS or other non-CSS vegetation pursuant to a validly issued
4(d) permit or 10(a) permit, which shall be provided to the director prior to
the commencement of the proposed habitat removal or modification.
17.41.70. Application to the director.
A. An owner of a property within the City that is greater than two acres in size
and contains CSS habitat, as depicted on the City's most current NCCP
map, who wishes to perform the following weed abatement of non-CSS
vegetation, which is not exempt from the provisions of this Chapter
pursuant to Section 17.41.060, first must apply to the director for approval.
The party seeking approval pursuant to this paragraph shall submit an
application to the director along with the following:
1. a plot plan generally depicting the subject property and the area(s)
where the non-CSS vegetation is proposed to be removed,
identifying all property lines and the location of any and all CSS on
the property and its habitat value;
2. evidence and documentation establishing whether any vegetation
on the site is occupied by endangered or threatened species; and
3. a current biological survey identifying those areas of the property
that contain CSS and those areas that contain no CSS. The
biological survey shall demonstrate to the City's satisfaction that the
areas of the property where the work is to be performed are not
occupied by threatened or endangered species and that the
proposed weed abatement will not "take" a protected species under
either the federal or state endangered species acts and will not
have an adverse impact on threatened or endangered species
Ordinance No. 419U
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located elsewhere on the property or on adjacent properties. The
biological survey shall be prepared by a qualified biologist, who has
been certified by either the California Department of Fish and
Game or the United States Fish and Wildlife Service to perform
gnatcatcher surveys, and shall be prepared during the six month
period preceding the date when the proposed vegetation removal is
to commence.
4. A payment of $1,500 to establish a trust deposit to pay for the City's
review of the submitted biological survey by the City's consulting
biologist.
B. Upon receipt of an application to perform weed abatement on non-CSS
vegetation pursuant to paragraph a of this Section 17.14.070, the director
shall forward the submitted biological survey to the City's consulting
biologist for review. The director shall review the application, the biological
survey, the City's consulting biologist's report on the submitted biological
study and the accompanying material. Within thirty (30) calendar days
after receiving the application, the director shall take one of the following
actions:
1. If the information provided to the director is incomplete, the director
shall so notify the property owner and shall not continue processing
the request until a complete request is submitted;
2. If the information provided by the property owner demonstrates to
the satisfaction of the director that the proposed weed abatement
complies with the provisions of this section, the director shall
prepare environmental review documents pursuant to the
provisions of the California Environmental Quality Act ("CEQA"). If
any interested party submits substantial evidence that the project
may cause a significant effect on the environment, the director shall
require the preparation of an Environmental Impact Report ("EIR")
pursuant to the requirements of CEQA. If there is no substantial
evidence of a potential significant effect on the environment, then
the director shall prepare a negative declaration or mitigated
negative declaration, unless the director determines that the
proposed action is exempt from the provisions of CEQA. The
director shall obtain public comments and comments from other
agencies (including DFG and FWS) as required by CEQA. If the
EIR, mitigated negative declaration, or negative declaration
determines that the proposed action would not cause a significant
effect on the environment, or if the certified EIR is accompanied by
the approval of a statement of overriding considerations, the
director shall issue a written notice to proceed to the property
owner and impose any conditions necessary to ensure that the
weed abatement is carried out in compliance with this chapter; or
Ordinance No. 419U
Page 6 of 9
3. If the director determines that the proposed activity does not
comply with the provisions of this section, no weed abatement
activities shall be conducted unless and until a 4(d) or 10(a) permit
is obtained.
17.41.080 Appeal. The applicant or any interested person (as defined
in section 17.96.990 of the City's municipal code) may appeal a decision issued by the
director pursuant to Section 17.41.070 to the City Council, pursuant to Chapter 17.80
(Hearing Notice and Appeal Procedures) of this title. The property owner shall not take
action to perform any weed abatement activities authorized by the director's decision
until the appeal period has been exhausted.
17.41.090 Violations and penalties. A violation of any provision of
this chapter is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in the county jail for a period not exceeding six (6)
months, or by both such fine and imprisonment. Any person found to have violated any
provision of this chapter shall be deemed guilty of a separate and distinct offense for
each day, or portion thereof, during which such violation continues, and shall be
punishable accordingly. In addition to the foregoing, the City may require re-vegetation
work be performed by the violator, at a ratio to be determined by the director, and may
assess a fine in an amount necessary to assure that the CSS that was improperly
removed can be replaced and maintained for a minimum period of five years or until the
CSS is reestablished and sufficient to cover any other costs incurred by the City in
achieving compliance with this Chapter. Further, the City shall not accept for
processing, or grant approval of, any application for development, use, permit, or other
entitlement pursuant to Titles 15, 16, or 17 of the Municipal Code until such time that the
property owner has complied with the provisions of this chapter and other applicable
provisions of the Municipal Code.
Section 4. The City Council finds and determines that the immediate
preservation of the public health, safety and welfare requires the adoption of Ordinance
No. 419U, and that this permanent ordinance is enacted as an urgency ordinance
pursuant to Government Code Section 36937 and shall take effect immediately upon
adoption. Said determination is based upon the following findings:
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. It is desirable to ensure that activity in the City is
consistent with the goals, objectives, and efforts of the NCCP process through the
Ordinance No. 419U
Page 7 of 9
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. This urgency ordinance replaces the existing interim CSS Conservation
and Management provisions adopted pursuant to Ordinance 391 U, which are repealed
pursuant to Section 8 of this urgency ordinance, to prevent unregulated removal of
CSS. As such, unregulated CSS removal with potentially irreparable impacts could
occur if the permanent ordinance is not made effective on the date of its adoption.
F. The public health, safety and welfare would be threatened by the
unregulated removal of CSS during the period between adoption of a non-urgency
ordinance and the effective date of such a non-urgency ordinance, because the impact
of any such unregulated removals could not be undone.
Section 5. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance, or the application thereof to any person or place, is
for any reason held to be invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City
Council hereby declares that it would have adopted this ordinance, and each and every
section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 6. This ordinance has been reviewed in accordance with the
requirements of CEQA, the State CEQA Guidelines (14 Cal. Code Regs. § 15301), and
the City's environmental guidelines. This ordinance establishes a regulatory process for
the protection of the environment. Accordingly, the City Council finds the ordinance to
be exempt from CEQA as a Class 8 Categorical Exemption in accordance with the
State CEQA Guidelines (14 Cal. Code Regs. § 15308).
Section 7. The City Clerk shall cause this Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
Ordinance No. 419U
Page 8 of 9
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 8. When this Ordinance No. 419U becomes effective, Ordinance
No. 391 U is hereby repealed, Chapter 17.41 of the Rancho Palos Verdes Municipal
Code is hereby repealed, and a new Chapter 17.41 is adopted and codified as set forth
herein.
PASSED, APPROVED AND ADOPTED THIS 19th day of April 2005.
Mayor
Attest:
Ci Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carolynn Petru, 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. 419U was duly and regularly adopted by the City Council of
said City at a regular meeting thereof held on April 19, 2005, and that the same was
passed and adopted by the following roll call vote:
AYES: Gardiner, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
City Jerk
Ordinance No. 419U
Page 9 of 9
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 April 27, 2005, she caused to be posted the following document entitled:
ORDINANCE NO. 419U — AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES RELATING 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
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
ty Clerk
W:\City Council Ordinances\affidavits\Ordinance 419U-Conservation&Management of Coastal Sage Scrub Habitat.doc