CC RES 1997-050RESOLUTION NO. 97-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AN EXEMPTION FROM
THE INTERIM HABITAT LOSS [4(D) RULE] APPROVAL
PROCESS TO ALLOW THE REMOVAL OF COASTAL SAGE
SCRUB HABITAT IN CONJUNCTION WITH TRACT MAP NO.
46651 (SEABREEZE DEVELOPMENT)
WHEREAS, on October 15, 1991, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 91 -74 approving Tentative Tract Map No. 46651, in connection with
Environmental Impact Report No. 32, Conditional Use Permit No. 151 and Grading Permit No.
1389 for a 63 lot Residential Planned Development on a 59 acre vacant parcel located at the
southwest corner of Crest Road and Highridge Road; and,
WHEREAS, on October 1, 1996, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 96-88, approving the Addendum No. 1 to Environmental Impact Report
No. 32, in connection with Tentative Tract Map No. 46651 - Amendment No. 1 and Conditional
Use Permit No. 151 - Revision "A "; and,
WHEREAS, on March 18, 1997, the Planning Commission adopted P.C. Resolution No.
97 -16 approving Conditional Use Permit No. 151 - Revision "B" and Grading No. 1389 - Revision
"A "; adopted P.C. Resolution No. 97 -14 recommending City Council approval of Addendum No.
2 to Environmental Impact Report No. 32; and adopted P.C. Resolution No. 97 -15, recommending
City Council approval of Tentative Tract Map No. 46651 - Amendment No. 2; and,
WHEREAS, on April 15, 1997, the City Council adopted Resolution No. 97 -28, approving
Addendum No. 2 to EIR No. 32; and, on May 6, 1997, the City Council held a continued public
hearing and approved Tentative Tract Map No. 46651 - Amendment No. 2; and, on May 6, 1997,
the City Council approved the Final Tract Map No. 46651, subject to final approval and signatures
by the Director of Public Works.
WHEREAS, the project is conditioned to preserve certain areas of the site for wildlife
habitat and to enhance the existing Coastal Sage Scrub habitat areas for use by the California
gnatcatcher; and,
WHEREAS, after the approval of the project in 1991, the California gnatcatcher was listed
as a federally threatened species and the City enrolled in the Natural Communities Conservation
Planning (NCCP) program. In order for the developer to remove Coastal Sage Scrub habitat on
the property prior to the adoption and certification of the City's NCCP program, the City must
determine whether to approve an exemption from the "4d" Rule or issue a special approval ( "4d"
Permit); and,
WHEREAS, on June 3, 1997, the City Council held a hearing regarding whether the
subject project is exempt from the "4d" Rule, at which time all interested parties were given an
opportunity to be heard on the present evidence.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: The proposed project will result in the loss .20 acres of Coastal Sage Scrub
which is of low to medium habitat value, which is less than the 1 acre threshold specified in the
Natural Communities Conservation Planning Process Guidelines. The interim loss would be less
than the 5% maximum loss allowed by the Natural Communities Conservation Process
Guidelines.
Section 2: Portions of the project site contain sage scrub and ruderal habitat that may be
suitable for nesting and foraging by the threatened California gnatcatcher (Polioptila califomica
californica). However, there have been no recent observations of the California gnatcatcher
within the impact area. Therefore, the habitat is considered to be unoccupied by the California
gnatcatcher for the purposes of this exemption.
Section 3: Due to the design of the Caymen project to the north of the project site in the
City of Rolling Hills Estates, which would not provide a corridor between Aqua Amarga Canyon
and McCarroll Canyon, the project does not preclude long -term reserve design due to the relative
isolation by surrounding development, landscaping configuration and project design.
Section 4: In order to ensure the long -term viability of the remaining habitat on -site and
any revegetation efforts in conjunction with the 1600 permit issued by the California Department
of Fish and Game, the developer shall record a conservation easement over common open
space Lot "B" to the City of Rancho Palos Verdes to preserve the Coastal Sage Scrub habitat on
the property. Said easement shall be recorded prior to an amendment to the CC &Rs for the tract,
or no later than certification of rough grading for the project, whichever occurs first.
Section 5: On October 15, 1991, the City Council certified Final Environmental Impact
Report No. 32 and on April 15, 1997, the City Council approved Addendum No. 2 to EIR No. 32
for the proposed project, including the associated Mitigation Monitoring Program. Since the
determination that the project is exempt from the issuance of a "4d" permit would be in substantial
conformance with the approved project, the issuance of the permit will not result in any new
significant impacts that were not identified in the certified or addendum EIR. In addition,
substantial changes to the project would not occur with respect to the circumstances under which
the project is undertaken which would require revision to the certified EIR, since there are no new
significant environmental impacts that were not considered in the certified EIR, and there is no
new information of substantial importance to the project which indicates that the project will have
one or more significant effects not discussed previously in the EIR. Therefore, the Environmental
Impact Report previously certified for the proposed project is adequate and does not require any
further analysis or revision.
Section 6: The United States Fish and Wildlife Service shall review the final Coastal Sage
Scrub revegetation plan and work with the developer and the City to revise, if necessary, the
plant palette for the landscape plan to reduce potential impacts to the open space areas from
invasive plant species.
Resolution No. 97 -50
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Section 6: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California Code
of Civil Procedure.
Section 7: For the foregoing reasons and based on the information and findings included
in the Staff Report, Minutes, other records of proceedings and testimony provided at the meeting
of June 3, 1997, the City Council hereby determines that the Seabreeze Project (Tract Map No.
46651) is exempt from the issuance of a "4d" Permit, pursuant to the requirements of the Natural
Communities Conservation Planning Process Guidelines.
PASSED, APPROVED and ADOPTED this 3rd day of June 1997.
iF•i " i�.,�r -.
ATTEST:
QITY CLERK
VATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OR RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk for the City of Rancho Palos Verdes., hereby certify that the above
Resolution No. 97 -50 was duly and regularly passed and adopted by the said City Council at a
regular meeting held on June 3, 1997.
N:\ GROUP \PLANNING \RESOS \CC \RET46651.EXM
Jo Pur' II, City Clerk
City 4,/Rancho Palos Verdes
Resolution No. 97 -50
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