CC RES 1996-012RESOLUTION NO. 96-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DIRECTING THE MAYOR
TO EXECUTE A PLANNING AGREEMENT FOR THE
PREPARATION OF A NATURAL COMMUNITIES
CONSERVATION PROGRAM (NCCP) PLAN FOR THE
CITY OF RANCHO PALOS VERDES, IN CONJUNCTION
WITH THE CALIFORNIA DEPARTMENT OF FISH AND
GAME AND THE UNITED STATES FISH AND WILDLIFE
SERVICE.
WHEREAS, in 1993, the Governor of the State of California enacted the Natural
Communities Conservation Program (NCCP) to develop guidelines for the protection of
coastal sage scrub habitat and the California gnatcatcher, a federally listed Threatened
Species; and,
WHEREAS, on August 19, 1992, the City of Rancho Palos Verdes enrolled as a
participant in the NCCP, and acting as Lead Agency for the preparation of an NCCP for
the Palos Verdes Peninsula Subarea, has been hosting monthly meetings of the NCCP
Planning Group. As part of the groups efforts, a Draft Planning Agreement has been
prepared, which is based on the content of the NCCP Process Guidelines as adopted
by the California Department of Fish and Game.
WHEREAS, it is the City's intent to work with the California Department of Fish
and Game and the United States Fish and Wildlife Service, as well as any other future
participants, to prepare an appropriate NCCP Plan for the City of Rancho Palos Verdes,
which is located within the Palos Verdes Peninsula Subarea.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: That the purpose of the Planning Agreement is to indicate to the
Resource Agencies that the City intends to proceed to the next phase of participation,
by preparing an NCCP plan. The Planning Agreement does not obligate the City to
adopt the plan, only to conduct the studies necessary for preparation of the plan,
including mapping, designation of species to be protected, and environmental review.
However, at any time prior to adoption of the Plan, the City may choose to withdraw
from the program.
Section 2: Execution of the Planning Agreement by the City and the Resource
Agencies will, in effect, formalize the City's interest in participating in the NCCP
planning efforts, as well as enable the City to enjoy some of the benefits of enrollment.
Section 3: The time within which judicial review of the decision reflected in this
Resolution, must be sought, if available, is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 4: For the foregoing reasons and based on the information and
findings contained in the Staff Report and records of the proceedings, the City Council
hereby authorizes the Mayor to execute the NCCP Planning Agreement, which is
attached hereto as Exhibit "A ", in conjunction with the California Department of Fish and
Game and the United States Fish and Wildlife Service.
PASSED, APPROVED, and ADOPTED, this 20th day of February, 1996
MAYO
ATTEST:
1
I
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, hereby certify that the
above Resolution No. 96 -12 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on February 20, 1996.
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CITY LERK, CITY OF RANCHO PALOS VERDES
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Resolution No. 96 -12
Page 2 of 2
PLANNING AGREEMENT
FOR THE PALOS VERDES PENINSULA NCCP SUBAREA
BY THE CITY OF RANCHO PALOS VERDES,
UNITED STATES FISH AND WILDLIFE SERVICE, AND
THE CALIFORNIA DEPARTMENT OF FISH AND GAME
I. INTRODUCTION
A. The following parties ( "Parties ") are entering into this agreement
( "Agreement ") in anticipation of preparation of a Natural Communities
Conservation Program ( "NCCP ") plan:
1. The City of Rancho Palos Verdes
2. The United States Fish and Wildlife Service
3. The California Department of Fish and Game
4. Additional Parties may be added to this Agreement
II. ELEMENTS TO BE ADDRESSED IN THIS PLANNING AGREEMENT
A. The following elements are hereby addressed by this Agreement, or by
attachment:
1. The planning area boundaries of the Palos Verdes Peninsula
Subarea, shall be as shown on the attached map (Exhibit "A ").
2. The City of Rancho Palos Verdes shall act as the lead or coordinating
agency in preparation of an NCCP for the Palos Verdes Peninsula
Subarea. However, by entering this agreement, the City of Rancho
Palos Verdes shall only be obligated to conduct the necessary studies
for the preparation of an NCCP within the boundaries of the City of
Rancho Palos Verdes, including but not limited to mapping,
designation of species to be protected, and environmental review.
Any other Parties which may enter this agreement in the future shall
also be responsible for NCCP planning and preparation only within
their own respective jurisdictional boundaries. Additionally,
preparation of the Plan, or any portion of the Plan, shall not obligate
the City, or any other Party to this agreement, to adopt the NCCP
Plan.
RESOL. NO. 96 -12
NCCP Planning Agreement
Page 2 of 4
3. The target species and any other species of concern to be addressed
in the NCCP shall include the following:
a. Polioptila californica californica
(coastal California gnatcatcher)
Federal: Threatened
State: CA species of concern
b. Campylorhynchus brunneicapillus
(cactus wren)
Federal: Category 3b
State: CA species of concern
c: Phynrosomacoronatum blainvillei
(San Diego horned lizard)
Federal: No status
State: CA species of concern
d. Glaucopsyche lygdamus palosverdesensis
(Palos Verdes blue butterfly)
Federal: Endangered
State: No status
e. Euphilotes [--Shy"I'Miaeoides] battoides allyni
(El Segundo blue butterfly)
Federal: Endangered
State: No status
f. Dudleya virens
(bright green dudleya)
Federal: Category 2
State: No status
g. Other species may be may be added to this Agreement
RESOL. NO. 96 -12
NCCP Planning Agreement
Page 3 of 4
4. The parallel permits, if any (e.g., Federal Section 10(a) for a listed species
other than the target species covered by this plan), that will be required to
carry out the NCCP plan are the following:
a. 2081 Management Agreement, pursuant to the California Endangered
Species Act (Fish and Game Code Section 2081).
b. Section 10(a) Permit, pursuant to the Federal Endangered Species
Act.
5. Affected State and Federal land ownerships include:
a. Rancho Palos Verdes Civic Center
b. Pointe Vicente Park and Interpretive Center
C. Abalone Cove Shoreline Preserve
d. San Pedro Defense Fuel Support Point (DFSP) and Defense Fuel
Region -West (DFR), acting as cooperating agency only.
6. Other habitat conservation plans or multi- species conservation plans
completed or underway within the Subarea boundaries include:
a. Habitat Conservation Plan for the Ocean Trails project located on a
263 acre site located in the Coastal Zone within the City of Rancho
Palos Verdes (Tentative Tract Map Nos. 50666 and 50667).
b. Habitat Conservation Plan for the Pearl Ridge project located on a
163 acre site at the terminus of Forrestal Drive within the City of
Rancho Palos Verdes (Tentative Tract Map No. 37885).
7. The anticipated schedule for plan preparation, public review, and agency
approval is as follows:
a. Plan Preparation August 1996
b. Preparation of EIR /EIS December 1996
C. Public Review January 1997
d. Local, State, and Federal March 1997
Agency Review and Approval
8. Public participation shall be encouraged by publishing a notice of Plan
preparation in the Palos Verdes Peninsula News, a local newspaper, the San
Pedro News Pilot, a local newspaper, and by mail to all interested parties
who have attended meetings of the NCCP planning group.
RESOL. NO. 96 -12
NCCP Planning Agreement
Page 4of4
IN WITNESS WHEREOF, the parties have executed this Planning Agreement
effective as of the last date set forth below:
Dated: 02 02 1996
Dated:
Dated:
Dated:
1996
1996
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City of Rancho Palos Verdes:
By:
Title: Mayor
United States Fish and Wildlife Service
By:_
Title:
California Department of Fish and Game
By:
Title:
By:
Title:
RESOL. NO. 96 -12