A - Resolution No. 2019-xx Adopting the NCCP HCP01203.0005/608544.1
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADOPTING THE CITY’S NATURAL COMMUNITY
CONSERVATION PLAN/HABITAT CONSERVATION PLAN
WHEREAS, the City of Rancho Palos Verdes is home to habitat supporting several
endangered species. As a result, development projects in the City are often subject to the
provisions of the state and federal endangered species acts.
WHEREAS, in 1996, the City entered into a Planning Agreement with the U.S. Fish
and Wildlife Service and the California Department of Fish and Game (now the California
Department of Fish and Wildlife), to “conduct the necessary studies for the preparation of
an Natural Community Conservation Plan (NCCP) within the boundaries of the City …,
including but not limited to mapping, designation of species to be protected, and
environmental review.” The U.S. Fish and Wildlife Service and the California Department
of Fish and Wildlife may be referred to collectively as the “Wildlife Agencies.”
WHEREAS, the Planning Agreement enumerated the following threatened and
endangered target species: the coastal California gnatcatcher, the cactus wren, the San
Diego horned lizard, the Palos Verdes blue butterfly, the El Segundo blue butterfly, and
the bright green dudleya.
WHEREAS, the Federal Section 10 Habitat Conservation Planning (HCP) process
of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., provides an opportunity
for species protection and habitat conservation within the context of non -Federal
development and land use activities.
WHEREAS, the Natural Community Conservation Plan Act of 1991, Cal. Fish &
Game Code § 2800 et seq., provides for the preparation and implementation of large -
scale natural resource conservation plans that identify and provide for the protection and
perpetuation of natural wildlife diversity, while allowing for compatible and appropriate
development and growth, and while providing comprehensive management and
conservation of multiple species.
WHEREAS, in 2004, the City Council of the City of Rancho Palos Verdes approved
a NCCP/HCP Subarea Plan for the City (2004 NCCP/HCP). The 2004 NCCP/HCP was
developed as a regional conservation plan to maximize benefits for covered species and
vegetation communities while accommodating appropriate economic development within
the City pursuant to the requirements of the NCCP Act and Section 10(a) of the federal
Endangered Species Act. The primary conservation strategy of the 2004 NCCP/HCP was
to dedicate and manage habitat lands within a 1,504.1 -acre Palos Verdes Nature
Preserve (Preserve) for the benefit of 13 covered species.
WHEREAS, the City analyzed the 2004 NCCP/HCP’s potential impacts on the
environment in accordance with the California Environmental Quality Act (CEQA) (Cal.
Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (Guidelines) (14 Cal.
Code Regs. § 15000 et seq.) promulgated with respect thereto .
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WHEREAS, the City prepared an Environmental Impact Report/Environmental
Assessment (EIR/EA) for the 2004 NCCP/HCP, and the Final EIR (2004 FEIR) was
certified by the City Council on August 31, 2004 per Resolution No, 2004-32.
WHEREAS, although the City Council certified the FEIR in 2004, incidental take
permits pursuant to the state and federal Endangered Species Acts were not issu ed by
the Wildlife Agencies for the 2004 NCCP/HCP. However, an interim incidental take permit
was issued to the City allowing take until the NCCP/HCP is adopted. The City has been
implementing the NCCP/HCP since 2004, and it continues to coordinate with th e Wildlife
Agencies on issues related to the NCCP/HCP. As part of NCCP/HCP im plementation, the
City continued to build the Preserve through acquisitions and dedications. In 2006, the
City entered into an interim contract with the Palos Verdes Peninsula Land Conservancy
(PVPLC; the Preserve Manager) to monitor and manage the NCCP/HCP Preserve
system, and in 2011, the City and the PVPLC entered into a comprehensive Preserve
Management Agreement to monitor and manage the NCCP/HCP Preserve during the
permit term. Additionally, as required by the 2004 NCCP/HCP, the City prepared and
adopted a Public Use Master Plan (PUMP) in 2013 intended to balance the public’s
passive recreational needs with the protection of natural resources with the City’s
Preserve.
WHEREAS, since 2004, the City has been working with the Wildlife Agencies and
the PVPLC to finalize the NCCP/HCP. The Plan had to be revised multiple times because
of the City’s continued acquisitions of property to be added to the Palos Verdes Nature
Preserve.
WHEREAS, in March 2018, the City completed the updated NCCP/HCP (2018
NCCP/HCP). Like the 2004 NCCP/HCP, the primary conservation strategy of the 2018
NCCP/HCP is to dedicate and manage habitat lands within a preserve system. The
configuration of the 2018 NCCP/HCP preserve design has been revised to reflect land
acquisitions/dedications and private landowner negotiations that have occurred during
implementation of the 2004 NCCP/HCP, as well as refining the breadth and scope of the
covered activities and projects. The 2018 NCCP/HCP Preserve design covers a total of
1,402.4 acres, all of which are existing public and/or private lands already dedicated to
the Palos Verdes Nature Preserve (Preserve) that will be monitored and managed over
the long term for the benefit of now 10 covered species.
WHEREAS, the 2018 NCCP/HCP assumes incidental take coverage for 17
Covered City Projects and Activities, 5 private projects, and other specific activities in the
Preserve. The Covered City Projects/Activities are proposed to occur inside and outside
of the Preserve and are anticipated to impact a maximum of 120.5 acres of coastal sage
scrub (CSS) and 318.7 acres of non-native grassland. Of these total impacts, it is
estimated that 62.5 acres of the impacted CSS (52%) and 155.8 acres of the impacted
non-native grassland (49%) will occur within the Preserve. The Covered Private Projects
are proposed to occur outside of the Preserve and are anticipated to impact a maximum
of 99.5 acres of CSS and 262.8 acres of grassland. Similar to the 2004 NCCP/HCP, these
impacts will be mitigated by each project proponent by dedication of private land or
donation of monies to the habitat restoration fund.
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WHEREAS, the City’s dedication and management to the Preserve of 1,123 acres,
including the 499.9 acres of City Mitigation Lands, the management of 258.7 acres of
Previous Mitigation Lands, and dedication and management of 20.7 acres of PVPLC
lands, is intended to provide the necessary mitigation for CSS and grassland for Covered
City and Miscellaneous Private Projects and Activities (both outside and inside the
Preserve). The City will mitigate these impacts by dedicating City lands to the Preserve
and providing restoration and management funding for the Preserve. Of the 737 acres of
CSS and associated vegetation communities within the Preserve, a maximum of 62.5
acres (<9%) could be impacted by Covered City Projects/Activities, leaving a minimum of
674.5 acres (92%) of CSS in the Preserve to be perpetually conserved. Of the 470.9
acres of grassland within the Preserve, a maximum of 155.8 acres (33%) could be
impacted by Covered City Projects/Activities, leaving a minimum of 315.1 acres. Through
Plan implementation, non-native grassland within the Preserve may be restored to native
habitat. A minimum of 250 acres of habitat over the Permit Term (50 years) within the
Preserve (a minimum of 5 acres of habitat shall be restored each year).
WHEREAS, an Addendum to the 2004 EIR/EA was prepared to address the
project modifications in the 2018 NCCP/HCP , and was certified by the City Council on
March 29, 2018 per Resolution No. 2018-16.
WHEREAS, the City Council approved the draft 2018 NCCP/HCP on March 29,
2018.
WHEREAS, the draft 2018 NCCP/HCP were published in the Federal Register for
a 60-day public comment period starting on October 31, 2018 and concluding on
December 31, 2018. On April 4, 2019 the U.S. Fish and Wildlife Service recirculated the
documents for an additional 30-day public comment which concluded on May 6, 2019,
resulting in 118 public comments for the combined public comment periods.
WHEREAS, the City Council considered adoption of the 2018 NCCP/HCP at a duly
noticed public hearing on October 29, 2019.
WHEREAS, in consultation with the U.S. Department of Fish & Wildlife and the
California Department of Fish & Wildlife , some clarifications were made to the Council-
approved draft of the 2018 NCCP/HCP herein referred to as the Final NCCP/HCP to
address the comments provided during the comment period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are true and correct, and are incorporated as
though fully set forth herein.
Section 2. The City Council of the City of Rancho Palos Verdes hereby adopts the
Final Natural Community Conservation Plan / Habitat Conservation Plan (Exhibit “A”),
based on the following findings.
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A. The City of Rancho Palos Verdes is home to natural habitat to enumerated
threatened and endangered species. The habitat for these species is protected
by state and federal laws, and development projects and other activities that
may result in take of these endangered species requires approval by the U.S.
Fish and Wildlife Services and the California Department of Fish and Wildlife
(collectively, the wildlife agencies).
B. The NCCP/HCP reconciles some of the common conflicts between land
development and wildlife conservation:
a. On the one hand, addressing endangered species on the basis of one
project at a time is costly, burdensome, and unpredictable. The
NCCP/HCP process will benefit landowners by offering a more
streamlined, predictable regulatory approach. Cumbersome project -by-
project, species by-species review under state and federal endangered
species statutes is ] replaced by comprehensive plans for the entire City
that establish where development is allowed to occur and under what
conditions.
b. On the other hand, emphasizing only the impacts of individual projects
does not prevent the fragmentation of habitat and ecosystems. The
NCCP/HCP program provides the City greater predictability and control
over land development within its jurisdiction, as well as a mechanism to
assemble biodiversity reserves that can also provide open space,
aesthetic, and recreational benefits.
C. The take permits from the Wildlife Agencies therefore will allow the City and
private developers to overcome the limitations of the single-species, project-
by-project approach to conservation by planning proactively and
comprehensively for the management and conservation of multiple threatened
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and endangered species, providing certainty for both the City and private
developers for the life of the permits.
D. For the reasons listed herein, the City Council finds that the adoption of the
Final NCCP/HCP as Exhibit “A” is in the best interests of the City.
PASSED, APPROVED and ADOPTED this 29th day of October 2019.
_________________
Jerry V. Duhovic, Mayor
Attest:
___________________
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2019-XX was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on October 29, 2019.
____________________________
Emily Colborn, City Clerk
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