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PC RES 2021-004P.C. Resolution No. 2021-04 Page 1 of 14 P.C. RESOLUTION NO. 2021-04 RECOMMENDING THAT THE CITY COUNCIL ADOPT PROPOSED CODE AMENDMENTS TO ADD SUBSECTION 17.70.025 (NATURAL COMMUNITIES CONSERVATION PLAN/ HABITAT CONSERVATION PLAN) TO CHAPTER 17.70 (SITE PLAN REVIEW) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDE MUNICIPAL CODE IN ORDER TO ESTABLISH PROVISIONS FOR THE PROTECTION OF COASTAL SAGE SCRUB (CASE NO. PLCA2021-0002) WHEREAS, the State Planning and Zoning Law, Government Code Section 65000 et seq., broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public safety, health, and welfare, and a balancing of property rights and the desires of the community and how its citizens envisions their city; and WHEREAS, Chapter 17.70 (Site Plan Review) of the Rancho Palos Verdes Municipal Code (RPVMC) regulates site plan review procedures for new development s. The procedures enable the director and/or planning commission to check development proposals for conformity with the provisions of Title 17 (Zoning) and for the manner in which they are applied; and WHEREAS, The City Council of the City of Rancho Palos Verdes found that the City of Rancho Palos Verdes provides home to natural habitat for ten threatened, endangered, and sensitive species, as noted in Table No. 1 below. These species are protected by state and Federal laws, and development projects and other activities that impact their habitat may result in take of animal species that requires approval by the U.S. Fish and Wildlife Services (USFWS) and the California Department of Fish and Wildlife (CDFW) (collectively, the Wildlife Agencies). P.C. Resolution No. 2021-04 Page 2 of 14 WHEREAS, because of the relatively high concentration of coastal sage scrub (CSS) habitat that supports federally-protected and sensitive species within the City, and the growing intensity of development pressures on these areas combined with the ability to streamline the entitlement process for City projects (i.e., storm drain, road repairs, and land flow remediation projects), in 1996, the City of Rancho Palos Verdes entered into a Planning Agreement with the Wildlife Agencies to develop a N atural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) that would encompass the entire City; and WHEREAS, on November 19, 2019, the City Council passed Resolution No. 2019- 61, adopting the final Rancho Palos Verdes NCCP/HCP; and WHEREAS, the City Council found that the NCCP/HCP reconciles some of the common conflicts between land development and wildlife conservation: a. On the one hand, addressing sensitive and listed species project-by- project can be costly, burdensome, and time consuming. The NCCP/HCP process will benefit landowners by offering certainty and a more streamlined a pproach to permitting. Cumbersome project-by-project review and permitting under state and Federal listed 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 provides the City greater predictability and control over land development within its jurisdiction, as well as a mechanism to assemble biodiversity within the reserves that can also provide open space, aesthetic, and compatible recreational benefits. WHEREAS, the take permits from the Wildlife Agencies 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 sensitive, threatened, and endangered species, providing certainty for both the City and private developers for the life of the permits; and WHEREAS, the City’s NCCP/HCP may impact private properties with CSS. The City estimates there are approximately 43 private properties whereon if development were proposed in the area of the lot where CSS occurs, the property owner would be eligible for an Incidental Take Permit (ITP) through the City’s ITP issued under the NCCP/HCP. The NCCP/HCP streamlines permitting because private development applicants would receive their ITPs directly from the City, and would not have to conduct P.C. Resolution No. 2021-04 Page 3 of 14 studies and prepare habitat conservation plans to support ITP applications when species are impacted, greatly reducing processing time; and WHEREAS, the NCCP/HCP may impact private properties whereon new development occurs on properties that directly abut the Palos Verdes Nature Preserve. Any such project will be analyzed during the CEQA review process, and development standards will be implemented as conditions of approval consistent with Section 5.7 of the NCCP/HCP pertaining to fencing, lighting, equestrian use, landscaping, fuel modification, and stormwater/urban runoff. These development standards are designed to protect the Preserve from adverse impacts by abutting development and will not result in an outright denial of a project; and WHEREAS, avoidance and minimization measures a s enforceable conditions in all permits, operations, and authorizations to proceed with the Covered Projects/Activities consistent with the Section 5.5 and Section 5.6, of NCCP/HCP, respectively, will be implemented. WHEREAS, on November 19, 2019, in conjunction with adopting the NCCP/HCP, the City Council initiated code amendment proceedings to amend the RPVMC to reflect the NCCP/HCP as follows: Title 15 (Fire Code); Title 16 (Subdivision Ordinance); Chapter 17.41 (Coastal Sage Scrub Ordinance); Chapter 17.70 (Site Plan Review); Chapter 17.72 (Coastal Permit Process); and Chapter 17.76 (Grading Ordinance); and 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; and 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; and WHEREAS, the draft 2018 NCCP/HCP was 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 USFWS 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; and WHEREAS, the ITP by the USFWS has been issued, and the permit from the CDFW is in process. These permits, in accordance with the NCCP/HCP and state and federal laws, allow City projects and certain private projects to proceed, provided they conform to the requirements of the NCCP/HCP. Entitlements and building permits must conform with both the NCCP/HCP and the City’s codes; and P.C. Resolution No. 2021-04 Page 4 of 14 WHEREAS, the Planning Commission finds that absent this code amendment, project entitlements issued that are not consistent with the NCCP/HCP, may jeopardize the take permits and in addition potentially cause adverse impacts to the CSS habitat, Covered Species, and to the Preserve; and WHEREAS, the Planning Commission finds that this code amendment is intended to provide a blanket provision to ensure compliance with the NCCP/HCP for applicable Covered Projects/Activities while the process is underway to execute the indicated code amendments; and WHEREAS, this proposed code amendment is intended to ensure that no proposed impacts, including but not limited to grading, grubbing, and development within the Preserve, on a vacant lot abutting the Preserve, or on a lot outside the Preserve that supports CSS will be approved by the City without a determination of conformance to NCCP/HCP; and WHEREAS, it has been determined that the proposed Code Amendment is exempt from CEQA, pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed resolution is an action that does not have the potential to cause significant effects on the environment, but rather will clarify a review process established in the City’s Development Code; and WHEREAS, on February 25, 2021, a Public Notice was published in the Peninsula News, providing notice of a public hearing before the Planning Commission on March 9, 2021; and WHEREAS, on March 9, 2021, the Planning Commission held a duly-noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. The proposed amendment to Title 17 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans. The proposed code amendment would ensure the protection of CSS habitat that supports federally-protected and sensitive species within the City during the City’s development review process of private property. 2. The proposed code amendment is exempt from the provisions of the California Environmental Quality Act and Government Code pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially P.C. Resolution No. 2021-04 Page 5 of 14 changing any regulatory standards or findings. The proposed resolution is an action that does not have the potential to cause significant effects on the environment, but rather will clarify a review process established in the City’s Development Code. Furthermore, the proposed Code Amendment is exempt from CEQA, pursuant to Section 15308 because the City is authorized to assure the maintenance, restoration, enhancements, or protection of the environment where the regulatory process involves procedures for protection of the environment. 3. For the foregoing reasons and based on the information included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby reco mmends to the City Council that an Ordinance be adopted entitled, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO ADD SUBSECTION 17.70.025 (NATURAL COMMUNITIES CONSERVATION PLAN/ HABITAT CONSERVATION PLAN) TO CHAPTER 17.70 (SITE PLAN REVIEW) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDE MUNICIPAL CODE IN ORDER TO ESTABLISH PROVISIONS FOR THE PROTECTION OF COASTAL SAGE SCRUB (CASE NO. PLCA2021-0002)” in the form attached to this Resolution as Exhibit "A". P.C. Resolution No. 2021-04 Page 6 of 14 PASSED, APPROVED and ADOPTED this 9th day of March, by the following vote: AYES: COMMISSIONERS CHURA, HAMILL, JAMES, SAADATNEJADI, SANTAROSA, VICE-CHAIRMAN PERESTAM, AND CHAIRMAN LEON NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Gordon Leon, Chair Ken Rukavina PE, Director of Community Development Secretary to the Planning Commission EXHIBIT “A” P.C. Resolution No. 2021-04 Page 7 of 14 DRAFT ORDINANCE NO. __ Please see attached P.C. Resolution No. 2021-04 Page 8 of 14 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO ADD SUBSECTION 17.70.025 (NATURAL COMMUNITIES CONSERVATION PLAN/ HABITAT CONSERVATION PLAN) TO CHAPTER 17.70 (SITE PLAN REVIEW) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDE MUNICIPAL CODE IN ORDER TO ESTABLISH PROVISIONS FOR THE PROTECTION OF COASTAL SAGE SCRUB (CASE NO. PLCA2021-0002). WHEREAS, the State Planning and Zoning Law, Government Code Section 65000 et seq., broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public safety, health, and welfare, and a balancing of property rights and the desires of the community and how its citizens envisions their city; and WHEREAS, Chapter 17.70 (Site Plan Review) of the Rancho Palos Verdes Municipal Code (RPVMC) regulates site plan review procedures for new developments. The procedures enable the director and/or planning commission to check development proposals for conformity with the provisions of Title 17 (Zoning) and for the manner in which they are applied; and WHEREAS, The City Council of the City of Rancho Palos Verdes find s that the City of Rancho Palos Verdes provides home to natural habitat for ten threatened, endangered, and sensitive species (Covered Species), as noted in Table No. 1 below. These species are protected by state and Federal laws, and development projects and other activities that impact their habitat may result in take of animal species that requires approval by the U.S. Fish and Wildlife Services (USFWS) and the California Department of Fish and Wildlife (CDFW) (collectively, the Wildlife Agencies). P.C. Resolution No. 2021-04 Page 9 of 14 WHEREAS, because of the relatively high concentration of coastal sage scrub (CSS) habitat that supports federally-protected and sensitive species within the City, and the growing intensity of development pressures on these areas combined with the ability to streamline the entitlement process for City projects (i.e., storm drain, road repairs, and land flow remediation projects), in 1996, the City of Rancho Palos Verdes entered into a Planning Agreement with the Wildlife Agencies to develop a Na tural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) that would encompass the entire City; and WHEREAS, on November 19, 2019, the City Council passed Resolution No. 2019- 61, adopting the final Rancho Palos Verdes NCCP/HCP; and WHEREAS, the City Council finds that the NCCP/HCP reconciles some of the common conflicts between land development and wildlife conservation: a. On the one hand, addressing sensitive and listed species project-by-project can be costly, burdensome, and time consuming. The NCCP/HCP process will benefit landowners by offering certainty and a more streamlined approach to permitting. Cumbersome project-by-project review and permitting under state and Federal listed 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 provides the City greater predictability and control over land development within its jurisdiction, as well as a mechanism to assemble biodiversity within the reserves that can also provide open space, aesthetic, and compatible recreational benefits. WHEREAS, the take permits from the Wildlife Agencies 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 sensitive threatened and endangered species, providing certainty for both the City and private developers for the life of the permits; and WHEREAS, the City’s NCCP/HCP may impact private properties with CSS. The City estimates there are approximately 43 private properties whereon if development were proposed in the area of the lot where CSS occurs, the property owner would be eligible for an Incidental Take Permit (ITP) through the City’s ITP issued under the NCCP/HCP. The NCCP/HCP streamlines permitting because private development applicants would receive their ITPs directly from the City, and would not have to conduct studies and prepare habitat conservation plans to support ITP applications when species are impacted, greatly reducing processing time; and P.C. Resolution No. 2021-04 Page 10 of 14 WHEREAS, the NCCP/HCP may impact private properties whereon new development occurs on properties that directly abut the Palos Verdes Nature Preserve. Any such project will be analyzed during the CEQA review process, and developme nt standards will be implemented as conditions of approval consistent with Section 5.7 of the NCCP/HCP pertaining to fencing, lighting, equestrian use, landscaping, fuel modification, and stormwater/urban runoff. These development standards are designed to protect the Preserve from adverse impacts by abutting development and will not result in an outright denial of a project; and WHEREAS, avoidance and minimization measures as enforceable conditions in all permits, operations, and authorizations to proceed with the Covered Projects/Activities consistent with the Section 5.5 and Section 5.6, of NCCP/HCP, respectively, will be implemented. WHEREAS, on November 19, 2019, in conjunction with adopting the NCCP/HCP, the City Council initiated code amendment proceedings to amend the RPVMC to reflect the NCCP/HCP as follows: Title 15 (Fire Code); Title 16 (Subdivision Ordinance); Chapter 17.41 (Coastal Sage Scrub Ordinance); Chapter 17.70 (Site Plan Review); Chapter 17.72 (Coastal Permit Process); and Chapter 17.76 (Grading Ordinance); and 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; and 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; and WHEREAS, the draft 2018 NCCP/HCP was 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 USFWS 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; and WHEREAS, the ITP by the USFWS has been issued, and the permit from the CAFW is in process. These permits, in accordance with the NCCP/HCP and state and federal laws, allow City projects and certain private projects to proceed, provided they conform to the requirements of the NCCP/HCP. Entitlements and building permits must conform with both the NCCP/HCP and the City’s codes; and WHEREAS, the City Council finds that absent this code amendment, project entitlements issued that are not consistent with the NCCP/HCP, may jeopardize the take permits and in addition potentially cause adverse impacts to the CSS habitat Covered Species, and to the Preserve; and P.C. Resolution No. 2021-04 Page 11 of 14 WHEREAS, the City Council finds that this code amendment is intended to provide a blanket provision to ensure compliance with the NCCP/HCP for applicable Covered Projects/Activities while the process is underway to execute the indicated code amendments; and WHEREAS, this proposed code amendment is intended to ensure that no proposed impacts, including but not limited to grading, grubbing, and development within the Preserve, on a vacant lot abutting the Preserve, or on a lot outside the Preserve that supports CSS will be approved by the City without a determination of conformance to NCCP/HCP; and WHEREAS, on March 9, 2021, the Planning Commission held a duly-noticed public hearing, and adopted P.C. Resolution No. 2021-__, recommending that the City Council adopt this Ordinance, and finding the project exempt from CEQA pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will clarify prohibited uses of residential property in the City. Furthermore, the proposed Code Amendment is exempt from CEQA, pursuant to Section 15308 because the City is authorized to assure the maintenance, restoration, enhancements, or protection of the environment where the regulatory process involves procedures for protection of the environment; and WHEREAS, on _______, a Public Notice was published in the Peninsula News, providing a notice of a public hearing before the City Council on ______; and WHEREAS, on _______, the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony was received was made a part of the public record; and WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2021-__, written staff reports, and any testimony provided at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds the above recitals to be material to the adoption of this ordinance, and incorporates them herein by reference. Section 2. The City Council of the City of Rancho Palos Verdes hereby makes the following findings: P.C. Resolution No. 2021-04 Page 12 of 14 1. The proposed amendment to Title 17 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans. The proposed code amendment would ensure the protection of CSS habitat that supports federally-protected and sensitive species within the City during the City’s development review process of private property. 2. The proposed code amendment is exempt from the provisions of the California Environmental Quality Act and Government Code pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed resolution is an action that does not have the potential to cause significant effects on the environment, but rather will clarify a review process established in the City’s Development Code. Section 2. Section 17.70.025 (NCCP/HCP Compliance) of Chapter 17.70 (Site Plan Review) of Title 17 (Zoning) the Rancho Palos Verdes Municipal Code is added to read: “17.70.025 – Natural Communities Conservation Plan/Habitat Conservation Plan Compliance. Notwithstanding anything to the contrary in this Code, this ordinance requires that no new impacts, including but not limited to grading, grubbing, development, or conversion to agriculture, within CSS anywhere in the Plan Area or within any habitat type within the Preserve or on vacant lots abutting the Preserve, requiring discretionary approval within the City be approved without the City making a determination of conformance to the NCCP/HCP, adopted by the City pursuant to Resolution 2019 -61, and as may later be amended. Conformance will be demonstrated if the impact is associated with a Covered Project or Activity defined in the NCCP/HCP and all relevant avoidance and minimization measures are included per Sections 5.5 and 5.6 of the NCCP/HCP. “Take” shall have the same meaning as the term is defined in Section 10.12 of Title 50 of the Code of Federal Regulations, including any amendments thereto or successor statutes thereto.” Section 3. Severability. The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. P.C. Resolution No. 2021-04 Page 13 of 14 Section 4. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will clarify prohibited uses of residential property in the City. Furthermore, the proposed Code Amendment is exempt from CEQA, pursuant to Section 15308 because the City is authorized to assure the maintenance, restoration, enhancements, or protection of the environment where the regulatory process involves procedures for protection of the environment. Section 5. Publication. The City Clerk shall certify as to the passage and adoption of this urgency ordinance and shall cause the same to be published in a manner prescribed by law. Section 6. Effectiveness of Ordinance. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code Section 36937. PASSED, APPROVED and ADOPTED this __TH day of ____________ 2021. _________________________________ Eric Alegria, Mayor ATTEST: ____________________________ Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) P.C. Resolution No. 2021-04 Page 14 of 14 I, EMILY COLBORN, 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; that the foregoing Ordinance No. ___ passed first reading on _____________, 2021, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on __________, 2021, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Emily Colborn, City Clerk