ORD 646 ORDINANCE NO. 646
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADDING 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 TO ESTABLISH PROVISIONS
FOR THE PROTECTION OF COASTAL SAGE SCRUB.
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 finds 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 Service (USFWS) and the California Department
of Fish and Wildlife (CDFVV) (collectively, the Wildlife Agencies).
Table-l.Proposed Covered Species List for the NCCP/HCP
Common Name Scientific Name Status
Aphanisma .4phanisma blitoides CNPS List 1B
South Coast Saltscale Atriplex pati►ca CNPS List 1B
Catalina Crossosoma Crossosoma califivnict►nt CNPS List 1B
Island Green Dudleya D►►dleya rirens ssp.insularis CNPS List 1 B
Santa Catalina Island Desert- Lyciemt brevipes var.hassei CNPS List I B
thorn
Woolly Seablite Suaeda taxifolia CNPS List 4
Palos Verdes Blue Butterfly Glaucopsyche llgdamus FE
palosverdesensis
El Segundo Blue Butterfly Euphilotes battoides allyni FE
Coastal California Gnatcatcher Polioptila culifor►tica FT,NCCP Focal Species,
californica SSC
Cactus Wren Campvlorhynchus NCCP Focal Species
brunneicapillus
FE=Federally endangered
FT=Federally threatened
SSC=State Species of Concern
CNPS List I B=Plants,rare,threatened,or endangered in California and elsewhere
CNPS List 4=Plants of limited distribution-a watch list
Ordinance No. 646
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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 Natural Community
Conservation Plan/Habitat Conservation Plan (NCCP/HCP) that would encompass the
entire City; and
WHEREAS, on November 19, 2019, the City Council adopted 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
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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
Ordinance No. 646
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WHEREAS, the NCCP/HCP may impact private properties whereon new
development occurs on properties that directly abut the Palos Verdes Nature Preserve
(Preserve). Any such project will be analyzed during the CEQA review process, and
development standards will be implemented as conditions of approval and/or mitigation
measures 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; and
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
Ordinance No. 646
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permits and in addition potentially cause adverse impacts to the CSS habitat Covered
Species, and to the Preserve; and
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. 2021-04, 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 April 15, 2021, a Public Notice was published in the Peninsula
News, providing a notice of a public hearing before the City Council on May 4, 2021; and
WHEREAS, on May 4, 2021, 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. 2021-04, 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.
Ordinance No. 646
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Section 2. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
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 3. 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 Council
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 4. 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,
Ordinance No. 646
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sentences, phrases or words of this ordinance and as such they shall remain in full force
and effect.
Section 5. 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 6. 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 7. 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 18th day of May 2021.
%11/4.
Eric Alegria, May•k,
ATTEST:
eresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
Ordinance No. 646
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I, TERESA TAKAOKA, 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. 646 passed first reading on May 4, 2021, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on May 18,
2021, and that the same was passed and adopted by the following roll call vote:
AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria
NOES: None
ABSENT: None
ABSTAIN: None
Ter ,,,,,,,„,...
esa aoka, City Clerk
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Ordinance No. 646
Page 7 of 7
CITY OF � 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 City Clerk of
the City of Rancho Palos Verdes;
That on May 19, 2021, she caused to be posted the following document
entitled: ORDINANCE NO. 646, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADDING 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 TO ESTABLISH PROVISIONS FOR THE
PROTECTION OF COASTAL SAGE SCRUB, 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.
City Clerk