Loading...
CC SR 20210504 01 - Coastal Sage Scrub CITY COUNCIL MEETING DATE: 05/04/2021 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to amend Chapter 17.70 (Site Plan Review) of Title 17 (Zoning) of the Rancho Palos Verde Municipal Code to add subsection 17.70.025 (Natural Communities Conservation Plan/Habitat Conservation Plan) establish ing Coastal Sage Scrub provisions. RECOMMENDED COUNCIL ACTION: (1) Introduce Ordinance No. __, 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 (CASE NO. PLCA2021- 0002) FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Deputy Director/Planning Manager REVIEWED BY: Ken Rukavina PE, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. __ (page A-1) B. P.C. Resolution No. 2021-04 (page B-1) BACKGROUND AND DISCUSSION: On November 19, 2019, the City Council adopted Resolution No. 2019-61, thereby adopting the final Rancho Palos Verdes Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP). The City’s NCCP/HCP encompasses the entire City, and its implementation is intended to maximize benefits to wildlife and vegetation communities while accommodating appropriate economic development 1 within the City. In conjunction with the adoption of the NCCP/HCP, the City Council also initiated code amendment proceedings to amend the Rancho Palos Verdes Municipal Code (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). Section 6.3.3 of the NCCP/HCP includes specific language requiring the adoption of an Interim Resource Protection Ordinance aimed at protecting coastal sage scrub (CSS) while the necessary additional amendments initiated by the City Council in November 2019 are made to the RPVMC. Specifically, the Interim Resource Protection Ordinance being considered this evening would 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 vacant lot outside the Preserve that supports CSS will be approved by the City without a determination of conformance with the established NCCP/HCP. Staff estimates that the NCCP/HCP may affect 43 private properties in the City with CSS. On March 9, 2021, the Planning Commission held a public hearing and adopted P.C. Resolution No. 2021-04 (Attachment B) recommending that the City Council amend Chapter 17.70 (Site Plan Review) of Title 17 (Zoning) of the RPVMC to add subsection 17.70.025 (Natural Communities Conservation Plan/ Habitat Conservation Plan) in order to establish provisions for the protection of CSS. As part of the Planning Commission’s review of the code amendment action, the proposed code text was augmented to provide further clarification regarding the term “take” to have the same meaning as the term is defined in Section 10.12 of Title 50 of the Code of Federal Regulations1. On April 15, 2021, a public notice announcing the City Council’s review of the proposed code amendment was published in the Peninsula News. As of the preparation of this report, Staff has not received written public correspondence in response to the public notice. Proposed Code Amendment Currently, Chapter 17.70 (Site Plan Review) of the RPVMC enables the Director of Community Development and/or the Planning Commission to check development proposals for conformity with the provisions of the code. The proposed code amendment would amend this section of the code to include a new provision requiring any proposed development project within the Preserve, on a vacant lot abutting the Preserve, or on a vacant lot outside the Preserve that supports CSS to first obtain a determination by the City as to the conformance of the project to the NCCP/HCP. 1 Per Title 50 of the Code of Federal Regulations, “take” means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect. 2 The proposed text would 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. “T ake” 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.” The proposed amendment to Title 17 is consistent with the Rancho Palo s Verdes General Plan and Coastal Specific Plan in that it upholds and does not hinder the goals and policies of those plans. More specifically, 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. In addition, the City can move forward with the covered projects and activities under the Section 10 permit issued by US. Fish and Wildlife Service while the necessary long- term actions described in 6.3.1 and 6.3.2 of the NCCP/HCP are completed. Staff anticipates presenting the additional, Council-initiated, zoning code text amendments necessary for the implementation of the NCCP/HCP to the Planning Commission in June. If the City Council considers introducing the proposed ordinance outlined in this report (Attachment A), the second reading of the ordinance is tentatively scheduled for City Council consideration on May 18. The ordinance would go into effect 30 days after the second reading. Environmental Assessment Staff has reviewed the proposed application for compliance with the California Environmental Quality Act (CEQA). 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 3 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. Wildlife Agencies Review The proposed code text was prepared in consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. Additionally, the Palos Verdes Peninsula Land Conservancy was informed of this evening’s agenda item. CONCLUSION: Staff therefore recommends the City Council introduce Ordinance No. __ to establish provisions for the protection of CSS. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify specific changes to the proposed code amendment and continue the consideration of this ordinance for reintroduction at a future meeting or read proposed text amendments into the record. 2. Take no action on the proposed ordinance at this time. 4 Ordinance No. ___ Page 1 of 7 ORDINANCE NO. ___ 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 (CDFW) (collectively, the Wildlife Agencies). A-1 Ordinance No. ___ Page 2 of 7 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 ente red 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 permitt ing. 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 o f 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 de velopers 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 A-2 Ordinance No. ___ Page 3 of 7 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 permits and in addition potentially cause adverse impacts to the CSS habitat Covered Species, and to the Preserve; and A-3 Ordinance No. ___ Page 4 of 7 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. Section 2. The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A-4 Ordinance No. ___ Page 5 of 7 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, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. A-5 Ordinance No. ___ Page 6 of 7 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. T he 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 4TH day of May 2021. _________________________________ Eric Alegria, Mayor ATTEST: ____________________________ Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) A-6 Ordinance No. ___ Page 7 of 7 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. ___ passed first reading on _____________, 20 21, 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: __________________________________ Teresa Takaoka, City Clerk A-7 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). B-1 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 B-2 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 B-3 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 B-4 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". B-5 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” B-6 DRAFT ORDINANCE NO. __ Please see attached B-7 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). B-8 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 B-9 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 B-10 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: B-11 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. B-12 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 ) B-13 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 B-14