CC SR 20231114 K - Ocean Trails Reserve HCPCITY COUNCIL MEETING DATE: 11/14/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to request a time extension amendment to the
conservation easement offers for Ocean Trails Reserve.
RECOMMENDED COUNCIL ACTION:
1)Authorize the execution and recording of a Time Extension Amendment to the
Conservation Easement Offers for the Ocean Trails Reserve thereby extending the
deadline to record the Conservation Easements from December 16, 2023 to January
1, 2026 to ensure the California Department of Fish and Wildlife issues the City its
permit pursuant to the Rancho Palos Verdes Natural Community Conservation Plan.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Brandy Forbes, AICP, Director of Community Development
Katie Lozano, Senior Administrative Analyst, Recreation and Parks
Department
REVIEWED BY: Brandy Forbes, AICP, Director of Community Development
Cory Linder, Director of Recreation and Parks
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.Draft Amendment to Conservation Easement Offers to extend to January 1, 2026
(page A-1)
B.Final NCCP/HCP adopted by Resolution 2019-61
C.Original recorded Conservation Easements (page C-1)
•CCOTD #97-1990231 for a portion of Lot 98 of APN Map 51 (page C-1)
•OTD #97-1990232 for Lots 25 and 26 of Tract 32574 (page C-12)
•OTD #00-1456233 for southerly portion of Lot 98 of APN Map 51 (page C-23)
D.Conservation Easement Offer Amendment recorded November 27, 2018 to extend to
December 16, 2023 (page D-1)
E.Letter to California Coastal Commission explaining need for extension (page E-1)
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BACKGROUND:
The City of Rancho Palos Verdes has applied to the U.S. Fish and Wildlife Service
(USFWS) and California Department of Fish and Wildlife (CDFW) for a joint take permit,
pursuant to the Natural Communities Conservation Plan/Habitat Conservation Plan
(NCCP/HCP) adopted by Council in November 2019. The NCCP portion of the permit is
issued by the CDFW and the HCP portion of the permit is issued by the USFWS.
Together, these permits provide for the regional protection of natural resources and
sensitive species while streamlining appropriate economic and/or construction activities
and projects. Specific to Rancho Palos Verdes, the RPV NCCP/HCP sets aside the
1,500-acre Palos Verdes Nature Preserve and Citywide protection of sensitive species’
habitat as natural resource protection and environmental mitigation for vital City
infrastructure projects, such as the Landslide Remediation Project, Citywide drainage
projects, and road repair, to name a few.
After a long planning process, the City Council approved the NCCP/HCP in November
2019, and the USFWS issued the City its associated HCP permit in April 2020. The City
is still awaiting the NCCP permit decision from the CDFW. Without both the CDFW NCCP
permit and the USFWS HCP permit, the City does not have a complete and functioning
NCCP/HCP or permit, nor does the City truly benefit from the RPV NCCP/HCP’s intended
project streamlining functions.
There are several steps that the City must take post NCCP/HCP permit issuance to fully
implement the NCCP/HCP, including recording conservation easements with specific
language over all 15 Preserve properties, modifying the City’s Municipal Code to provide
Citywide protection of coastal sage scrub habitat, and creating a vehicle access protocol
for the Preserve, to name a few. Each post permit implementation task is assigned a
specific timeline.
Part of this NCCP/HCP post permit issuance timeline is that the City is required to record
the conservation easement included as Exhibit E to the RPV NCCP/HCP Implementation
Agreement within 90 days of the CDFW issuance of the NCCP permit and USFWS
issuance of the HCP permit. The conservation easement will be recorded against all of the
City-owned properties within the Preserve and will replace conservation easements that
were recorded previously against some of the properties, such as the Switchback
property, Portuguese Bend Reserve, Filiorum Reserve, Agua Amarga Reserve, and
Shoreline Park. A reciprocal conservation easement will also be recorded on the sole
partial Preserve property owned by the PVPLC (Lunada Canyon).
The purpose of the conservation easement is to permanently limit certain uses of the land
to protect its conservation value for which the land was purchased. The conservation
easement references the NCCP/HCP and allows for Covered Projects and Activities,
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subject to minimization measures, to take place during the permit term (40 years)
throughout the City. A conservation easement obligates the grantee of the easement to
monitor the property to ensure that it is being used in accordance with the terms of the
conservation easement. The grantee of the easement is also obligated to enforce the
terms of the conservation easement. Because the City is still awaiting the CDFW’s NCCP
permit decisions, the City has not yet begun the post-permit process of recording RPV
NCCP/HCP required conservation easements over the Preserve properties.
One of the 15 NCCP/HCP Preserve properties over which the City must place the
NCCP/HCP conservation easements post NCCP/HCP permit issuance is Ocean Trails
Reserve. Ocean Trails Reserve is part of the open space area, owned by the City,
surrounding Trump National Golf Club. Ocean Trails Reserve is part of a pre-existing
HCP that provided environmental mitigation for the Trump National Golf Course
Development Project in 1997. As part of the 1997 Golf Development HCP, the USFWS
required the City to place a conservation easement over Ocean Trails Reserve in favor
of the CDFW prior to 2018. Additionally, this conservation easement must be approved
by the California Coastal Commission, because the property is located within the Coastal
Zone.
However, because in 2018 the City was actively working with the USFWS, CDFW, and
PVPLC on the larger NCCP/HCP, which would include Ocean Trails Reserve and would
require a specific and consistent conservation easement to be placed over all 15 Preserve
properties, the City amended the offers to dedicate the conservation easements for the
Ocean Trails property to extend the recordation timeline to December 2023. Also at that
time, the CDFW communicated that it prefers not to hold the conservation easements
over Ocean Trails Reserve, and it was contemplated that PVPLC would hold the
easement instead, consistent with other NCCP/HCP City-owned Preserve properties. For
this reason, the offer to dedicate was also amended to state that that conservation
easement holder could be the CDFW, or another public or private entity approved by the
California Coastal Commission. Below is a timeline outlining the simultaneous
NCCP/HCP and Trump National Golf Club HCP milestones and implementation
processes.
1996 through 2023 Timeline on the NCCP/HCP
Beginning in 1996, the following milestones occurred as summarized in the timeline below:
1996: City entered into a Planning Agreement with the wildlife agencies
to develop the NCCP/HCP.
1996-1999: NCCP/HCP Working Group consisting of representatives from
the City, the wildlife agencies, PVPLC, and the public completed
phases 1 and 2 of NCCP/HCP, including mapping vegetation and
sensitive species in the City, developing potential Preserve
configurations, and engaging the community.
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December 18, 1997: The City recorded irrevocable offers to convey conservation
easements for a 21-year term to the CDFW for the open space
areas surrounding Trump National Golf Club associated with the
1997 HCP for the Golf Development (OTD #97-1990231 for a
portion of Lot 98 of APN Map 51 and OTD #97-1990232 for Lots
25 and 26 of Tract 32574).
September 18, 2000: The City recorded an irrevocable offer to convey a conservation
easement for a 21-year term to the CDFW (OTD #00-1456233 for
southerly portion of Lot 98 of APN Map 51).
1999-2004: The Draft NCCP/HCP was prepared.
August 30, 2004: City Council adopted the Draft NCCP/HCP, certified the related
Environmental Impact Report (EIR), and approve d the draft
Implementing Agreement (IA).
2004-2017: City, wildlife agencies, and PVPLC updated various components
of the NCCP/HCP, including reassessing the acreage losses
associated with City-covered projects over the 40-year permit
term and the reconfiguration of the Preserve.
2017-2019: City Staff updated the draft NCCP/HCP for adoption by City
Council, including IA and conservation easements, as well as
conducted required public input and hearings and preparing
appropriate environmental reviews.
November 27, 2018: The Amendment to Conservation Offers for the Trump National
Golf Course HCP was recorded that amended each of the
Irrevocable Offers of Conservation Easements to extend the
period through December 16, 2023.
November 19, 2019: City Council approved Resolution 2019-61 adopting the City’s
NCCP/HCP, certifying the required environmental documents
and approving the Implementing Agreement
April 2020: USFWS issued the City of Rancho Palos Verdes its Section 10
HCP permit associated with the NCCP/HCP
City is currently awaiting CDFW approval of NCCP permit associated with the City’s
NCCP/HCP Plan.
continued on next page
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DISCUSSION:
Need for Extension of Offer
While it was originally envisioned that the City would be prepared to record a conservation
easement over the Ocean Trails Reserve consistent with the original Trump National Golf
Club HCP and the City’s 2019 RPV NCCP/HCP by the December 2023 deadline, the
CDFW has informed the City that it requires additional time to review the City’s NCCP
permit.
To provide that additional time for the state to complete the review, Staff recommends
that City Council request additional time from the California Coastal Commission to
execute and record the permanent easements over Ocean Trails Reserve. Within this
agenda item, City Staff recommends the City Council adopt an amendment to the
conservation easement offers. Since the City has been awaiting the state’s review of the
NCCP for over three years, the City is conservatively extending the period during which
each of the offers may be accepted to January 1, 2026. However, upon issuance of the
state permit and responses to specific questions identified in the City’s letter to the
California Coastal Commission (Attachment E), the City will record the conservation
easements over the property pursuant to the City’s NCCP/HCP timeline, which is within
90 days of USFWS and CDFW permit issuance.
CONCLUSION:
Staff therefore recommends the City Council to a uthorize the execution and recording of
a Time Extension Amendment to the Conservation Easement Offers for the Ocean Trails
Reserve thereby extending the deadline to record the Conservation Easements from
December 16, 2023 to January 1, 2026 to ensure the CDFW issues the City its NCCP
permit pursuant to the Rancho Palos Verdes Natural Community Conservation Plan. This
will ensure that the process of recording the conservation easements over the Ocean
Trails Reserve is consistent with the City’s NCCP/HCP Plan and avoid disruption of the
permitting process.
ALTERNATIVES:
In addition to Staff’s discussed option, the following alternative actions are available for
the City Council’s consideration:
1. Take no action and simply receive and file this report. Such decision will leave
the Preservation areas without a Conservation Easement.
2. Take such other action as the Council deems appropriate.
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01203.0018/932856.1 1
RECORDING REQUESTED BY:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
WHEN RECORDED RETURN TO:
CALIFORNIA COASTAL COMMISSION
725 Front Street, Suite 300
Santa Cruz, CA 95060
ATTN: LEGAL DIVISION
AMENDMENT TO CONSERVATION EASEMENT OFFERS
This AMENDMENT TO CONSERVATION EASEMENT OFFERS (this
“Amendment”) is made by the City of Rancho Palos Verdes, a municipal corporation,
and shall amend each of (1) the Irrevocable Offer to Convey a Conservation Easement to
the California Department of Fish and Game recorded in the Los Angeles County
Records Office (“Official Records”) as Instrument Number 97-1990231 on December 18,
1997, (2) the Irrevocable Offer to Convey a Conservation Easement to the California
Department of Fish and Game recorded in the Official Records as Instrument Number
97-1990232 on December 18, 1997, and (3) the Irrevocable Offer to Convey a
Conservation Easement to the California Department of Fish and Game recorded in the
Official Records as Instrument Number 00-1456233 on September 18, 2000 (collectively,
the “Offers”), as follows:
1.The period during which each of the Offers may be accepted is hereby
extended to January 1, 2026 and this Amendment shall continue to be binding
on Grantor and its heirs, assigns or successors in interest to the Property (as
such term is defined in the Offers) until January1, 2026.
2.The term “Grantee” under the Offers is hereby defined as the California
Department of Fish and Wildlife (as successor-in-interest to the California
Department of Fish and Game) and/or any other public or private entity
approved by the Executive Director of the California Coastal Commission to
accept the Offers.
Except as expressly modified herein, the terms and provisions of the Offers shall
remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
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01203.0018/932856.1 2
This Amendment is hereby executed on behalf of the City of Rancho Palos
Verdes as of the date set forth below.
Dated: _________________________, 2023
GRANTOR:
CITY OF RANCHO PALOS VERDES,
a California Municipal Corporation
By: _________________________________
Name:
Title: Mayor
ATTEST:
_________________________________
Teri Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
William W. Wynder, City Attorney
[SEE FOLLOWING PAGE FOR NOTARY ACKNOWLEDGEMENT]
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01203.0018/932856.1 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On _________________________, before me, ____________________________, Notary
Public, personally appeared ________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
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01203.0018/932856.1 4
This is to certify that the Amendment to Conservation Easement Offers set forth above is
hereby acknowledged by the undersigned officer on behalf of the California Coastal
Commission when it granted Coastal Development Permit Amendment No. A-5-RPV-93-
005, and the California Coastal Commission consents to recordation thereof by its duly
authorized officer.
Dated: ___________, 2023
CALIFORNIA COASTAL COMMISSION
___________________________________
Karla Galvez, Staff Counsel
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On _________________________, before me, ___________________________, Notary Public,
personally appeared KARLA GALVEZ, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
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City of Rancho Palos Verdes
COMMUNITY DEVELOPMENT
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5228 / FAX (310) 544-5293 / WWW.RPVCA.GOV
November 6, 2023
Ms. Kelly Cuffe
California Coastal Commission
Statewide Planning Unit
725 Front Street, Suite 300
Santa Cruz, CA 95060
Dear Ms. Cuffe:
The City of Rancho Palos Verdes is requesting additional time to execute and record
permanent conservation easements over the Ocean Trails Reserve property adjacent to
the Trump National Golf Course. Following is some background information explaining
the need for extra time.
The City has applied for a joint take permit from the California Department of Fish and
Wildlife (CDFW) and the U.S. Fish & Wildlife Service (USFWS) pursuant to its adopted
Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) .
Although the City has received the Federal take permit, we are still awaiting the
approval of the State permit. We just received an update from CDFW that their NCCP
review has not been completed and therefore the State take permit has not issued yet.
The take permit, once issued, requires the City to place a consistent and specific
conservation easement over the 14 City-owned Nature Preserve properties (including
Ocean Trail Reserve) in favor of the Palos Verdes Peninsula Land Conservancy
(PVPLC) within 90 days of permit issuance. Ocean Trails Reserve includes the
properties near Trump National Golf Course for which a conservation easement
associated with the Trump National Golf Course HCP is required prior to December
2023.
Since the City is still awaiting State permit decisions on the NCCP portion of the City’s
take permit, recording a conservation easement over the Ocean Trails Reserve
properties before CDFW permit issuance would complicate and disrupt the City’s
NCCP/HCP implementation process.
Some items that the City would like to address and resolve with the California Coastal
Commission include:
•The language and in some cases the intent of the original conservation easement
and the conservation easements required by the NCCP/HCP are inconsistent.
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November 6, 2023
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• The boundaries of the Ocean Trails Reserve and the parcels in the original
conservation easements may not line up completely, and should be resolved to
ensure the easement boundaries are correct.
To accommodate the State’s delayed review of the NCCP, the City will be requesting
additional time to execute and record the permanent easements. Since the City has
been awaiting the State’s review of the NCCP for over a year, the City is conservatively
extending the period during which each of the offers may be accepted to January 1,
2026. However, the City will record the conservation easements over the property
pursuant to the City’s NCCP/HCP timeline, which is within 90 days of State permit
issuance. The City Council will consider adoption of the Amendment to Conservation
Easement Offers document (draft attached) at their November 14, 2023 meeting. Once
adopted, we will forward to the Coastal Commission for processing and approval.
Please let me know if it would be helpful to meet to discuss this matter further.
Sincerely,
______________________
Brandy Forbes, AICP
Community Services Director
CC: Carol Roberts, USFWS
Eric Porter, USFWS
Mary Beth Woulfe, USFW
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