(2)AR 011607 Endangered Species - Laserfiche WebLink

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State CEQA Guidelines, § 15307 - Actions by Regulatory Agencies for Protection of Natural Resources Section 15307 exempts the following activities: [A]ctions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. The use of a similar exemption (see below) was upheld when applied to a county's adoption of an ordinance prohibiting the use of sewage sludge as a fertilizer within the county. (Magan v. County of Kings (2002) 105 Cal.App.46 468.) The following evidence and analysis supports the application of the Class 7 exemption to this Ordinance: The proposed ordinance would be an action taken by the City. The City is a regulatory agency authorized by state law to regulate land use. (Cal. Const, art. XI, § 7; De Vita v. County of Napa (1995) 9 Cal.41h 763, 782; Cal. Gov. Code, §§ 65300 et seq. (general and specific plans), 65800 et seq. (zoning regulations).) The ordinance would be adopted to assure the maintenance, restoration, or enhancement of a natural resource (i.e., endangered species habitat). According to the Service, in most cases, "listed species and their habitat cannot be conserved without management of the conservation property." (United States Department of the Interior, Fish and Wildlife Service, Guidance for the Establishment, Use, and Operation of Conservation Banks, May 2, 2003 ("Conservation Bank Guidance"), at p. 12.) For example, Delhi Fly habitat must be kept free of trash, non-native vegetation, and trespassers, otherwise damage to the soil or individual flies may result. (United States Department of the Interior, Fish and Wildlife Service, Pacific Region, Final Recovery Plan for the Delhi Sands Flower -Loving Fly, 1997, at pp. 8- 10.) City Staff has, in fact, observed potential habitat that is unmanaged within the City to contain trash, vagrant populations, unauthorized recreational off-roading, and invasive non-native vegetation. The proposed ordinance involves procedures for protection of the environment. For example, the ordinance would allow the City to place the following conditions on habitat conservation use to ensure protection of the species: 1. Monitoring and reporting; 2. Fencing, screening and/or buffer zones;