Loading...
CC RES 2009-071 RESOLUTION NO. 2009-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO GRADING PERMIT NO. 1541 IN CONJUNCTION WITH REVISION "SS" TO THE TRUMP NATIONAL GOLF CLUB LOCATED IN COASTAL SUBREGIONS 7 AND 8. WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18-hole golf course, a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east; and, WHEREAS, a Draft Environmental Impact Report(DEIR)was prepared and circulated for 45 days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public; and, WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps, and,due to the changes in the project,an Addendum to the Draft Environmental Impact Report(ADEIR)was prepared; and, WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City determined that the information submitted in the AEIR cited potential additional significant environmental impacts that would be caused by the revised project, and directed preparation of a Supplemental Environmental Impact Report(SEIR). The SEIR,which incorporates information and findings set forth in the Addendum to the Draft Environmental Impact Report,was prepared and circulated for45 days from March 19, 1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR, in conformance with the requirements of the California Environmental Quality Act; and, WHEREAS, on June 1, 1992,the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92-53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92-54, 92-55, 92-56 and 92-57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667,Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and Grading Permit No. 1541 for a Residential Planned Development consisting of a total of eighty-three(83)single family dwelling units,an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos. 7 and 8; and, WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project raised a substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes for reconsideration; and, WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92-115 approving the Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 92-116, 92-117, 92-118 and 92-119 approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation; and, WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-5 (i.e. Coastal Permit No. 103), subject to additional conditions of approval. WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93-89 approving a second Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 93-90, 93-91, 93-92 and 93-93 respectively re-approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and, WHEREAS,on November 5, 1993,the California Coastal Commission adopted revised and expanded findings in conjunction with the project; and, WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 94-71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76 and 94-77, respectively, approving Revision "A" to the approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from the area southwest of the School District property to an area north of Half Way Point, locating the golf course maintenance facility and four(4)affordable housing units southeast of the corner of Palos Verdes Drive South and Paseo Del Mar, reducing the number of single family residential lots from eighty-three(83)to seventy-five (75) and increasing the height of the golf course clubhouse from thirty (30) feet to forty-eight(48)feet; and, WHEREAS, on January 12, 1995,the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its first amendment to the permit, subject to revised conditions of approval; and, WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its second amendment to the permit; and, WHEREAS, on February 1, 1996,the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its third amendment to the permit; and, WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 96-16,and 96-17, respectively,approving Revision"B"to the approved Ocean Trails project, including, but not limited to, modifying the approved alignment of Paseo del Mar("A"Street/"J" Bluff Road), revising the Conditions of Approval regarding several public trails, and relocating the golf course clubhouse approximately 80 feet to the west of its previously approved location; and, WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A(i.e. Coastal Permit No. 103), thereby approving its fourth amendment to the permit, subject to revised conditions of approval; and, WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 96-73, 96-74, 96-75, 96-76 and 96-77, respectively,approving Revision"C"to the approved Ocean Trails project, including, but not limited to, relocation of two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street"A"to the end of Street"C", revisions to the boundaries of open space Lots B, C, G and H, conversion the split-level lots in Vesting Tentative Tract Map No.50667 to single-level lots, revisions to the golf course layout, revisions the public trail system, combination of parallel trails easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and Resolution No. 2009-71 Page 2 of 8 amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for compliance; and, WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution No. 97-44 approving Revision "D" to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 162 (Residential Planned Development)to modify the minimum rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the proposed residences and the potential brush fires that may occur on the adjacent habitat area; and, WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-32 approving Revision "E"to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course improvements; and, WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-59, approving Revision "F" to the Ocean Trails project, which involved, modifying the configuration of Streets"C"and"D"and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667 to accommodate the final location of the Foundation Setback Line,and a revision to Conditional Use Permit No. 162 (Residential Planned Development)to address maximum building height; and, WHEREAS,on July 14, 1998,the Planning Commission adopted P.C.Resolution Nos.98-26 and 98- 27,thereby recommending approval of Addendum No. 6 to EIR No.36 and Revision"G"to Conditional Use Permit No. 163 to the City Council; and, WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No.98-76 approving Addendum No. 6 to Environmental Impact Report No.36 and the proposed Revision"G"to the Ocean Trails project,which included: 1)an 18%increase in the size of the clubhouse from 27,000 square feet to 32,927 square feet; 2)an increase in the size of the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility building;and,4)relocation of the maintenance building and reconfiguration of the maintenance facility parking lot. WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No.99-10 approving Addendum No. 7 to Environmental Impact Report No.36 and the proposed Revision"H"to the Ocean Trails project,which included:changing 6 of the residential lots within VTTM 50667 from flat pad lots to split level lots,lowering the overall pad elevation for each lot,and lowering Street'B'within the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the approval included the modification of the project's mitigation measures and conditions of approval to allow the permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays through March 21, 1999 WHEREAS,on May 4, 1999,the City Council of the City of Rancho Palos Verdes adopted Resolution No.99-29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision"I" to the Ocean Trails project,which included a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons. Revision "I" only amended the drainage for the east side of the Ocean Trails project, involving La Rotonda canyon; and, WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re-activated; and, WHEREAS,on July 20, 1999,the City Council of the City of Rancho Palos Verdes adopted Resolution No.99-55 approving Addendum No.9 to Environmental Impact Report No. 36 and the proposed Revision"J" to the Ocean Trails project,which included 1), the conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners; 2) withdrawn by Resolution No. 2009-71 Page 3 of 8 applicant;3),the timing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy; 4), delay the construction of two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5), lower the approved residential building pad elevations and create split-level pads in VTTM No. 50666; 6), delay the payment of traffic impact fees to prior to Final Map No.50666;7),allow an increase in total building area of the clubhouse by permitting a basement space;8),withdrawn by applicant;and 9),revise the hours permitted for golf course landscape gardening; and, WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000-27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the proposed Revision"K"to the Ocean Trails project,which allowed a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2, 1999; and, WHEREAS, on June 21,2000,the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000-38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact Report No.36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations, and the proposed Revision"L"to the Ocean Trails project, for the repair of Landslide C at Ocean Trails; and, WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved Revision M to the Ocean Trails Project,thereby approving an amendment to the Habitat Conservation Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement over the lower portion of Shoreline Park; and, WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes approved Revision N to the Ocean Trails Project,thereby approving a Mitigated Negative Declaration and amending the project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons. Revision"N"only amended the drainage for the west side of the Ocean Trails project, involving Forrestal Canyon; and, WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision P to the Ocean Trails Project,thereby approving an amendment to allow Ocean Trails an extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the opening of the clubhouse"to"prior to the opening of the 18-hole golf course"; and, WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision Q to the Ocean Trails Project, thereby approving an amendment which allows Ocean Trails to re- construct(instead of re-pave)La Rotonda Drive from Palos Verdes South to the end of La Rotonda Drive, in lieu of re-paving Palos Verdes Drive South from La Rotonda Drive to the eastern City limits; and, WHEREAS, on September 4, 2001, the City Council of the City of Rancho Palos Verdes approved Revision R to the Ocean Trails Project,thereby revising the Conditions of Approval for VTTM No.50666 and VTTM No. 50667, so as to adjust Condition 1-3 allowing an extension to completing the reconstruction of La Rotonda Drive from Palos Verdes Drive South to its end; and, WHEREAS,on April 20,2004,the City Council of the City of Rancho Palos Verdes approved Revision "V"to the Ocean Trails Project, thereby allowing 1)basement areas of one-story structures to be excluded from the existing 30%"Maximum Habitable Space"requirement,but require that the basement habitable area be added to the first floor habitable area in complying with the"Maximum Habitable Space Square Footage" requirement; 2) permitting a change in the height of Lot #2 to allow for a subterranean garage; and 3) permitted construction of retaining walls and access to the proposed subterranean garage; and, WHEREAS,on June 7,2005,the City Council of the City of Rancho Palos Verdes adopted a Mitigated Negative Declaration and approved Revision"W"to the Trump National Golf Club(formally known as Ocean Resolution No. 2009-71 Page 4 of 8 Trails) Project, thereby allowing a driving range to be constructed in place of 16 residential lots within VTTM50666; and, WHEREAS,on December 20, 2005,the City Council of the City of Rancho Palos Verdes approved Revision"Y"to the Trump National Golf Club(formally known as Ocean Trails)Project,thereby allowing a 3- month temporary opening of the golf course and driving range; and, WHEREAS,on May 2,2006,the City Council of the City of Rancho Palos Verdes approved Revision "Z"to the Trump National Golf Club(formally known as Ocean Trails)Project,thereby amending CUP No. 163 allowing a change in the golf course design to permit a new back tee on Hole#2 and an increase in waterfall height for waterfall#1; and, WHEREAS,on July 18,2006,the City Council of the City of Rancho Palos Verdes approved Revision "AA" to the Trump National Golf Club Project, thereby amending Grading Permit No. 1541, to allow an additional temporary 3-month opening of the golf course and driving range to the public; and, WHEREAS, on October 17, 2006, the City Council of the City of Rancho Palos Verdes approved Revision"CC"to the Trump National Golf Club Project,thereby amending Grading Permit No. 1541,to allow an additional temporary 3-month opening of the golf course and driving range to the public; and, WHEREAS, on January 16, 2007, the City Council of the City of Rancho Palos Verdes, via Minute Order, approved a 1-month extension to the temporary opening of the Golf Course and Driving Range;and, WHEREAS, on February 6, 2007, the City Council of the City of Rancho Palos Verdes approved Revision "DD" to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary 2-month opening of the golf course and driving range to the public; and, WHEREAS,on May 1,2007,the City Council of the City of Rancho Palos Verdes approved Revision "FF" to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary 6-month opening of the golf course and driving range to the public; and, WHEREAS, on October 16, 2007, the City Council of the City of Rancho Palos Verdes approved Revision "HH" to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary opening of the driving range to the public through December 4, 2007; and, WHEREAS, on December 4, 2007, the City Council of the City of Rancho Palos Verdes approved Revision "KK" to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary opening of the driving range to the public through January 18, 2008; and, WHEREAS, on January 16, 2008, the City Council of the City of Rancho Palos Verdes approved Revision"LL"to the Trump National Golf Club project to revise Grading Permit No. 1541,to allow an additional temporary opening of the driving range to the public through July 18, 2008; and, WHEREAS,on July 15, 2008,the City Council of the City of Rancho Palos Verdes approved Revision "NN" to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary opening of the driving range to the public through October 22, 2008; and, WHEREAS, on October 22, 2008, the City Council of the City of Rancho Palos Verdes approved Revision "PP" to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary opening of the driving range to the public through January 22, 2009; and, WHEREAS, on January 21, 2009, the City Council of the City of Rancho Palos Verdes approved Revision "RR" to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary opening of the driving range to the public through July 22, 2009; and, Resolution No. 2009-71 Page 5 of 8 WHEREAS, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "SS"to the Trump National Golf Club project to revise Grading Permit No. 1541, to allow an additional temporary opening of the driving range to the public; and, WHEREAS, on July 21, 2009, the City Council,via Minute Order, approved a two month extension (Revision "SS") of the temporary use of the Driving Range at the request of the Applicant in order to accommodate the Applicant's schedule and availability to attend the Council meeting. Said two month extension was granted to September 16, 2009. As part of that action, the Council also continued the item/public hearing on Revision "SS"to September 15, 2009; and WHEREAS,pursuant to the provisions of the California Environmental Quality Act,Public Resources Code Sections 21000 et.seq.("CEQA"),the State CEQA Guidelines,California Code of Regulations,Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement),on September 9,2009,copies of the draft Addendum No.39 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision"SS"to the Trump National Golf Club project,the City Council independently reviewed and considered the information and findings contained in Addendum No. 39 to EIR No. 36; and, WHEREAS, on September 15, 2009, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 39 to Environmental Impact Report No.36 and the applicant's request for Revision"SS"to the Trump National Golf Club project,at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE,AND RESOLVE AS FOLLOWS: Section 1: This request is to permit an extension of the temporary opening of the driving range. The following conditions of approval of Grading Permit No. 1541 are hereby revised as follows (strikethrough text for text removed, bold and underline text for text added): E-1. Revision"RR""SS" as approved by the City Council on January 21, 2009September 15, 2009, permits a temporary opening of the driving range to July 22, 2009 March 17, 2010. E-2. The Applicant may open the driving range to the public for a temporary period through July 22, 2009 March 17, 2010. The applicant shall operate the site under a public safety plan, approved by the Director of Planning, Building and Code Enforcement and the City Geologist. Such Plan shall clearly designate any hazardous areas that may be un-safe. The plan shall show how these areas are signed, fenced and/or secured from public access. The plan shall also show how participants of the Golf Course and the public visiting the site will be able to traverse the site without entering into these hazardous secured areas. During the temporary operation, all of the improvements needed in the plan shall be maintained to the satisfaction of the Director of Planning, Building and Code Enforcement and the City's Geologist. Planning, Building and Code Enforcement Staff, Public Works Staff and/or the City's Geologist will be visiting the site during the temporary operation to verify compliance with this condition and the Safety Plan. The Director of Planning Building and Code Enforcement may revoke this temporary permit at any time if, in the opinion of the Director of Planning, Building and Code Enforcement, the City Geologist or the Director of Public Works, the temporary operation may have an adverse affect on the public health, safety and welfare. Section 2: Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No.39 to the previously certified EIR,rather than the preparation of a subsequent or supplemental Resolution No. 2009-71 Page 6 of 8 EIR, is appropriate for the consideration of the proposed revisions to the Trump National Golf Club project, based on the following findings: 1. That subsequent changes proposed to the project do not require important revisions to the previous EIR, since there are no new significant environmental impacts that have been identified, which were not considered in the previous EIR.This is so, since the proposed changes identified in Section 1 and attached Exhibit "A" would not result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36. Specifically,the approved request will simply allow the temporary opening of the driving range while minor issues related to the project's conditions of approvals are addressed. There have been no substantial changes to the Project or to the environment that would cause the Project to significantly impact the environment, nor does the proposed amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible. 2. That substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken,which would require important revisions to the previous EIR, since, as noted in #1 above, there are no new significant environmental impacts that were not considered in the previous EIR,Supplement and previous Addenda thereto,and the approved project provides for changes that only affect the timing of when certain project amenities will be completed. 3. That there is no new information of substantial importance to the project which indicates that these approved changes will have one or more significant effects not discussed previously in the EIR; that significant effects previously examined will not be substantially more severe than shown in the EIR; that no mitigation measures or alternatives, previously found not to be feasible, would now in fact be feasible and would substantially reduce one or more significant effects of the project; or that no mitigation measures or alternatives which were not previously considered in the EIR,would now substantially lessen one or more significant effects of the environment, because this approved project is only to permit modifications that would cause slight delays in the completion dates for certain project amenities. Section 3: Pursuant to Section 17.76.040 of the Development Code, in approving Revision"SS"to Grading Permit.No. 1541 for a temporary opening of the driving range, the City Council finds as follows: A. The proposed project does not exceed that which is necessary for the permitted primary use of the lot, as defined in Chapter 17.96 of this title as it would permit the temporary opening of the driving range and cause minor delays to the implementation of certain public amenities. B. The proposed project does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the project only affects the timing of the Applicant's compliance with certain conditions. C. The nature of the project does not affect or cause disturbance to the natural contours and finished contours are reasonably natural because the project only affects the timing of the Applicant's compliance with certain conditions. D. The project would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because the project only affects the timing of the Applicant's compliance with certain conditions. Section 4: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 5: For the forgoing reasons,and based on information and findings contained in the public record, including staff reports, minutes, records of proceedings, and evidence presented at the public Resolution No. 2009-71 Page 7 of 8 hearings, the City Council of the City of Rancho Palos Verdes hereby approves Revision "SS" to Grading Permit No. 1541, which is necessary to protect the public health, safety and general welfare. All other conditions of approval that have been imposed on this project shall remain in effect and are incorporated herein. PASSED,APPROVED, and ADOPTED this 15th day of Septemb- !1 9. Mayor Atte t: 5T4)44,-)04 City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above Resolution No. 2009-71 was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 15, 2009. lila-- 1 / City Clerk Resolution No. 2009-71 Page 8 of 8 RESOLUTION NO. 2009-71 -EXHIBIT"A" GRADING PERMIT NO. 1541 —REVISION "SS" CONDITIONS OF APPROVAL A. GENERAL 1. Within thirty (30) days of approval of Revision "SS"to the Grading Permit, the developers shall submit, in writing, a statement that they have read, understand and agree to all the conditions or approval contained in this exhibit. B. GRADING PLAN 1. Prior to recordation of each Final Map or prior to issuance of grading permits, whichever occurs first, a final grading plan shall be approved by the Director of Public Works and City Geologist, by manual signature. This grading plan shall be based on a detailed engineering, geology and/or soils engineering report(s) and shall specifically be approved by the City Geologist and/or soils engineer and comply with all recommendations submitted by them. It shall also be consistent with the vesting tentative tract maps and conditions, as approved by the City. 2. All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a Restricted Use Area on each Final Map, in which the erection of buildings or other structures shall be prohibited. 3. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the Director of Public Works. 4. Prior to issuance of grading permits and/or recordation of the Final Map, whichever occurs first, written approval must be obtained from the owners of adjacent properties within the City where offsite grading for trails is proposed or may result. 5. A note shall be placed on the approved grading plan that requires the Director of Planning, Building and Code Enforcement's approval of rough grading prior to final clearance. The Director(or a designated staff member) shall inspect the graded sites for accuracy of pad elevations, created slope gradients, and pad size. The developer or its designee shall provide certification for all grading related matters. 6. All of the recommendations made by the Director of Public Works and City Geologist during their on-going review of the project shall be incorporated into the approved grading plans. 7. All of the recommendations of the project geologist, except as modified by the City Geologist, will be incorporated into the approved grading plan and design of any structures. 8. All natural and created slopes greater than 3.1 shall be designated as Restricted Use Areas with a note on the Final Map. 9. Prior to issuance of a building permit, an independent Geology and/or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted to and approved by the City Geologist in conformance with accepted City practice. Such soils are defined by Building Code Section 2904(b). 10. Prior to issuance of a building permit, an as-graded soils and geologic report(s), complete with geologic map shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. 11. Prior to issuance of a building permit, an as-built geological report(s)for structures founded on bed rock and an as-built soils and compaction report for structures founded on fill and all engineered fill areas shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. 12. Foundations and floor slabs cast on expansive soils shall be designed in accordance with Los Angeles County Code Section 2907-i. 13. All grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls, and Chapter 70, "Excavation and Grading"of the Uniform Building Code. 14. Unless otherwise provided in these conditions of approval or permitted by the Director of Planning, Building and Code Enforcement, the project shall comply with all appropriate provisions of the City's grading ordinance (Chapter 17.76.040 (formally 17.50)). 15. All grading shall be balanced on-site. However, should earth, rock or other material be required to be hauled from the project site, a revision to the grading permit, pursuant to requirements of the Development Code, shall be obtained. 16. No construction of permanent structures shall be allowed closer than twenty-five (25) feet landward of the Coastal Setback Zone (except for structures associated with public amenities or unless allowed by another project condition of approval). Grading within the Coastal Setback Zone shall be limited to that required for construction of approved trails, parks, vista points, driving range and golf course holes, as indicated on the approved site plans. 17. Where feasible, and subject to the review and approval of the Director of Planning, Building and Code Enforcement all graded slopes shall be "landform" graded so as to closely reflect naturally occurring topographic contours. Slope gradients shall be natural and no abrupt changes between natural and graded slopes shall be permitted. 18. All proposed retaining walls to be constructed shall be subject to review by the Planning, Building and Code Enforcement with subsequent review by the Planning Commission, if required, for review and approval pursuant to Chapter 17.76.040 (formally 17.50) of the Rancho Palos Verdes Development Code. 19. No created slopes within the tract shall exceed 2.1, unless approved by the Director of Planning, Building and Code Enforcement. 20. Prior to the issuance of grading permits, or prior to recordation of a Final Tract Map, whichever occurs first, the developer shall submit a Storm Water Pollution Prevention Plan. The post-construction Storm Water Pollution Prevention Plan shall be reviewed and approved by the Planning Commission. The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post-construction Best Management Practices (BMPs)to: a. Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies; Resolution No. 2009-71 Exhibit A Page 2 of 6 b. Maximize to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground; c. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas; d. Minimize, to the maximum extent practicable: parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping. e. Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil; and e. Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable. Furthermore, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. The pre-construction Storm Water Pollution Prevention Plan shall be reviewed and approved by the Director of Public Works. These practices include: a. Include erosion and sediment control practices; b. Address multiple construction activity related pollutants; c. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning; d. Target construction areas and activities with the potential to generate significant pollutant loads; e. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity; f. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties; g. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site. h. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at construction sites, unless treated to remove sediments and pollutants. C. CONSTRUCTION PLAN 1. Prior to the issuance of grading permits, a construction plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval. Said plan shall include, but not be limited to a phasing plan, limits of grading, estimated length of time for rough grading and construction of improvements, location of construction trailers, construction signs and equipment storage areas and the location and type of temporary utilities. 2. Prior to the issuance of grading permits and/or building permits, a program to control and prevent dust and windblown earth problems shall be submitted to the Director of Resolution No. 2009-71 Exhibit A Page 3 of 6 Planning, Building and Code Enforcement for review and approval. Methods may include, but shall not be limited to, onsite watering and vegetative planting. 3. As part of the control plan required in Condition C.2, if feasible, the water used to control fugitive dust shall not be taken from primary potable water sources. Instead, the developer shall explore other options such as using reclaimed "grey water" or other non- potable water to control dust on the site during construction, subject to the review and approval of the Director of Planning, Building and Code Enforcement and the Los Angeles County Health Department. 4. The hours of operation for grading and construction activities shall be limited from Monday to Friday, 7am to 7pm and Saturday, 7am to 5pm. No grading or construction activities shall be conducted on Sunday or legal holidays recognized by the City. No on- site maintenance of equipment or vehicles shall be permitted before or after the hours indicated. No truck or construction vehicle queuing shall occur before 7am. 5. Flagmen shall be used during all construction activities, as required by the Director of Public Works. 6. The use of a rock crusher on the site is prohibited. 7. Noncompliance with the above construction and/or grading restrictions (Conditions C.1 through C.6) shall be grounds for the City to stop work immediately on the property. D. GRADING/CONSTRUCTION ACTIVITY 1. All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with applicable provisions of the Municipal Code and the recommendations of the Director of Public Works. 2. All grading activity on the site shall occur in accordance with all applicable City safety standards. 3. Areas of the site that are not to be disturbed during grading or construction, or that are to be protected in accordance with the mitigation monitoring program established in Environmental Impact Report No. 36, Supplements thereto, and project certified Mitigated Negative Declarations, shall be temporary fenced during construction, subject to the review and approval of the Director of Planning, Building and Code Enforcement. 4. All graded slopes shall be properly planted and maintained. Within ninety (90) days of being graded, all open space/slope areas and all areas that will remain undeveloped shall be hydroseeded and/or planted. Plants shall be selected that are drought tolerant, capable of developing deep root systems and shall generally consist of low ground cover to impede water flow on the surface. Watering for establishment of said plant material shall be done in cycles that will promote deep rooting. Watering shall be diminished or stopped just prior to and during the rainy season or upon establishment of the plant material, whichever occurs first. To provide greater slope protection against scour and erosion, all graded slopes shall be covered with a jute mat to provide protection while the ground cover is being established. If appropriate, the Director of Planning, Building and Code Enforcement may approve an alternative material or method to control erosion. Resolution No. 2009-71 Exhibit A Page 4 of 6 GRADING/CONSTRUCTION ACTIVITY FOR REVISION "W" ONLY (FOLLOWING CONDITIONS D-5 THROUGH D-12): 5. All construction activities (i.e. grading)will be minimized to the extent feasible within 300 feet of habitat occupied by the gnatcatcher and/or cactus wren during the breeding season. 6. Construction-related noise levels above 60 decibels A-weighted Leq hourly in or adjacent to suitable habitat for the gnatcatcher and/or cactus wren shall be avoided and minimized year-round to the maximum extent practicable, but particularly during the breeding season (February 15-August 15). 7. Gnatcatcher and cactus wren surveys will be conducted by a qualified biological monitor possessing a valid 10(a) permit(for the gnatcatcher) and will be subject to Service approval. 8. A minimum of two pre-construction surveys will be conducted in all suitable habitat within 300 feet of the project site. The first survey will be one week prior to construction activities and the last survey will occur no more than 3 days prior to beginning construction or grading for this project. 9. The Wildlife Agencies will be notified immediately of any gnatcatchers and/or cactus wrens detected during surveys. The Wildlife Agencies and the project proponent will coordinate on a strategy (e.g., noise monitoring plan, noise attenuation barriers, etc.)to avoid and minimize impacts to gnatcatchers and/or cactus wrens occurring within 300 feet of the project site. 10. A survey report will be provided to the Service upon completion of the final survey. The survey report will contain the date, time, and weather conditions, and all gnatcatcher, cactus wren and brown-headed cowbird (Molothrus ater) detections will be plotted on a suitably-scaled topographic map of the survey area. 11. The biological monitor will be present during construction activities. The biological monitor will have authority to halt localized construction activities if a gnatcatcher or cactus wren nest is discovered within or adjacent to the project area, and will contact the Wildlife Agencies immediately. If a nest is discovered, construction activities will be restricted within 300 feet of the next until the nestlings fledge or unless other impact reduction measures, to the satisfaction of the Service, are implemented. 12. Dust resulting from construction in or adjacent to the project site shall be minimized using biologically sound techniques (e.g., earth watering). E. TEMPORARY OPENING OF THE DRIVING RANGE FOR REVISION "SS"ONLY 1. Revision "SS", as approved by the City Council on September 15, 2009, permits a temporary opening of the driving range to March 17, 2009. 2. The Applicant may open the driving range to the public for a temporary period through March 17, 2009. The applicant shall operate the site under a public safety plan, approved by the Director of Planning, Building and Code Enforcement and the City Geologist. Such Plan shall clearly designate any hazardous areas that may be un-safe. The plan shall show how these areas are signed, fenced and/or secured from public access. The plan shall also show how participants of the Golf Course and the public visiting the site will be able to traverse the site without entering into these hazardous secured areas. During the temporary operation, all of the improvements needed in the plan shall be maintained to the satisfaction of the Director of Planning, Building and Code Resolution No. 2009-71 Exhibit A Page 5 of 6 Enforcement and the City's Geologist. Planning, Building and Code Enforcement Staff, Public Works Staff and/or the City's Geologist will be visiting the site during the temporary operation to verify compliance with this condition and the Safety Plan. The Director of Planning Building and Code Enforcement may revoke this temporary permit at any time if, in the opinion of the Director of Planning, Building and Code Enforcement, the City Geologist or the Director of Public Works, the temporary operation may have an adverse affect on the public health, safety and welfare. 3. With the exception to ficus trees planted on developed single-family residential properties through the approval of a landscape plan, all other ficus trees being temporarily stored on the property shall be removed from the property prior to July 22, 2008. 4. Maintenance and/or other project related vehicles shall be prohibited from using the temporary dirt road that runs parallel and adjacent to Palos Verdes Drive South within VTTM No. 50666. Resolution No. 2009-71 Exhibit A Page 6 of 6