CC RES 2008-104 RESOLUTION NO. 2008-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING REVISIONS TO GRADING PERMIT NO. 1541 IN
CONJUNCTION WITH REVISION "PP" 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 AEI 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 for 45 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, 92-1171 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.
93-901 93-911 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, 94-731 94-741 94-751 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, 96-741 96-751 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
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,
Resolution No. 2008-104
Page 2 of 7
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 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,
Resolution No. 2008-104
Page 3of7
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
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
"AX 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,
Resolution No. 2008-104
Page 4 of 7
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,VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting
approval of 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, 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 October 15, 2008, copies of the draft Addendum No. 37 to
Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the
proposed Revision "PP" to the Trump National Golf Club project, the City Council independently reviewed and
considered the information and findings contained in Addendum No. 37 to EIR No. 36; and,
WHEREAS, on October 21, 2008, after notice issued pursuant to the provisions of the Development
Code,the City Council held a public hearing to consider draft Addendum No. 37 to Environmental Impact Report
No. 36 and the applicant's request for Revision "PP" 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
(striket text for text removed, bold and underline text for text added):
Resolution No. 2008-104
Page 5of7
E-1. Revision WAS"Revision "PP", as approved by the City Council on October 21, 2008,
permits a temporary opening of the driving range to�f^"°Y 22 22 .2-00.8. January 22, 2009.
E-2. The Applicant may open the driving range to the public for a temporary period through QGtob
200 January 22, 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
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. 37 to the previously certified EIR, rather than the preparation of a subsequent or supplemental 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 "PP" to
Grading Permit No. 1541 for a temporary opening of the driving range, the City Council finds as follows:
Resolution No. 2008-104
Page 6 of 7
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 hearings,
the City Council of the City of Rancho Palos Verdes hereby approves Revision"PP"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 incorporate► e 4.
PASSED, APPROVED, and ADOPTED this 21st day of October 200:.
Mayor
Attest:
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.
2008-104 was duly and regularly passed and adopted by the said City Council at a regular meeting held on
October 21, 2008.
&14-
City Clerk
Resolution No. 2008-104
Page 7 of 7
RESOLUTION NO. 2008-104- EXHIBIT "A"
GRADING PERMIT NO. 1541 — REVISION "PP"
CONDITIONS OF APPROVAL
A. GENERAL
1. Within thirty (30) days of approval of Revision "PP" 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. 2008-104
Exhibit A
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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
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Exhibit A
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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. 2008-104
Exhibit A
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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 "PP" ONLY
1. Revision "PP", as approved by the City Council on October 21, 2008, permits a
temporary opening of the driving range to January 22, 2009.
2. The Applicant may open the driving range to the public for a temporary period through
January 22, 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
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Exhibit A
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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. 2008-104
Exhibit A
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