CC RES 2007-132 RESOLUTION NO.2007-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DENYING REVISION "GG" TO THE TRUMP NATIONAL GOLF CLUB WHICH WAS A
REQUEST TO AMEND CONDITIONAL USE PERMIT NO. 163 TO PERMIT CERTAIN FICUS
HEDGES ON THE SUBJECT PROPERTY AT THE TRUMP NATIONAL GOLF COURSE, AND
REQUIRING SUCH FICUS HEDGES TO BE REMOVED BY 5:30 P.M. ON JANUARY 22, 2008.
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 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, 92-117, 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
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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,
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; and,
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; and,
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
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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 August 19, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "T" to the Ocean Trails Project, thereby approving an amendment to allow an expansion to the
Clubhouse Building; and,
WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse
Building; 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 approved
Revision "W" to the Trump National Golf Club project thereby revising CUP No. 162, CUP No. 163,
VTTM50666, and Grading Permit No. 1541 to accommodate a new driving range in place of 16
residential lots within VTTM50666; and,
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WHEREAS, on May 2, 2006, the City Council approved Revision "Z" to the Trump National Golf
Club project to revise Conditional Use Permit No. 163 to allow a change in the golf course design to
permit an increase in height for Waterfall #1 and new back tees on Hole#2, and to revise 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 March 20, 2007, the City Council approved Revision "BB" to Conditional Use
Permit No. 163 and a Variance, thereby overturning the Planning Commission's decision to deny the
request for a 70' tall flagpole on the subject property; and,
WHEREAS, in February of 2007, the owner installed two rows of approximately 6' high ficus trees
forming a hedge along the western boundary of the subject property without obtaining City authorization
of an approved landscape plan; and,
WHEREAS, in April of 2007, the owner installed two rows of approximately 14' high ficus trees
forming a hedge along the western edge of the existing driving range without obtaining City authorization
of an approved landscape plan; and,
WHEREAS, VH Property Corp., submitted an application to the City of Rancho Palos Verdes
requesting approval of Revision "GG" to the Trump National Golf Club project to revise the conditions of
approval found within CUP No. 163, and to revise mitigation measures adopted in association with
certified Environmental Impact Report No. 36 (adopted for the Golf Course and Residential project) and
the certified Mitigated Negative Declaration (adopted for Revision W for the driving range), so as to allow
said ficus hedges to be planted on the subject property; and,
WHEREAS, a Notice of Public Hearing for the Revision"GG" request to be heard by the City
Council on October 2, 2007, was published in the Peninsula News on Saturday, September 15, 2007,
mailed to all property owners within a 500'radius of the subject site, mailed to all neighboring homeowner
associations, mailed to the Trump National interested parties list and posted on the City's listserver for the
Trump National project; and,
WEHREAS, On October 1, 2007, Staff received a request from the Applicant to continue the
Council's review of Revision "GG"to a December 2007 Council meeting. The request was due to the
Applicant's representative, Mr. Ed Russo, not being able to attend the October 2nd meeting due to a
recent heart attack and under a physicians order not to travel for at least 5 weeks. According to the
Applicant, this request would also allow Mr. Russo additional time to meet with the Residents and City
Staff; and,
WHEREAS, on October 2, 2007, after notice issued pursuant to the provisions of the
Development Code, the City Council held a public hearing to consider the applicant's request for Revision
"GG" to the Trump National Golf Club project, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, on October 2, 2007, after hearing public testimony and discussing the Applicant's
request, the Council continued the public hearing to December 4, 2007; 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), this project is Statutorily Exempt from
CEQA, per California Code of Regulation, Title 14, Section 15270, as CEQA does not apply to projects
which a public agency disapproves; and,
WHEREAS, on December 4, 2007, the City Council continued to hold a public hearing to consider
the applicant's request for Revision "GG" to the Trump National Golf Club project, at which time all
interested parties were given an opportunity to be heard and present evidence; and,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE,AND RESOLVE AS FOLLOWS:
Section 1: That the Applicant's original request for Revision GG included the following:
A. Allow a 5'-6' high ficus hedge along the entire western boundary of the project site(previously
planted)that will be maintained to no higher than the future 5'-6' high wall to be constructed
along the property line.
B. Allow a portion of the 5'-6' high ficus hedge noted above to grow and then be maintained to
the ridgeline height of the home owned by Ms. Jessica Leeds (located at 4048 Palos Verdes
Drive South), which is the most northerly lot within the Portuguese Bend Club. (Hedge would
vary in height at approximately 16'-20').
C. Allow a 12' high ficus hedge along the western edge of the driving range (previously planted).
Section 2: That after the October 2, 2007 Council meeting, and prior to the December 4, 2007
Council meeting, the Applicant revised the original request by deleting the request for items A and B
shown in Section 1 above, and thereby only requesting approval of the 12' high ficus hedge along the
western edge of the driving range (See C in Section 1 above).
Section 3: Pursuant to California Code of Regulations, Title 14, Section 15270, Revision GG is
Statutorily Exempt from CEQA because CEQA does not apply to projects which a public agency
disapproves.
Section 4: Pursuant to Section 17.60.050 of the Development Code, in denying the request for
Revision"GG"to CUP No. 163 the City Council finds that:
a. That the site is not adequate in size and shape to accommodate the proposed ficus hedge (use)
and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by
conditions imposed under this section to integrate said use with those on adjacent land and within the
neighborhood because the ficus hedge is not well integrated with uses on adjacent lands as it affects
views from adjacent residential properties in the Portuguese Bend Club and Seaview, as well as the
public rights of way of Palos Verdes Drive South and the north/south public trail located between the
driving range and the western property line.
Specifically, when the development of the Trump National Golf Course project (formally known as Ocean
Trails) was initially considered by the City Council in 1992 there was much effort to ensure that the
development of the project would be integrated with uses upon adjacent land and within the surrounding
neighborhoods to ensure that the project would not result in adverse impacts to views. At that time, in
making their decision, the Council reviewed the project in accordance with existing goals, policies and
guidelines within the "General Plan", "Coastal Specific Plan" and the "Coastal Development and Design
Guidelines for Subregions 1 and 7". The Council approved the project with many conditions and
mitigation measures that restrict building (residential and non-residential) heights as well as landscaping
to ensure that views are maintained over the project site. The proposed hedge is not well integrated into
the site because it is inconsistent with these conditions and mitigation measures that were designed to
integrate the entire project with uses on adjacent land and within the surrounding neighborhood. More
specifically, the proposed hedge is inconsistent with the following conditions and mitigation measures:
• CUP No. 163-K-2.b. Landscaping within the project area shall be planted in such a
manner so that views from adjacent properties and any public right-of-way are not
affected.
The proposed ficus hedge is inconsistent with this condition because the ficus hedge
affects ocean views from adjacent properties within the Portuguese Bend Club and
Seaview neighborhoods and the public right of way of Palos Verdes Drive South.
Furthermore, the proposed project creates a tunneling effect along the north/south public
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trail located between the driving range and the subject site's western property line
thereby affecting views of the ocean and Catalina Island.
• EIR NO. 36, Mitigation Measure No. 73. The project proponent shall not use view-
obstructing plant species.
The proposed ficus hedge is inconsistent with this mitigation measure because the ficus
hedge is a landscape species that is view obstructing.
• MND for Revision W, Mitigation Measure 10-Aesthetics A-1: Subject to review and
approval by the Director of Planning, Building and Code Enforcement, prior to issuance
of any grading permits, the applicant shall submit a landscape and irrigation plan that
identifies the type of vegetation proposed for the driving range and surrounding areas,
specifically including the southerly berm. The type of vegetation utilized shall be
consistent with the allowable vegetation permitted on the subject site, as defined in the
project's HCP, and shall not be of a type that would grow higher than the ridge elevation
of the southerly berm. Further, said vegetation shall be maintained to a height that will
not grow higher than the ridge elevation of the southerly berm.
The proposed ficus hedge is inconsistent with this mitigation measure because the ficus
hedge is vegetation located higher than the ridge elevation of the southerly berm and
thereby impairing views.
In addition to the conditions and mitigation measures that are associated with integrating the project with
neighboring properties in relation to view, to also ensure that the development of the entire project site is
well integrated into the existing site and adjacent lands related to the natural setting and landscape
species, additional conditions of approval and mitigation measures were adopted. The proposed ficus
hedge request is not integrated with uses on adjacent land or within the neighborhood because the
proposed ficus species is inconsistent with the following mitigation measures:
• EIR No. 36, Mitigation Measure No. 106. Native vegetation and drought tolerant species
shall be used by the project proponent, to the extent possible in common open space
and golf course.
The proposed ficus hedge is not a native species nor is it drought tolerant. While this
mitigation measure allows for some exception given the phrase "to the extent possible",
because a majority of the driving range is composed of a grass species that is also not
native and drought tolerant the ficus hedge presents an inconsistency with this mitigation
measure.
b. That in approving the ficus hedge at the specific location, there will be a significant adverse effect
on adjacent property because given the extent of care that has been given to ensure that the entire
project affect views as little as possible as discussed in 4a. above, the proposed ficus will affect views
significantly.
c. That the proposed ficus hedge is contrary to the General Plan because the proposed ficus hedge
will not be consistent with the goals of the General Plan. Specifically, a Goal of the General Plan (Page
176)states,
"Palos Verdes Peninsula is graced with views and vistas of the surrounding Los Angeles basin
and coastal region. Because of its unique geographic form and coastal resources, these views
and vistas are a significant resource to residents and too many visitors, as they provide a rare
means of experiencing the beauty of the peninsula and the Los Angeles region. It is the
responsibility of the City to preserve these views and vistas for the public benefit and, where
Resolution No. 2007-132
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appropriate, the City should strive to enhance and restore these resources, the visual character of
the City, and provide and maintain access for the benefit and enjoyment of the public.
The proposed hedge is inconsistent with this Goal because the hedge is not consistent with preserving,
enhancing or restoring visual resources for the benefit of the public. Specifically,when the Council
approved Revision W to accommodate the driving range,which removed 16 residential home sites and
enhanced the views over the site, this decision was consistent with the portion of the Goal that states, "....
It is the responsibility of the City to preserve these views and vistas for the public benefit and, where
appropriate, the City should strive to enhance and restore these resources..." Whereas the proposal to
install a hedge that causes further impairment of views than what was approved under Revision W is
contrary to this Goal.
d. That the proposed ficus hedge is located within the"Natural", "Socio/cultural", and "Urban
Appearance"overlay control districts established by Municipal Code Chapter 17.40, and the proposed
use is not consistent with all applicable requirements of that chapter because the project is not consistent
with Urban Appearance overlay control district and its performance criteria. Specifically, according to
Section 17.40.060, the"Urban Appearance"overlay control district was established to:
"...2. Preserve, protect and maintain significant views and vistas from major public view corridors
and public lands and waters within the city which characterize the city's appearance as defined in
the visual aspects portion of the general plan and the corridors element of the coastal specific
plan;
3. Ensure that site planning, grading and landscape techniques, as well as improvement
planning, design and construction will preserve, protect and enhance the visual character of the
city's predominant land forms, urban form, vegetation and other distinctive features, as identified
in the general plan and the coastal specific plan; and..."
Additionally, Chapter 17.40.060.0 indicates that the following performance criteria shall be used in
assessing any and all uses and developments:
"1. Result in the change in elevation of the land or construction of any improvement which would
block, alter or impair major views, vistas or viewsheds in existence from designated view
corridors, view sites or view points at the dates of adoption of the general plan and the coastal
specific plan in such a way as to materially and irrevocably alter the quality of the view as to arc
(horizontal and vertical), primary orientation or other characteristics;...
8. Result in changes in topography or the construction of improvements which would block, alter
or otherwise materially change significant views, vistas and viewshed areas available from major
private residential areas of the community which characterize the visual appearance, urban form
and economic value of these areas."
Due to the affect upon views as caused by the proposed project, the proposed ficus hedge is inconsistent
with the purpose and performance criteria of the"Urban Appearance"overlay control district.
e. The Applicant requested that the word "significantly" be inserted into conditions of
approval/mitigation measures that are applicable to foliage that is located on the golf course. The Council
expressly denied this request; accordingly, no conditions of approval or mitigation measures have been
amended.
Section 5: The ficus hedge located on the western edge of the driving range and the ficus
hedges located along the western border of the subject property shall be removed by 5:30pm on January
22, 2008.
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Section 6: 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 or any
other applicable short period of limitations.
Section 7: 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 denies Revision "GG", an
amendment to Conditional Use Permit No. 163, and requires the ficus hedges to be removed by 5:30
p.m. on January 22, 2008.
PASSED, APPROVED, and ADOPTED this 18th day of Decembe 007.
Mayor
Attest:
/.r
I / L.a,(..
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. 2007-132 was duly and regularly passed and adopted by the said City Council at a regular meeting
held on December 18, 2007.
/ „ail&
City Clerk
Resolution No. 2007-132
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