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CC RES 2012-037RESOLUTION NO. 2012-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A SUBSEQUENT MITIGATED NEGATIVE DECLARATION AND APPROVING REVISION "QQ" FOR A REVISION TO THE DRIVING RANGE LOCATED AT THE TRUMP NATIONAL GOLF COURSE. 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 (AEIR) 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, in connection with 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 an 83 lot Residential Planned Development, public open space, and an 18 hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal Subregions 7 and 8; and, WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92 -115 approving an Addendum to Environmental Impact Report No. 36, in connection with approving Revisions to the Ocean Trails project applications described above, in order to address concerns expressed by the California Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation; and, 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, in connection with re- approval of the Ocean Trails project applications described above, 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 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, in connection with approval of Revision "A" to the Ocean Trails project applications described above, in order to incorporate changes to the project made by the California Coastal Commission in April 1993, and (based on additional geologic information) relocate the golf course clubhouse, reduce the number of single family lots from 83 to 75 and approve a location for the golf course maintenance facility and on -site affordable housing units; and, WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96 -15 approving the fourth Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "B" to the Ocean Trails project applications described above, in order to incorporate changes to the project made by the California Coastal Commission in January 1995 regarding the relocation of the golf course clubhouse, Paseo Del Mar roadway and public trails to accommodate a reconfiguration of the public parking facilities, as well as additional modifications to the public trails in order to provide clarification or to be consistent with the California Coastal Commission's approval and to include an 8.5 acre vacant property owned by the Palos Verdes Peninsula Unified School District into the golf course. WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96 -72 approving the fifth Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "C" to the Ocean Trails project applications described above, in order to relocate two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C," revise the boundaries of open space Lots B, C, G and H, convert the split -level lots in Vesting Tentative Tract Map No. 50667 to single -level lots, revise the golf course layout, revise the public trail system, combine parallel trail easements, construct a paved fire access road west of the Ocean Terraces Condominiums and modify several amendments to the Conditions of Approval and Mitigation Measures to change the required timing for compliance; 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 111" 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 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. 35 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 Resolution No. 2012 -37 Page 2 of 11 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 21, 2001, the City Council of the City of Rancho Palos Verdes approved Revision "R" to the Ocean Trails project to revise 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 March 4, 2003, the City Council of the City of Rancho Palos Verdes approved Amendment No. 2 to the Ocean Trails Development Agreement to clarify that the City Council may extend any approved tentative tract not to exceed the term of the Development Agreement and extend Vesting Tentative Tract Map No. 50666; 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 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, Resolution No. 2012 -37 Page 3 of 11 WHEREAS, on November 20, 2007, the City Council of the City of Rancho Palos Verdes approved Amendment No. 3 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from November 20, 2007 through March 9, 2008; and, WHEREAS, on December 18, 2007, the City Council denied Revision "GG" to Conditional Use Permit No. 163, thereby denying a 12' high ficus hedge located at the western edge of the existing Driving Range; and, WHEREAS, on March 4, 2008, the City Council of the City of Rancho Palos Verdes approved Amendment No. 4 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from March 9, 2008 through July 18, 2008; and, WHEREAS, on July 15, 2008, the City Council of the City of Rancho Palos Verdes approved Amendment No. 5 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from July 18, 2008 through October 22, 2008; and, WHEREAS, on October 21, 2008, the City Council of the City of Rancho Palos Verdes approved Amendment No. 6 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from October 22, 2008 through January 22, 2008; 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, which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from January 22, 2009 through July 22, 2009, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through July 22, 2009; and, WHEREAS, on July 21, 2009, the City Council, via Minute Order, approved a two month extension (Revision "SS ") of the Development Agreement, Vesting Tentative Tract Map No. 50666 and 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, on September 15, 2009, the City Council of the City of Rancho Palos Verdes approved Revision "SS" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from September 16, 2009 through March 17, 2010, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through March 17, 2010; and, WHEREAS, on March 16, 2010, the City Council of the City of Rancho Palos Verdes approved Revision "UU" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from March 16, 2010 through September 21, 2010, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2010; and, WHEREAS, on September 21, 2010, the City Council of the City of Rancho Palos Verdes approved Revision "V V" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from September 21, 2010 through March 21, 2011, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through March 21, 2011; and, Resolution No. 2012 -37 Page 4 of 11 WHEREAS, on March 15, 2011, the City Council of the City of Rancho Palos Verdes approved Revision "W W" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No. 50666 from March 21, 2011 through September 21, 2011, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2011; and, WHEREAS, on July 19, 2011, the City Council denied Revision "TT" to Conditional Use Permit No. 163, thereby denying two proposed varying height ficus hedges located at the western edge of the existing Driving Range; and, WHEREAS, on January 31, 2012, the City Council adopted Addendum #1 to the Mitigated Negative Declaration for the Driving Range and approved Revision "ZZ" to the Trump National Golf Club project to revise the conditions of approval found within CUP No. 163, so as to allow one hedge row ranging in height from 6' -0" to 9' -8" and composed of the New Zealand Christmas Tree species to be planted on the western edge of the existing Driving Range; and, WHEREAS, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "QQ" to the Trump National Golf Club project to revise mitigation measures H- 1, H -21 B -2 and B -4, which were adopted within the certified Mitigated Negative Declaration for the Driving Range, so as to: replace the approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm with a fence, hedge or combination thereof (Mitigation Measure H- 1); remove the operational aspects governing the Driving Range (Mitigation Measure H -2); and to change the timing of the installation of 0.60 acres of Coastal Sage Scrub (Mitigation Measures B -2 and B-4); 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that, there is no substantial evidence that the approval of Revision "QQ" would result in a significant adverse effect on the environment. Accordingly, a Draft Subsequent Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and, WHEREAS, the Initial Study was prepared on March 26, 2012 and distributed for circulation and review from March 29, 2012 through April 27, 2012; and, WHEREAS, copies of the draft Subsequent Mitigated Negative Declaration were distributed to the City Council, and prior to taking action on the proposed Revision "QQ ", the City Council independently reviewed, considered the Subsequent Mitigated Negative Declaration /Initial Study and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines, with respect thereto; and, WHERAS, on March 29, 2012 a notice was duly published in the Peninsula News and mailed to property owners within a 500' radius of the Trump National Golf Club site identifying a public hearing to be held on May 1, 2012 by the City Council to consider proposed revisions to the Driving Range through Revision "QQ ". After the public notice was provided, on April 23, 2012, the City received a request from the Trump Organization requesting that the Public Hearing for Revision "QQ" be continued to a subsequent meeting due to a scheduling conflict with a key representative of the Trump Organization. As such, on May 1, 2012, the City Council continued the Public Hearing to their May 29, 2012 adjourned meeting; and, WHEREAS, after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines, the City Council of the City of Rancho Palos Verdes held a public hearing on May 29, 2012, 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: The Applicant's request for Revision "QQ" includes a request to revise mitigation measures Resolution No. 2012 -37 Page 5 of 11 H -1, H -21 B -2 and B -4, which were adopted within the certified Mitigated Negative Declaration for the Driving Range, so as to: replace the approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm with a fence, hedge or combination thereof (Mitigation Measure H- 1); remove the operational aspects governing the Driving Range (Mitigation Measure H -2); and to change the timing of the installation of 0.60 acres of Coastal Sage Scrub (Mitigation Measures B -2 and B-4). Specifically, the changes proposed to the existing Mitigation Measures are as follows: B -2: Subject to review and approval by the Director of Planning, Building and Code Enforcement, CDFG and USFWS, and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM) 50666, CSS habitat will be revegetated (0.60 acres). Revegetated habitat should be suitable for forage, cover and nesting by coastal California gnatcatchers. Monitoring and Reporting Action Milestone Revegetate habitat prior to issuance of building permits for any homes in VTTM50666 B -4: Prior to issuance of any building permits for residences within Vesting Tentative Tract Map .No. 50666, tThe Forrestal Canyon Preserve shall be increased by 0.60 acres. Planting, maintenance and monitoring of new habitat plantings per mitigation measure B -2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program /Reporting. Monitoring and Reporting Action Milestone Prior to issuance of GeFtiftateGf OGGUIDaRGY buildina permits for anv homes in VTTM50666 H -1: The driving range shall be developed with safety features as proposed in the rpolann.. identified as the "Gruean a" dnte -.7 ��W I W_ _�W� :200 subject to review and approval by the Director of Planning, Building and Code Enforcement, that include a 12' high fence and /or landscape hedge and /or combination thereof, to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range, and a 6' high decorative fence shall be installed along the southerly portion of the western boundary of the driving range, located between the edge of the driving range and the pedestrian /bicycle trails. If a landscape hedge is used in lieu of or in combination with a fence, then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density. Further, any landscape hedge, fencing or combination thereof shall be in compliant with existing Mitigation Measure A -1 that ensures that the proposed hedge, fence or combination thereof will, not, be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm. Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis, review and approval in compliance with the California Environmental Quality Act. Monitoring and Reporting Action Milestone Prior to issuance of Certificate of Occupancy H -2: The proposed use of the driving range shall comply with the following: • Golfers will hit primarily from east to west, while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. Son } inn „C„ will be used fnr shntS tFaYelinn nver 216 yards lee Gvhihi♦ it to 11 u n n Rd • An on -site Golf PFGfeSSienal Staff Member will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that shots do not go beyond the westerly tee areas or over the proposed westerly hedge ...- Vr�. U�.. � • When lessons are being taught at the eastern edge of the driving range, the on -site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Monitoring and Reporting Action Milestone On -going during use of driving range Resolution No. 2012 -37 Page 6 of 11 Section 2: As required by Section 15162(b) of the California Environmental Quality Act (CEQA), while there are no significant impacts associated with the proposed revisions that cannot be mitigated, since there are proposed revisions to the previously certified Mitigated Negative Declaration (MND) for the Driving Range (Revision "W'), namely proposed revisions to the four mitigation measures as discussed in Section 1 above, those revisions warrant public review and as such a Subsequent MND (SMND) is the most appropriate way to document said changes and allow for public input consistent with CEQA policies. Section 3: As required by CEQA, the Initial Study and notice of the proposed SMND were released for public comment for a period of 30 days (from March 29, 2012 through April 27, 2012). The Initial Study that was released for public review included the "Draft" revised Mitigation Measures as originally requested by the Applicant. However, during the public comment period, the City received a request from the Applicant to revise Mitigation Measure H -1 -to allow the possibility of having a landscape hedge be installed in conjunction with or in lieu of a fence parallel to and on the ocean side of the southerly berm as the Applicant felt that a landscape hedge may be more aesthetically pleasing. The table below describes Mitigation Measure H -1 as it was included in the Initial Study that was released for public review, and the proposed revision requested by the Applicant ( and underline text represent changes to the original 2005 Revision "W" mitigation measure). . -- - - .. _ _ a Pr�� R 1QC uM be .......... . .... .. H -1: The driving range shall be developed with safety features "GG 28069subject to review and approval by the Director of Planning, Building and Code Enforcement, that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range, and a 6' high decorative fence shall be installed along the southerly portion of the western boundary of the driving range, located between the edge of the driving range and the pedestrian /bicycle trails, both in an area and design as described in the review letter by Kip Schulties Golf Design, Inc., dated March 24, 2012. . Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis, review and approval in compliance with the California Environmental Quality Act. ........... .. .. .......... . ................................. ...... ........... . ..... ................. ............. Revision ue.s U aJ ib . b tb`rdr r anat�n ::::: ....:.:.:.. : P H -1: The driving range shall be developed with safety features as pFepesed in the pla.n. identified as the " GG 200 subject to review and approval by the Director of Planning, Building and Code Enforcement, that include a 12' high fence and /or landscape hedge and /or combination thereof, to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range, and a 6' high decorative fence shall be installed along the southerly portion of the western boundary of the driving range, located between the edge of the driving range and the pedestrian /bicycle hnth on trails, If a landscape hedge is used in lieu of or in combination with a fence, then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density. Further, any landscape hedge, fencing or combination thereof shall be in compliant with existing Mitigate Measure A -1 that ensures that the proposed hedge, fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm. Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis, review and approval in compliance with the California Environmental Quality Act. CEQA sections 15073.5 and 15074.1 allow the substitution of mitigation measures in a proposed MND [or in this case Subsequent MND (SMND)] without re- circulating the SMND if the mitigation measures are replaced with equal or more effective measures and the change will not cause any potential significant effect on the Resolution No. 2012 -37 Page 7 of 11 environment. The City's Golf Safety Consultant for this project confirmed that provided a substituted hedge is of sufficient density upon planting and maintained as such, it would be equivalent to the original 2005 Revision "W' mitigation that required a 6' high retaining wall with 6' high fence atop and consistent with the "Draft" mitigation measure that was initially released with the Initial Study for public review. To ensure that if not planted to sufficient density to keep a golf ball from reaching the trail, the mitigation measure has been revised to have the Applicant provide an alternative such as adding mesh fencing to the hedge until the density is achieved. Additionally, to ensure that a proposed hedge does not hinder views, the mitigation measure has been revised to ensure that the hedge, fence or combination thereof would not be higher than the southerly berm. Therefore, since the revised mitigation measure recently proposed by the Applicant is equivalent in mitigating or avoiding potential significant effects and that in itself will not cause any potentially significant effect on the environment, the proposed change meets the requirements of CEQA for not requiring re- circulation of the SMND. Section 4: Pursuant to Section 15162 of the State CEQA Guidelines, approval of the Subsequent Mitigated Negative Declaration, rather than the preparation of a subsequent or supplemental EIR, or a new Mitigated Negative Declaration, is appropriate for the consideration of the proposed revision to the Trump National Golf Club, based on the following findings: 1. That subsequent changes proposed to the project do not require important revisions to the previous EIR for the entire Trump National project, or the Mitigated Negative Declaration for the Driving Range, since there are no new significant environmental impacts that have been identified, which were not considered in the previous EIR or Mitigated Negative Declaration. This is evident in the relatively minor changes to the mitigation measures of the prior Mitigated Negative Declaration. Specifically, in regards to the proposed change to Mitigation Measures B -2 and B -4, which in the previously certified MND for Revision "W' for the Driving Range required a total of 0.60 acres of coastal sage scrub to be planted prior to issuance of certificate of occupancy for the Driving Range, the proposed revision to Mitigation Measures B -2 and B -4 is simply to change their respective Monitoring and Reporting Action Milestones so that the required habitat is planted "Prior to issuance of the first building permit for a home within Vesting Tentative Tract Map No. 50666" as opposed to "Prior to Certificate of Occupancy" of the Driving Range. The purpose of this request is due to the proposed habitat being planted along the ocean side of the southerly berm of the Driving Range and conflicting with future infrastructure improvements. More specifically, infrastructure (storm drain and sewer lines) serving the future 12 homes located between the Driving Range and Palos Verdes Drive South will run beneath the Driving Range and through the southerly berm to connect to existing infrastructure on the southerly side of the Driving Range. The installation of said infrastructure is directly related to the construction of the future homes. If habitat were planted before the infrastructure was to be installed then it would have to be partially removed when the infrastructure is eventually installed for the homes. So as not to disrupt the newly planted habitat, it makes more sense to tie the installation of the habitat with the future homes than the construction of the Driving Range. Further, since the 2005 approval of Revision "W' for the Driving Range was an amendment to Vesting Tentative Tract Map No. 50666, which also included the revision to home sites, the nexus of applying this mitigation measure to the residential development of the tract is sound. Additionally, in regards to the proposed change to Mitigation Measures H -1 and H -2, the change to Mitigation Measure H -1 is simply to provide for an alternative type of fencing that would exclude the Applicant from having to build a 6' high retaining wall, while still ensuring that the same safety protections are given to neighboring uses. Further, in regards to Mitigation Measure H -2, since upon visiting the site after the Driving Range has been in operation, and considering that there have been more than 9,600 users of the Driving Range without incident, the Golf Safety Consultant has confirmed that this mitigation measures may be adjusted and there will still not be a potentially significant adverse hazard impact to public safety. 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 or Mitigated Negative Declaration for Revision "W', since, as noted in #1 above, there are no new Resolution No. 2012 -37 Page 8 of 11 significant environmental impacts that were not considered in the previous EIR, Mitigated Negative Declaration for Revision "W', Supplements and previous Addenda thereto. 3. That there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR or Mitigated Negative Declaration; that significant effects previously examined will not be substantially more severe than shown in the EIR or Mitigated Negative Declaration; 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 or Mitigated Negative Declaration, would now substantially lessen one or more significant effects of the environment. Section 5: In approving the Subsequent Mitigated Negative Declaration, the City Council has reviewed and considered the Subsequent Mitigated Negative Declaration document/Initial Study. Section 6: The Subsequent MND to the Driving Range MND identifies no new potential significant adverse environmental impacts to the areas listed below, beyond those already identified in the adopted Driving Range MND, Addendum #1 to the Driving Range MND, or the overall project's Final EIR No. 36, the Supplement, Second Supplement, and Addenda Nos. 1, 2131 41 51 61 71 87 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 to EIR No. 36, as a result of the proposed revisions to the Trump National project: 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning 7. Circulation and Traffic 8. Air Resources 9. Noise 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts Section 7: That implementation of the proposed changes to the project would not require additional mitigation measures or significant deletions /modifications to the mitigation measures included in the adopted Driving Range MND, Addendum #1 to the Driving Range MND, or the overall project's Final EIR, as well as the Supplemental, Second Supplemental, and Addends Nos. 1, 213,415, 61718, 9, 10, 11, 12, 13, 14, 15, 16, 171 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 377 38, 39, 40, 41, 42, 43 and 44 to EIR No. 36. Section 8: While the implementation of mitigation measures as discussed in the adopted Driving Range MND, Addendum #1 to the Driving Range MND, and Final EIR No. 36 and the Supplemental, and the Second Supplemental, and Addenda EIR Nos. 1, 2,314,5167 718,97 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 217 227 231 247 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 357 36, 37, 38, 39, 40, 41, 42, 43 and 44 to EIR 36 will further reduce these impacts, it is not possible to entirely eliminate cumulative impacts to the areas of concern listed in EIR No. 36, above. Therefore, the Findings and Statement of Overriding Considerations, as provided in Final EIR No. 36, are hereby incorporated by reference. Section 9: All findings, attachments and Statement of Overriding Considerations contained in Resolution Nos. 92 -53, 92 -115, 93 -89, 94 -71, 96 -15, and 2006 -62, as adopted by the City Council on June 1, 1992, December 7, 1992, October 5, 1993, September 6, 1994, March 11, 1996, September 3, 1996, and June 7, 2005 respectively, are hereby incorporated by reference. Resolution No. 2012 -37 Page 9 of 11 Section 10: Since the only affect to the 2005 Driving Range project (Revision "W') is upon the mitigation measures, B -2, B -41 H -1 and H -2 as described in Section 1 above, all other mitigation measures within the prior certified MND, which are not being revised through this Subsequent MND are sufficient for the Driving Range and remain applicable to the revised project. Further, the Mitigation Monitoring Programs contained in Resolution No. 96 -72, Resolution No. 2000 -38 and Resolution No. 2000 -58, as adopted by the City Council on September 3, 1996, June 21, 2000 and September 5, 2000 respectively, have not been revised by this Subsequent Mitigated Negative Declaration and Mitigated Monitoring Program, and thereby in addition to the Mitigation Monitoring Program found in Exhibit A, remain as the Mitigation Monitoring Programs in effect. Section 11: While the proposed project is only to change Mitigation Measures B -2, B-41 H -1 and H -2, and does not involve any changes to existing conditions of approval found in the approved Conditional Use Permit No. 162, Conditional Use Permit No. 163, Vesting Tentative Tract Map No. 50666, and Grading Permit No. 1541, all of which were revised when the City Council approved Revision "W', since the proposed project would result in a change to the project adopted through Revision "W', the City Council hereby finds that the proposed revisions are relatively minor, will not cause any grading at the site, the design of Tract 50666 will not be altered by the minor revisions to the mitigation measures, and these minor revisions, as mitigated, will not alter the effect of the project on surrounding properties. Therefore, the findings for the previously approved entitlements through Revision "W' can still be adopted as follows: Conditional Use Permit Nos. 162 and 163: 1. That the site is adequate in size and shape to accommodate the proposed 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; 2. That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use; 3. That, in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof; 4. That the proposed use is not contrary to the general plan; 5. That, if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with all applicable requirements of that chapter; and 6. That conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed: a. Setbacks and buffers; b. Fences or walls; c. Lighting; d. Vehicular ingress and egress; e. Noise, vibration, odors and similar emissions; f. Landscaping; g. Maintenance of structures, grounds or signs; h. Service roads or alleys; and i. Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. Vesting Tentative Tract Map 50666: (a) That the proposed map, and the design or improvement of the proposed subdivision, is consistent with applicable general and specific plans; and (b) That the site is physically suitable for the type and density of development; and (c) That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and (d) That the design of the subdivision or type of improvements will not cause serious public health problems; and (e) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Grading Permit 1541: E.1. The grading does not exceed that which is necessary for the permitted primary use of the Resolution No. 2012 -37 Page 10 of 11 lot, as defined in Chapter 17.96 of this title. E.2. The grading and /or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties. E.3. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. E.4. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man -made or manufactured slope into the natural topography. E.S. For new single - family residences, the grading and /or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17.02. E.6. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. E.7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. E.B. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. E.9. The grading conforms to the standards of Section 17.76.040(E)(9). Section 12: 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 13: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby certifies a Subsequent Mitigated Negative Declaration in association with Revision "QQ ", based on the City Council's determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local guidelines with respect thereto. PASSED, APPROVED, and ADOPTED this 29th day of May 20 Ma or 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. 2012 -37 was duly and regularly passed and adopted by the said City Council at a regular meeting held on May 29, 2012. City clerk Resolution No. 2012 -37 Page 11 of 11 Exhibit A Mitigation Monitoring Program Project: Revision "QQ" to the Trump National Golf Club for revision to an existing Driving Range. Location: Trump National Golf Club, Rancho Palos Verdes, CA 90275 Applicant/: V.H. Property Corp. Landowner TABLE OF CONTENTS . Introduction ........................................................................................................ ............................... 2 II. Management of the Mitigation Monitoring Program ............................................. ..............................3 Rolesand Responsibilities .................................................................................. ..............................3 Mitigation and Monitoring Program Prooedures ................................................... ..............................3 Mitigation Monitoring Operations ......................................................................... ..............................3 III. Mitigation Monitoring Program Checklist ............................................................. ..............................5 IV. Mitigation Monitoring Summary Table ................................................................ ............................... 6 Mitigation Monitoring Program Resolution No. 2012 -37 Exhibit A Page 1 of 7 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), which is to allow Revision "QQ ", permitting a revision to an existing Driving Range at the Trump National Golf Club, in the City of Rancho Palos Verdes, responds to Section 21081.6 of the Public Resources Code. Section 21081.6, which requires a lead or responsible agency that approves or carries out a project where a Mitigated Negative Declaration (or in this case a Subsequent Mitigated Negative Declaration) has identified significant environmental effects, to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the project. An Initial Study and Subsequent Mitigated Negative Declaration were prepared to address the potential environmental impacts of the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Subsequent Mitigated Negative Declaration. ENVIRONMENTAL PROCEDURES This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMF complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA. MITIGATION MONITORING PROGRAM REQUIREMENTS Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program." Mitigation Monitoring Program Resolution No. 2012 -37 Exhibit A Page 2 of 7 II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design, pre - grading, construction, and operation. The Citywill have the primary enforcement role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of verification of compliance; the timing of verification; the department or agency responsible for implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP. The files shall be established, organized, and retained by the City of Rancho Palos Verdes department of Planning, Building, and Code nforcement. tom pl iance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure: 1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures. 2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. Mitigation Monitoring Program Resolution No. 2012 -37 Exhibit A Page 3 of 7 3. The party responsible for monitoring shall then verify compliance and sign the Monitoring Milestone column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are refined, the Director of Planning, Building, and Code Enforcement would document the change and shall notify the appropriate design, construction, or operations personnel about refined requirements. Mitigation Monitoring Program Resolution No. 2012 -37 Exhibit A Page 4 of 7 III. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho Palos Verdes on May 29, 2012. Mitigation measures are listed in the order in which they appear inthe Initial Study. It should be noted that this MMP represents revisions to the mitigation measures adopted by the City Council on June 7, 2005 through Resolution No. 2005 -62. All mitigation measures identified in Resolution No. 2005 -62 that are not being revised through this MMP shall remain in effect. Monitoring and Reporting Actionindicates when the measure should be monitored and reported. Party Responsible for Mitigation indicates who is responsible for implementation. Enforcement Agency/ MonitoringAgency /MonitoringMilestone indicates what agency is responsible for enforcing the measure, and provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these mitigation measures. Mitigation Measures Monitoring and Reporting Action Party Responsible for Mitigation Enforcement Agency/ Monitoring Agency/ Monitoring Milestone 6. Biological Resources Re- vegetate habitat prior to i V.H. Property City PBCE /CDFG /USFW issuance of building permits for Corp. /Project Biologist B -2: Subject to review and approval by the Director of any homes in VTTM50666 Planning, Building and Code Enforcement, CDFG and USFWS, and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM) 50666, CSS habitat will be revegetated (0.60 acres). Revegetated habitat should be suitable for forage, cover and nesting by coastal California natcatchers. Mitigation Monitoring Program Resolution No. 2012 -37 Exhibit A Page 5 of 7 Mitigation Measures Monitoring and Reporting Party Enforcement Agency/ Action Responsible Monitoring Agency/ for Mitigation Monitoring Milestone B -4: Prior to issuance of any building permits for Re- vegetate habitat prior to i V.H. Property City PBCE residences within Vesting Tentative Tract Map No. issuance of building permits for Corp. /Project Biologist 50666, the Forrestal Canyon Preserve shall be any homes in VTTM50666 increased by 0.60 acres. Planting, maintenance and monitoring of new habitat plantings per mitigation measure B -2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program /Reporting. 1. Hazards H -1: The driving range shall be developed with safety Prior to issuance of Certificate V.H. Property Corp. City PBCE features subject to review and approval by the of Occupancy Director of Planning, Building and Code Enforcement, that include a 12' high fence and /or landscape hedge and /or combination thereof, to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range, and a 6' high decorative fence shall be installed along the southerly portion of the western boundary of the driving range, located between the edge of the driving range and the pedestrian /bicycle trails. If a landscape hedge is used in lieu of or in combination with a fence, then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density. Further, any landscape hedge, fencing or combination thereof shall be in compliant with existing Mitigation Measure A -1 that ensures that the proposed hedge, fence or Mitigation Monitoring Program Resolution No. 2012 -37 Exhibit A Page 6 of 7 Mitigation Measures Monitoring and Reporting Action Party Responsible for Mitigation Enforcement Agency/ Monitoring Agency/ Monitoring Milestone combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm. Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis, review and approval in compliance with the California Environmental Quality Act. H -2: The proposed use of the driving range shall 4n -going during use of driving V.H. Property Corp. City PBCE comply with the following: range • Golfers will hit primarily from east to west, while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. • An on -site Golf Staff Member will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that shots do not go beyond the westerly tee areas or over the proposed westerly hedge. • When lessons are being taught at the eastern edge of the driving range, the on -site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Mitigation Monitoring Program Resolution No. 2012 -37 Exhibit A Page 7 of 7