CC RES 2006-056RESOLUTION NO. 2006-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING REVISIONS TO GRADING PERMIT NO. 1541 IN
CONJUNCTION WITH REVISION "AA" TO THE TRUMP NATIONAL GOLF CLUB
LOCATED IN COASTAL SUBREGIONS 7 AND 8.
WHEREAS, an application package was filed by the Zuckerman Building Company and
Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting
tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the
construction of a Residential Planned Development of 120 single family dwelling units and for
development of an 18 -hole golf course, a clubhouse and parking facilities on a 258 acre site
bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community
Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on
the east; and,
WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45
days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy
of the document from responsible agencies and the public; and,
WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and
preparation of written responses, the applicant revised the scope of the project and reduced the
number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666
and 43 in Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities
within the boundaries of both Vesting Tentative Tract Maps, and, due to the changes in the project,
an Addendum to the Draft Environmental Impact Report (ADEIR) was prepared; and,
WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report,
the City determined that the information submitted in the AEIR cited potential additional significant
environmental impacts that would be caused by the revised project, and directed preparation of a
Supplemental Environmental Impact Report (SEIR). The SEIR, which incorporates information and
findings set forth in the Addendum to the Draft Environmental Impact Report, was prepared and
circulated 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 -1179 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 -739 94 -74, 94 -759 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
Resolution No. 2006 -56
Page 2 of 9
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 -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,
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.
Resolution No. 2006 -56
Page 3 of 9
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,
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,
Resolution No. 2006 -56
Page 4 of 9
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, VH Property Corp., submitted an application to the City of Rancho Palos Verdes
requesting approval of Revision "AA" to the Trump National Golf Club project 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,
Resolution No. 2006 -56
Page 5 of 9
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 July 13, 2006, copies
of the draft Addendum No. 22 to Environmental Impact Report No. 36 were distributed to the City
Council and prior to taking action on the proposed Revision "AK to the Trump National Golf Club
project, the City Council independently reviewed and considered the information and findings
contained in Addendum No. 22 to EIR No. 36; and,
WHEREAS, on July 18, 2006, after notice issued pursuant to the provisions of the
Development Code, the City Council held a public hearing to consider draft Addendum No. 22 to
Environmental Impact Report No. 36 and the applicant's request for Revision "AA" 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 PALOSVERDES
DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: This request is to permit a 3 -month extension of the temporary opening of the
golf course and driving range.
The following conditions of approval of Grading Permit No. 1541 are hereby revised as
follows (cfrokathmi text for text removed, bold and underline text for text added):
E -1. Revision'_, as approved by the City Council on July 18
2006,, permits a temporary opening of the golf course and driving range for a maximum
3 -month period, which shall begin on July 21,
2006 and end on October 21, 2006.
W 181%.F184611
�man�rrenf fn the rrr,ionf
E -2. By August 1, 2006, the Applicant's Geologist shall perform a
reconnaissance of the site with emphasis on bluff top areas and canyon side slopes.
Any adverse geologic conditions (ground fissures, spalling, raveling) that could affect
public safety shall be documented and appropriate recommendations shall be provided.
The Applicant's Geologist shall review the condition of all retaining walls on site, and
indicate whether they present a risk to public safety. If areas are identified that are not
considered suitable for public access, or if an evaluation of current safety cannot be
made, recommendations shall be provided by the Applicant's Geologist for setback
requirements or other measures until an evaluation can be completed.
E -3. The Applicant may open the golf course to the public for a temporary 3 -month
period from July 20, 2006 to October 20, 2006. 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
Resolution No. 2006 -56
Page 6 of 9
traverse the site without entering into these hazardous secured areas. During the
temporary operation of the golf course, 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 of the Golf Course 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 of the Golf Course may have an adverse affect on the public health, safety and
welfare.
E -4. In regards to inclinometer SI -5A the Applicant's geologist shall conduct additional
readings at intervals not exceeding four 4e weeks throughout the 3 -month
temporary period of operation. The Applicant's Geologist shall notify the City
immediately upon detection of significant offset or acceleration of movement and make
appropriate recommendations for assuring pedestrian safety. Within one week of field
readings, the Applicant's Geologist shall prepare a letter report indicating the results of
the readings and provide plots of cumulative displacement, and incremental
displacement of the zone at 120 feet. Field data shall be submitted on disk to the City's
Geologist along with the letter report, with copy sent to the Director of Planning, Building
and Code Enforcement.
E -5 Prior to October 20. 2006. all of the outstanding items necessary to obtain
approval by the City's Geologist of the Final As -built Report for the Golf Course
shall be completed. Except for the showing of _good cause subiect to the
satisfaction of the City Council, no additional temporary openings of the golf
course shall be permitted after October 20, 2006.
E -6 Subiect to review and aaaroval by the Director of Plannina. Buildina and
Code Enforcement, the shrubs adjacent to the back tees of Hole #2 and the shrubs
located at the top of slope between Palos Verdes Drive South and Lot #1 of Tract
No. 50667 shall be removed prior to October 20, 2006. Except for the showing of
good cause subiect to the satisfaction of the City Council, no additional temporary
openings of the golf course shall be permitted after October 20, 2006.
E -7 Subiect to review and approval by the Director of Plannina. Buildina and
Code Enforcement, all permanent signs per the approved Sign Program that are
related to the opening of the 18 -hole golf course, which includes those signs
related to parks and trails necessary to be open prior to the permanent opening of
the 18 -hole golf course, shall be installed prior to October 20, 2006. Except for the
showing of good cause subject to the satisfaction of the City Council, no
additional temporary openings of the golf course shall be permitted after October
Resolution No. 2006 -56
Page 7of9
1�1&11111q
1111
NOM NA M a
ON
III OF
0
..... _.... . .._...
1#9TW
._ ..
ON
....
_ _ .... _.. T%Jnrlai
, Ili!
0,
.. .. _ . . - . - - - -
WTV
- . V.
. ..
jlljilil
_ •
- .
-- - • - - . - -
- . .
- - - - - -- - - - MMII
E -5 Prior to October 20. 2006. all of the outstanding items necessary to obtain
approval by the City's Geologist of the Final As -built Report for the Golf Course
shall be completed. Except for the showing of _good cause subiect to the
satisfaction of the City Council, no additional temporary openings of the golf
course shall be permitted after October 20, 2006.
E -6 Subiect to review and aaaroval by the Director of Plannina. Buildina and
Code Enforcement, the shrubs adjacent to the back tees of Hole #2 and the shrubs
located at the top of slope between Palos Verdes Drive South and Lot #1 of Tract
No. 50667 shall be removed prior to October 20, 2006. Except for the showing of
good cause subiect to the satisfaction of the City Council, no additional temporary
openings of the golf course shall be permitted after October 20, 2006.
E -7 Subiect to review and approval by the Director of Plannina. Buildina and
Code Enforcement, all permanent signs per the approved Sign Program that are
related to the opening of the 18 -hole golf course, which includes those signs
related to parks and trails necessary to be open prior to the permanent opening of
the 18 -hole golf course, shall be installed prior to October 20, 2006. Except for the
showing of good cause subject to the satisfaction of the City Council, no
additional temporary openings of the golf course shall be permitted after October
Resolution No. 2006 -56
Page 7of9
20, 2006.
Section 2: Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval
of Addendum No. 22 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 golf
course and 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
"AA" to Grading Permit No. 1541 for a temporary 3 -month opening of the public golf course and
driving range, the City Council finds as follows:
A. The proposed project does not exceed that which is necessary for the permitted primary use
of the lot, as defined in Chapter 17.96 of this title as it would permit the temporary opening of
the golf course and 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.
Resolution No. 2006 -56
Page 8 of 9
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 "AA" to Grading Permit No. 1541, which is necessary to protect the public health, safety
and general welfare. All other conditions of approval that have been imposed on this project shall
remain in effect and are incorporated herein.
Attest:
PASSED, APPROVED, and ADOPTED this 18th day of July 2006.
L .. - ...
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES)
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2006 -56 was duly and regularly passed and adopted by the said City Council at a
regular meeting held on July 18, 2006.
kk, 966,- W�l
Resolution No. 2006 -56
Page 9 of 9
RESOLUTION NO. 2006-56 EXHIBIT "A"
GRADING PERMIT NO. 1541 — REVISION "AA"
CONDITIONS OF APPROVAL
A. GENERAL
1. Within thirty (30) days of approval of Revision "AA" 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.
Resolution No. 2006 -56
Exhibit A
Page 1 of 7
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
Resolution No. 2006 -56
Exhibit A
Page 2 of 7
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;
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;
Resolution No. 2006 -56
Exhibit A
Page 3of7
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 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, lam to 7pm and Saturday, lam 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 lam.
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.
Resolution No. 2006 -56
Exhibit A
Page 4 of 7
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.
GRADING /CONSTRUCTION ACTIVITY FOR REVISION "W" ONLY
(FOLLOWING CONDITIONS D -5 THROUGH D -12):
1
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.
Resolution No. 2006 -56
Exhibit A
Page 5of7
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 GOLF COURSE AND DRIVING RANGE FOR
A 3 -MONTH PERIOD FOR REVISION "AA" ONLY
1. Revision "AA ", as approved by the City Council on July 18, 2006, permits a
temporary opening of the golf course and driving range for a maximum 3 -month
period, which shall begin on July 21, 2006 and end on October 21, 2006.
2. By August 1, 2006, the Applicant's Geologist shall perform a reconnaissance of
the site with emphasis on bluff top areas and canyon side slopes. Any adverse
geologic conditions (ground fissures, spalling, raveling) that could affect public
safety shall be documented and appropriate recommendations shall be provided.
The Applicant's Geologist shall review the condition of all retaining walls on site,
and indicate whether they present a risk to public safety. If areas are identified
that are not considered suitable for public access, or if an evaluation of current
safety cannot be made, recommendations shall be provided by the Applicant's
Geologist for setback requirements or other measures until an evaluation can be
completed.
3. The Applicant may open the golf course to the public for a temporary 3 -month
period from July 20, 2006 to October 20, 2006. 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
Resolution No. 2006 -56
Exhibit A
Page 6 of 7
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 of the golf course, 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 of the Golf Course 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 of the Golf Course may
have an adverse affect on the public health, safety and welfare.
4. In regards to inclinometer SI -5A the Applicant's geologist shall conduct additional
readings at intervals not exceeding four (4) weeks throughout the 3 -month
temporary period of operation. The Applicant's Geologist shall notify the City
immediately upon detection of significant offset or acceleration of movement and
make appropriate recommendations for assuring pedestrian safety. Within one
week of field readings, the Applicant's Geologist shall prepare a letter report
indicating the results of the readings and provide plots of cumulative
displacement, and incremental displacement of the zone at 120 feet. Field data
shall be submitted on disk to the City's Geologist along with the letter report, with
copy sent to the Director of Planning, Building and Code Enforcement.
5 Prior to October 20, 2006, all of the outstanding items necessary to obtain
approval by the City's Geologist of the Final As -built Report for the Golf Course
shall be completed. Except for the showing of good cause subject to the
satisfaction of the City Council, no additional temporary openings of the golf
course shall be permitted after October 20, 2006.
6 Subject to review and approval by the Director of Planning, Building and Code
Enforcement, the shrubs adjacent to the back tees of Hole #2 and the shrubs
located at the top of slope between Palos Verdes Drive South and Lot #1 of Tract
No. 50667 shall be removed prior to October 20, 2006. Except for the showing of
good cause subject to the satisfaction of the City Council, no additional
temporary openings of the golf course shall be permitted after October 20, 2006.
7 Subject to review and approval by the Director of Planning, Building and Code
Enforcement, all permanent signs per the approved Sign Program that are
related to the opening of the 18 -hole golf course, which includes those signs
related to parks and trails necessary to be open prior to the permanent opening
of the 18 -hole golf course, shall be installed prior to October 20, 2006. Except for
the showing of good cause subject to the satisfaction of the City Council, no
additional temporary openings of the golf course shall be permitted after October
20, 2006.
Resolution No. 2006 -56
Exhibit A
Page 7of7