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CC RES 2005-062RESOLUTION NO. 2005 -62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION IN CONNECTION WITH REVISION "W" TO THE TRUMP NATIONAL GOLF CLUB (FORMALLY KNOWN AS OCEAN TRAILS) FOR A 59 LOT RESIDENTIAL PLANNED DEVELOPMENT, PUBLIC OPEN SPACE, AND 18 -HOLE PUBLIC GOLF COURSE WITH RELATED FACILITIES LOCATED IN COASTAL SUBREGIONS 7 AND 8. W HEREAS, 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, 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 W HEREAS, 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 Resolution No. 2005 -62 Page 2 of 6 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, 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 M" 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 August 19, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "T" to the Ocean Trails Project, thereby approving an amendment to allow an expansion to the Clubhouse Building; and, WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse Building; and, WHEREAS, on April 20, 2004, the City Council of the City of Rancho Palos Verdes approved Revision "V" to the Ocean Trails Project, thereby allowing 1) basement areas of one -story structures to be excluded Resolution No. 2005 -62 Page 3of6 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 September 24, 20049 VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "W" to the Ocean Trails project to revise the 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, 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 "W" would result in a significant adverse effect on the environment. Accordingly, a Draft 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 May 5, 2005 and distributed for circulation and review from May 5, 2005 through June 3, 2005; and, WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to the City Council, and prior to taking action on the proposed Revision "W ", the City Council independently reviewed, considered and adopted the Mitigated Negative Declaration and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines, with respect thereto; 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 June 7, 2005, 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 proposed physical changes to the project, which includes the following: 1) a proposed new driving range; 2) a reduction of 16 residential lots in VTTM No. 50666; 3) adjustment to various lot lines within VTTM 50666; 4) the slight re- location of previously approved public trails; 5) a Driving Range Use Program; 6) approximately 180,000 cubic yards of grading (90,000 cubic yards of cut and 90,000 cubic yards of fill); 7) area drainage; 8) new walls and fences; 9) changes to existing open space lot areas; 10) permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub habitat; 11) a total of 0.60 acres of additional coastal sage scrub planted and added to the adjacent Forrestal Canyon Preserve; and 12) a reduction in required setbacks for two lots, will all be located in areas of the subject property which were previously identified as part of the developed portion of the project. Therefore, pursuant to Section 15162 of the State CEQA Guidelines, approval of the Mitigated Negative Declaration, rather than the preparation of a subsequent or supplemental EIR, 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, since there are no new significant environmental impacts that have been identified, which were not considered in the previous EIR. This is evident through the visual /view analysis, which-shows that there will be no additional impacts to views /visual characteristics and the safety analysis, which shows that the project as mitigated, will not cause significant hazards to pedestrians and neighboring land uses. Additionally, since there is no significant loss of habitat from this project revision as mitigated to add additional habitat to compensate for habitat being removed, the revision is within the scope of the approved Habitat Conservation Plan (HCP), is exempt from the 4d- permit process, and there will be no significant impacts to habitat. Resolution No. 2005 -62 Page 4 of 6 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, 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; 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. Section 2: In approving the Mitigated Negative Declaration, the City Council has reviewed and considered Mitigated Negative Declaration document. Section 3: The Mitigated Negative Declaration identifies no new potential significant adverse environmental impacts to the areas listed below, beyond those already identified in the Final EIR No. 36, the two Supplements to EIR No. 36, and Addenda Nos. 1, 2, 3, 4, 516, 71 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 to EIR No. 36, as a result of the proposed revisions to the Ocean Trails 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 4: That implementation of the changes to the physical configuration of the project would not require additonal mitigation measures or deletions /modifications to the mitigation measures included in the Final EIR, as well as the two Supplements to EIR No. 36 and Addenda Nos. 1, 21314, 516,79 819,109 11, 12, 13, 14, 15, 16 and 17 to EIR No. 36. Section 5: EIR No. 36 states that even with the mitigation measures that have been imposed, there still are significant adverse impacts that will be caused by the proposed project in the areas of landform alteration, biological resources, aesthetics, air quality, and water services. Thus, although the implementation of mitigation measures that are discussed in Final EIR No. 36, the two Supplemental EIRs and Addenda Nos. 1, 29 39 49 59 69 79 89 99 109 11, 129 139 149 159 16 and 17 to EIR 36, which will further reduce these impacts, it is not possible to entirely eliminate cumulative impacts to the areas of concern listed above. Therefore, the Resolution No. 2005 -62 Page 5 of 6 Findings and Statement of Overriding Considerations, as provided in Final EIR No. 36, are hereby re- adopted and incorporated by reference. Section 6: 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 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 7: All findings, attachments and Statement of Overriding Considerations contained in Resolution Nos. 92 -53, 92 -115, 93 -89, 94 -71, 96 -15, 2000 -38 and 2000 -58 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, June 21, 2000 and September 5, 2000 respectively, are hereby incorporated by reference. Section 8: 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 approves a Mitigated Negative Declaration, based on the City Council's independent review and determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and Sate and local guidelines with respect thereto. PASSED, APPROVED, and ADOPTED this 7th day of June 2005. Mayor Attest: or A —I "; 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. 2005 -62 was duly and regularly passed and adopted by the said City Council at a regular meeting held on June 7, 2005. 1_ Z., Resolution No. 2005 -62 Page 6of6 Exhibit A Mitigation Monitoring Program Project: Revision "W" to the Trump National Golf Club for a new driving range. Location: Trump National Golf Club, Rancho Palos Verdes, CA 90275 Applicant/: V.H. Property Corp. Landowner TABLE OF CONTENTS I. Introduction ............................................................................................................ ............................... 2 II. Management of the Mitigation Monitoring Program .............................................. ............................... 3 Rolesand Responsibilities .................................................................................... ............................... 3 Mitigation and Monitoring Program Procedures .................................................... ............................... 3 Mitigation Monitoring Operations ........................................................................... ............................... 3 III. Mitigation Monitoring Program Checklist ............................................................... ............................... 5 IV. Mitigation Monitoring Summary Table ................................................................... ............................... 6 Mitigation Monitoring Program Exhibit A - Page 1 Resolution No. 2005 -62 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), which is to allow Revision "W ", permitting a reduction of 16 residential lots in Vesting Tentative Tract Map No. 50666 to accommodate a proposed new golf 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 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 Mitigated Negative Declaration was 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 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 MMP 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 Exhibit A - Page 2 Resolution No. 2005 -62 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 City will 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 Enforcement. Compliance 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. 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, Mitigation Monitoring Program Exhibit A - Page 3 Resolution No. 2005 -62 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 Exhibit A - Page 4 Resolution No. 2005 -62 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 June 7, 2005. Mitigation measures are listed in the order in which they appear in the Initial Study. Monitoring and Reporting Action indicates when the measure should be monitored and reported. Party Responsible for Mitigation indicates who is responsible for implementation. Enforcement Agency /Monitoring Agency /Monitoring Milestone 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 Monitoring Program Exhibit A - Page 5 Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 1 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone 1. Land Use and Planning LUP-1: Before initiating any work covered by this Obtain a Coastal V.H. Property Corp. CCC, USFWS, CDFG/ City of Rancho Palos MND, the applicant shall demonstrate to the Director Development Permit Verdes Planning, Building and Code of Planning, Building and Code Enforcement that such from the CCC and other Enforcement Department (City PBCE) work has been approved by the USFWS, CDFG and necessary permits from CCC. (from EIR #36 Supplement and Forrestal the USFWS and CDFG Canyon MND) before construction begins LUP-2: The proposed project is subject to compliance Project plans consistent V.H. Property Corp. City of Rancho Palos Verdes Planning, Building with the development policies for Subregions 7 and 8 with applicable policies and Code Enforcement Department (City contained in the Rancho Palos Verdes Coastal before any construction PBCE) Specific Plan. These policies are applicable to all activities begin.. development within Subregions 7 and 8. (from EIR #36 Supplement) 2. Geologic Prior to the start of any construction related to Geologic Approval V.H. Property Corp. City PBCE the project as described in this MND, the project required by City applicant shall obtain approval from the City Geologist Geologist prior to start of for said construction. If any changes to the design of any construction. the project are necessary as a result of said review, and said changes cause a significant impact to any other condition and /or mitigation measure analyzed within this MND, as determined by the Director of Planning, Building and Code Enforcement, the project applicant shall obtain an amendment to the project for the proposed re- design. GS -2. Cut and fill earthwork shall balance within the No export or import of V.H. Property Corp. City PBCE total project site. (from EIR #36 Supplement) earth materials during construction. GS_3. Prior to issuance of grading permits, subject to All applicable conditions V.H. Property Corp. City PBCE review and approval by the City Geologist and the from Cit Geolo ist and Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 2 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone Project Geologist, the developer shall ensure that all Project Geologist are applicable conditions as specified in any geological incorporated into project report and /or review, and any subsequent reports or prior to issuance of reviews that are prepared are incorporated into the grading permits. project. (from EIR #36 Supplement) GS -4: The developer shall reduce the risk of over- Submit a landscape plan V.H. Property Corp. City PBCE watering associated with the driving range, for review and approval. landscaped, common or public open space, by the Submit monitoring use of monitored watering systems as determined by reports prior to the project Geologist and as approved by the City installation of any Geologist. Additionally, prior to the installation of any landscaping, and on- landscaping or irrigation, the developer shall submit a gong after installation. landscape and irrigation plan, supported by the project geologist, for review and approval by the City and City Geologist. GS_5: The developer shall ensure that runoff from Submit a drainage plan V.H. Property Corp. City PBCE landscaping sources be collected and directed into the for review and approval project storm drain system to minimize infiltration into prior to issuance of any subsoils. A drainage plan approved by the project permits, and on -gong geologist shall be submitted for review and approval after construction. by the City and City geologist. GS_6: Prior to grading activities, the project proponent Obtain a grading permit V.H. Property Corp. City PBCE shall obtain a grading permit. Where grading activities and if necessary an have the potential to add loose soil and rocks to any Erosion and drainageways, an Erosion and Sedimentation Sedimentation Mitigation Mitigation Plan shall be prepared. The Plan shall Plan prior to issuance of identify methods to prevent sedimentation from exiting any permits, and during the construction site. (from EIR #36 Supplement) construction. Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 3 of 13 Mitigation Measures Monitoring and Reporting Action Party Responsible for Mitigation Enforcement Agency/ Monitoring Agency/ Monitoring Milestone 3. Water HWC-1: Prior to issuance of grading permits, the Submit a revised V.H. Property Corp. City PBCE developer shall submit a revised Storm Water SWPPP for review and Pollution Prevention Plan ( SWPPP) for review and approval prior to approval by the Director of Planning, Building and issuance of any permits, Code Enforcement. The SWPPP shall incorporate by and monitor on -gong and detail or reference appropriate Best Management after construction. practices (BMP's) to: 1.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. 2. Maximize, to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground, subject to review and approval by the project geologist and City geologist; 3. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas; 4. 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 5. Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development to the maximum extent practicable. Further, the SWPPP shall contain re uirements to be Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 4 of 13 Mitigation Measures Monitoring and Reporting Action Party Responsible for Mitigation Enforcement Agency/ Monitoring Agency/ Monitoring Milestone adhered to during project construction. The pre - construction SW PPP shall be reviewed and approved by the Director of Public Works. These practices should: 1. Include erosion and sediment control practices; 2. Address multiple construction activity related pollutants; 3. Focus on BMP's such as source minimization, education, good housekeeping, good waste management, and good site planning; 4. Target construction areas and activities with the potential to generate significant pollutant loads; 5. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity; 6. 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; 7. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site; and 8. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at construction sites, unless treated to remove sediments and pollutants. (from E I R #36) -9., Pursuant to the National Clean Water Act, Submit a revised V.H. Property Corp. City PBCE the prooect proponent shall amend their National NPDES for review and Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 5 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone Pollutant Discharge Elimination System (NPDES) approval prior to Permit prior to issuance of grading permits. (from issuance of any permits, EIR #36) and on -gong after construction. 4. Air Quality AQ_1: The developer and /or its contractors will use Use low emission V.H. Property Corp. City PBCE low emission mobile construction equipment, where equipment during feasible during site preparation, grading, excavation construction. and construction of the proposed landslide remediation. from EIR #36 Supplement) AQ_2. During site preparation, grading, excavation Comply with Rule 403 V.H. Property Corp. City PBCE and construction, the developer and /or its contractors and City Municipal Code will water the site, consistent with the requirements of during site preparation, SCAQMD Rule 403 and the City Municipal Code. In grading, excavation and addition the developer and /or its contractors will clean construction. the construction equipment every morning and evening to comply with AQMP Fugitive Dust Measures BCM -03 and BCM -06. Prior to grading, the amount of water anticipated to be used for dust control will be approved by the Project Geologist and verified by the City Geologist. (from EIR #36 Supplement) AQ_3: During site preparation, grading, excavation Comply with Measures V.H. Property Corp. City PBCE and construction, the developer and /or its contractors BCM -01 during site will wash off trucks leaving the site to comply with preparation, grading, AQMP Fugitive Dust Measures BCM -01. (from excavation and EIR #36 Supplement) construction. AQ_4" During site preparation, grading, excavation Spread soil binders V.H. Property Corp. City PBCE and construction, the developer and /or its contractors during during site will spread soil binders on site, unpaved roads and preparation, grading, unpaved parking areas. (from EIR #36 Supplement) excavation and construction. A0-5" During site preparation, grading, excavation Apply soil stabilizers V.H. Property Corp, CitV PBCE Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 6 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone and construction, the developer and /or its contractors during site preparation, will apply chemical soil stabilizers according to grading, excavation and manufacturer's specifications to all inactive construction. construction areas, defined as previously graded areas, which remain inactive for 96 or more hours. (from EIR #36 Supplement) AQ_6" During site preparation, grading, excavation Limit traffic speeds on V.H. Property Corp. City PBCE and construction, the developer and /or its contractors unpaved road surfaces will limits traffic speeds on all unpaved road surfaces during site preparation, on the site, which are used by construction vehicles to grading, excavation and 15 mph or less. (from EIR #36 Supplement) construction AQ_7: During grading and excavation, the developer Suspend grading V.H. Property Corp. City PBCE and /or its contractors will suspend grading operations operations during during first and second stage smog alerts. (from grading and excavation EIR #36 Supplement) AQ -8: During grading and excavation, the project Suspend grading V.H. Property Corp. City PBCE contractors will suspend all grading operations when operations during wind speeds, as instantaneous gusts, exceed 25mph. grading and excavation (from EIR #36 Supplement) AQ -9: During site preparation, grading, excavation Keep equipment tuned V.H. Property Corp. City PBCE and construction, the developer and /or its contractors to manufacturer's will maintain construction equipment engines by recommendations keeping them tuned consistent with the during site preparation, manufacturer's recommendations. (from EIR #36 grading, excavation and Supplement) construction AO-1 • During site preparation, grading, excavation Use low sulfur fuel for V.H. Property Corp. City PBCE and construction, the developer and /or its contractors stationary construction will use low sulfur fuel for stationa construction a ui ment during site Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 7 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone equipment. (from EIR #36 Supplement) preparation, grading, excavation and construction AQ-1 • During site preparation, grading, excavation Use specified power V.H. Property Corp. City PBCE and construction, the developer and /or its contractors sources during site will use on site power sources rather than portable preparation, grading, generators as feasible; will use existing power source excavation and (e.g., power poles) or clean fuel generators rather construction than temporary power generators as feasible; and will use low emission, clean fuel on site stationary equipment as feasible. (from EIR #36 Supplement) 6. Biological Resources If construction occurs within 500 feet of coastal If construction occurs V.H. Property City PBCE California gnatcatcher active nests during the coastal within 500' of a nest Corp. /Project Biologist. California gnatcatcher breeding season (February 15- during breeding season August 15), owner shall implement weekly monitoring during site preparation, of nest sites by a permitted gnatcatcher biologist to grading, excavation and determine nest status and potential affects from construction. construction noise. During periods of construction within the 500 -foot zone around active nests, the owner shall implement appropriate noise attenuation measures as determined by the project biologist and conduct daily noise monitoring to ensure that noise levels do not exceed 60 dBA leq. Weekly monitoring reports shall be submitted to the Director of Planning, Building and Code Enforcement when construction occurs within the 500 -foot limit. Subject to review and approval by the Director of Revegetate habitat prior V.H. Property City PBCE /CDFG /USFW Planning, Building and Code Enforcement, CDFG and to issuance of Certificate Corp. /Project Biologist USFWS, and prior to issuance of certificate of of occupancy and prior occupancy for the driving range and prior to issuance to issuance of building of any building permits for residences within Vestin ermits for any homes in Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 8 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitorina Milestone Tentative Tract Map (VTTM) 50666, CSS habitat will VTTM50666 be revegetated (0.60 acres). Revegetated habitat should be suitable for forage, cover and nesting by coastal California gnatcatchers. The project developer shall not impact more than During site preparation, V.H. Property City PBCE 0.05 acres of coastal sage scrub habitat as part of this grading, excavation and Corp. /Project Biologist proposed project. construction The Forrestal Canyon Preserve shall be Prior to issuance of V.H. Property City PBCE increased by 0.60 acres. Planting, maintenance and Certificate of Occupancy Corp. /Project Biologist 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. Subject to review and approval by the Director of Prior to issuance of V.H. Property Corp. City PBCE Planning, Building and Code Enforcement, the certificate of occupancy developer shall install signage along the pedestrian /bicycle trails located adjacent to the driving range, warning trail users not to enter into natural habitat preserve areas to collect any stray golf balls. Said signage shall be installed at appropriate intervals along the trail as approved by the Director of Planning, Building and Code Enforcement and the Project Biologist. If it is determined by the Director of Planning, Building and Code Enforcement that trail users are breaching the trail fencing and entering habitat to obtain stray golf balls, the developer shall cease all driving range operations until such time as a plan, such as, but not limited to the use of security personnel, can be implemented by the developer that would eliminate such activities. Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 9 of 13 Mitigation Measures Monitoring and Reporting Action Party Responsible for Mitigation Enforcement Agency/ Monitoring Agency/ Monitoring Milestone 9. Hazards The driving range shall be developed with safety Prior to issuance of V.H. Property Corp. City PBCE features as proposed in the plan identified as the Certificate of Occupancy "Ocean Trails Driving Range /Lot Layout Proposed Amendment Tentative Tract No. 50666 ", dated February 2, 2005. Subject to review and approval by the Director of Planning, Building and Code Enforcement, a 6' high decorative fence shall be installed along the western boundary of the driving range, located between the edge of the driving range and the pedestrian /bicycle trails. Any changes to the proposed plan that may affect public safety shall be subject to additional environmental analysis, review and approval in compliance with the California Environmental Quality Act. The proposed use of the driving range shall On -going during use of V.H. Property Corp. City PBCE comply with the following: driving 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. Golfers will be restricted to using certain golf clubs depending upon which tee area they are hitting from based upon the "Golf Shot Plan ". Specifically, Section "A" of the golf tees will be used for shots traveling up to 140 yards, Section "B" will be used for shots traveling between 140 yards and 215 yards, and Section "C" will be used for shots traveling over 215 yards (see Exhibit C). • Signs will be posted in Sections "A ", "B" and "C" noting distances authorized to hit from each tee section. Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 10 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone • An on -site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. • 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. If professional tournaments are held where Concurrent with V. H. Property Corp. City PBCE professionals will utilize the driving range, the issuance of SUP applicant shall implement measures, which may include, but not be limited to retractable netting that could be used temporarily when professionals are utilizing the range, to ensure that golf balls do not stray from the range and impact adjacent uses. Such tournaments and temporary netting or other measures, shall only be authorized through approval of a Special Use Permit by the City of Rancho Palos Verdes, which requires public notice. If it is determined by the Director of Planning, Upon determination by V.H. Property City PBCE /City Council Building and Code Enforcement, that use of the the Director of PBCE Corp. /Director of driving range is causing significant hazardous impacts and /or City Council PBCE to public safety resulting from stray golf balls causing injury to persons or property, upon notice by the Director, the owner shall immediately cease all use of the driving range until such impacts can be mitigated by the developer. Such mitigation measures shall be reviewed and approved by the City Council. If it is determined that such impacts cannot be mitigated, upon notice by the City, the owner shall cease all use of the driving range. Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 11 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone 7. Noise Project construction activities shall comply with During site preparation, V.H. Property Corp. City PBCE applicable City noise restrictions. Construction grading, excavation and activities shall be limited to the hours between 7:00am construction and 7:00pm, Monday through Saturday. There shall be no construction on Sundays or federally observed holidays. The use of gardening /maintenance equipment Within 3 months after V.H. Property Corp. City PBCE shall be controlled by the Golf Course Maintenance driving range opens and Plan which is subject to review and approval by the annually thereafter Director of Planning, Building and Code Enforcement, based on an analysis of equipment noise levels and potential impacts to neighboring residents. The Plan shall be revised to incorporate the driving range and shall be submitted for formal review by the Director of Planning, Building and Code Enforcement within 3 months after the first day that the driving range opens for play and annually thereafter for the life of the driving range /golf course. At the 3 -month review and at each subsequent annual review, the Director may determine that the Plan needs to be revised to address potential noise impacts. The Director may also determine that additional review periods and /or other conditions shall be applied to the Maintenance Plan. Further, if the City receives any justified noise complaints that are caused by the maintenance of the driving range, as verified by the Director of Planning, Building and Code Enforcement, upon receipt of notice from the City, the owner(s) of the golf course shall respond to said verified complaint by notifying the City and implementing corrective measures within 24 hours from time of said notice. The Director's Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 12 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone decision on any matter concerning maintenance may be appealed to the City Council. This condition shall apply to all project owners, present and future. Any violations of this condition may result in cease of operation of the driving range. 10. Aesthetics Subject to review and approval by the Director of Prior to issuance of any V.H. Property Corp. City PBCE Planning, Building and Code Enforcement, prior to grading permits. issuance of any grading permits, the applicant shall submit a landscape and irrigation plan that identifies the type of vegetation proposed for the driving range and surrounding areas, specifically including the southerly berm. The type of vegetation utilized shall be consistent with the allowable vegetation permitted on the subject site, as defined in the project's HCP, and shall not be of a type that would grow higher than the ridge elevation of the southerly berm. Further, said vegetation shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm. 9. Cultural Resources Before grading activity begins, a qualified Prior to start of any V.H. Property City PBCE paleontologist shall be retained to monitor the site grading activity. Corp. /Project during excavation work. This paleontologist will Paleontologist salvage exposed fossils, and, if necessary, direct or divert grading activities to accomplish this goal. In areas where fossils are abundant, full -time monitoring and salvage efforts shall be provided. (from EIR #36) Upon completion of all grading activity, the Prior to Certificate of V.H. Property City PBCE Project Paleontologist shall ensure that all fossils and Occupancy Corp. /Project their contextual strati ra hic data are forwarded to an Paleontolo gist Resolution No. 2005 -62 MITIGATION MONITORING PROGRAM FOR REVISION "W" — DRIVING RANGE Page 13 of 13 Mitigation Measures Monitoring and Party Enforcement Agency/ Reporting Responsible Monitoring Agency/ Action for Mitigation Monitoring Milestone institution with a research interest in the materials, such as the Los Angeles County Museum of Natural History. (from EIR #36) Upon completion of all grading activities, the Prior to Certificate of V.H. Property City PBCE Project Paleontologist shall ensure that all Occupancy Corp. /Project paleontological material collected during project Paleontologist monitoring activities are donated to a local institution that has proper facilities for creation display, and use by interested scholars and the general public. A report shall also be prepared on the paleontological resources found in the project area for review and approval by the City's Director of Planning, Building and Code Enforcement. The plan shall receive sufficient distribution to ensure its availability to future researchers. (from EIR #36) During project construction activities, During site preparation, V.H. Property City PBCE m icroverteb rates from any terrace deposits in the grading, excavation and Corp. /Project landslide area shall be salvaged. If necessary, the construction Paleontologist collection of matrix samples shall be processed through fine screens. The Project Paleontologist through the Los Angeles County Museum of Natural History or another qualified facility should coordinate collection of the matrix samples and processing. (from EIR #36) Resolution No. 2005 -62