CC RES 2005-066RESOLUTION NO. 2005-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING REVISIONS TO GRADING PERMIT NO.
1541 IN CONJUNCTION WITH REVISION "W" 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 -552 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. 1.541 for a Residential Planned Development consisting of a total of eighty -three (83) single family
dwelling units, an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos.
7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project
raised a substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the
landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and
remanded the project back to the City of Rancho Palos Verdes for reconsideration; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 92 -115 approving the Addendum to Environmental Impact Report No. 36 and adopted
Resolution Nos. 92 -116, 92 -117, 92 -118 and 92 -119 approving Revisions to Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163,
Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal
Commission with regard to adequate provisions for public open space, public access and habitat preservation;
and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development
Permit No.A-5-RPV-93-5(i.e. Coastal Permit No. 103), subject to additional conditions of approval.
WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 93-89 approving a second Addendum to Environmental Impact Report No. 36 and adopted
Resolution Nos.93-90, 93-91, 93-92 and 93-93 respectively re-approving Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos.20970 and 23004, Conditional Use Permit Nos. 162 and 163,
and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in
conjunction with the project, pursuant to Government Code Section 65590; and,
WHEREAS,on November 5, 1993,the California Coastal Commission adopted revised and expanded
findings in conjunction with the project; and,
WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 94-71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76 and 94-77, respectively, approving Revision "A"to the
approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from the
area southwest of the School District property to an area north of Half Way Point, locating the golf course
maintenance facility and four(4)affordable housing units southeast of the corner of Palos Verdes Drive South
and Paseo Del Mar,reducing the number of single family residential lots from eighty-three(83)to seventy-five
(75)and increasing the height of the golf course clubhouse from thirty(30)feet to forty-eight(48)feet; and,
WHEREAS,on January 12, 1995,the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its first amendment to the
permit, subject to revised conditions of approval; and,
WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal
Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its second
amendment to the permit; and,
WHEREAS,on February 1, 1996,the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its third amendment to the
permit; and,
WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos.96-16,and 96-17,respectively,approving Revision"B"to the approved Ocean Trails project,
including, but not limited to, modifying the approved alignment of Paseo del Mar("A"Street/"J"Bluff Road),
revising the Conditions of Approval regarding several public trails, and relocating the golf course clubhouse
approximately 80 feet to the west of its previously approved location; and,
WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-005A(i.e. Coastal Permit No. 103), thereby approving its fourth amendment to the
permit, subject to revised conditions of approval; and,
WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos.96-73,96-74,96-75,96-76 and 96-77,respectively,approving Revision"C"to the approved
Ocean Trails project, including, but not limited to, relocation of two single family residential lots in Vesting
Tentative Tract Map No.50667 from the end of Street"A"to the end of Street"C",revisions to the boundaries
of open space Lots B,C,G and H,conversion the split-level lots in Vesting Tentative Tract Map No.50667 to
single-level lots, revisions to the golf course layout, revisions the public trail system, combination of parallel
trails easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and
Resolution No. 2005-66
Page 2 of 8
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.
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
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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 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 September 24, 2004, 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.
Resolution No. 2005-66
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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), on May 18, 2005, copies of the Mitigated Negative
Declaration for Revision "W"were distributed to the City Council and prior to taking action on the proposed
Revision "W" to the Trump National Golf Club (formally known as Ocean Trails), the City Council
independently reviewed and considered the information and findings contained in said Mitigated Negative
Declaration; and,
WHEREAS,on June 7,2005,after notice issued pursuant to the provisions of the Development Code,
the City Council held a public hearing to consider a Mitigated Negative Declaration and the proposed Revision
"W"to the Trump National Golf Club,at which time all interested parties were given an opportunity to be heard
and present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE,AND RESOLVE AS FOLLOWS:
Section 1: This request, Revision"W", is for: 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. The following changes to the conditions of approval of Grading Permit No.
1541 for Revision"W"are as follows:
Description of Revised Condition Grading Permit No.1541
Incorporate finding applicable to driving range B-16
Apply mitigation measures from all environmental documents D-3
Change to construction hours C-4
No Rock Crusher C-6
Section 2: In considering the proposed revisions to the project,the City Council has determined that
the preparation of a Mitigated Negative Declaration is appropriate for the following reasons;
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,the revision is within the scope of the
approved Habitat Conservation Plan(HCP)and is exempt from the 4d-permit process,there
will be no significant impacts to habitat.
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
Resolution No. 2005-66
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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.
Therefore, based on the review of the Mitigated Negative Declaration prepared in association with the
proposed Revision"W"to the Trump National Golf Club,as conditioned,the City Council finds that the project
still mitigates, or reduces to the extent feasible, significant adverse effects to adjacent properties or the
permitted uses thereof. In approving the revised project,the City Council finds that social, recreational,and
other benefits of the project continue to outweigh any unavoidable adverse environmental impacts that may
occur and that due to overriding benefits and considerations,any unavoidable adverse environmental impacts
of the project are acceptable. Accordingly,the City Council incorporated,by reference,the Final EIR No.36,
the Supplemental EIR,the second Supplemental EIR,Addenda Nos. 1,2,3,4,5,6,7,8,9,10, 11, 12,13, 14,
15, 16, and 17, and Resolution No. 92-115 (which includes, without limitation, the detailed statement of
overriding considerations set forth therein).
Section 3: Pursuant to Section 17.76.040 of the Development Code, in approving Revision"W"to
Grading Permit No. 1541 for the public golf course,driving range and related uses,the City Council finds as
follows:
A. The grading does not exceed that which is necessary for the permitted primary use of the lot, as
defined in Chapter 17.96 of this title, because the primary use of the lot is residential/recreational.
The proposed grading is to accommodate a new driving range and re-orientation of 10 residential lots.
The proposed project and grading design will result in a finished project that is more aesthetically
pleasing than what has been previously approved as it will result in less developed areas (16 less
residential lots and 2 less public streets). Given the large area to be graded to achieve such better
design, the proposed grading does not exceed that which is necessary for the primary use of the
area.
B. The grading and/or related construction does not significantly adversely affect the visual relationships
with,nor the views from,neighboring properties because while there will be some areas of the driving
range that will have a higher grade elevation than the former ridge line of currently approved homes,
given the distance from Palos Verdes Drive South and neighboring residential units, the potential
impacts will be insignificant. Due to the reduction in the number of residential units and roadways,
and resulting increase in open space area,the proposed project will improve the visual appearance.
C. The nature of the grading minimizes disturbance to the natural contours and finished contours are
reasonably natural because the subject site was part of a mass grading operation to develop building
pads to accommodate future residential homes. The project will result in more open space areas with
finished contours appearing more natural than the currently approved project.
D. The grading takes into account the preservation of natural topographic features and appearances by
means of land sculpturing so as to blend any man-made or manufactured slope into the natural
topography because the proposed driving range will include topographical features more akin to
natural conditions than the currently approved project.
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E. For new single-family residences, the grading and/or related construction is compatible with the
immediate neighborhood character,as defined in Chapter 17.02 because the proposed grading will
create 10 new residential lots that are relatively consistent in size and configuration to the previously
approved project. The proposed project,when considered in its entirety will be compatible with the
immediate neighborhood character.
F. In new residential tracts,the grading includes provisions for the preservation and introduction of plant
materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of
grading and construction on hillside areas because the proposed grading is for the development of a
portion of this new tract. Previous conditions of approval will be retained to ensure that plant
materials are used to protect slopes from soil erosion, slippage and to minimize the visual effects of
grading.
G. The grading utilizes street designs and improvements which serve to minimize grading alternatives
and harmonize with the natural contours and character of the hillside because the proposed grading
will retain one public street in relatively the same location as previously approved. This design does
minimize grading alternatives by providing access to the development at the most feasible location
with the least amount of grading impacts. Additionally, the proposed street serves the proposed
homes in a general direction from west to east,running with the grade as opposed to north to south,
which would cause more grading impacts to the natural contours and character of the hillside.
H. The grading would not cause excessive and unnecessary disturbance of the natural landscape or
wildlife habitat through removal of vegetation because the subject site has previously been graded
and primarily includes weeds at the present time. While there will be some temporary and permanent
impacts to Coastal Sage Scrub,there are no California Gnatcatcher nests in the immediate vicinity.
Further, these impacts are minor(.09 acres)and will be replaced with .60 acres of new habitat.
I. The grading conforms to the standards of Section 17.76.040(E)(9)with the exception of the following
standard:
"c. Except for the excavation of a basement or cellar, a fill or cut shall not exceed a depth of
five feet at any point except where the Director or Planning Commission determines that
unusual topography, soil conditions,previous grading or other circumstances make such
grading reasonable and necessary."
The project does not conform to this criterion as there will be cuts and fills that exceed 5'high.
Section 17.76.040(E)(10) permits the City Council to grant a grading permit for development in
excess of the criteria listed above, provided that the City Council finds that:
a) The criteria of subsections(E)(1) through(E)(8)of this section are satisfied;
b) The approval is consistent with the purposes set forth in subsection A of this section;
c) Departure from the standards in subsection (E)(9) of this section will not constitute a grant of
special privileges inconsistent with the limitations upon other properties in the vicinity;
d) Departure from the standards of subsection (E)(9) of this section will not be detrimental to the
public safety nor to other property;
In regards to (a), as noted above, the Council finds that criteria (E)(1)through (E)(8)can be
satisfied.
In regards to (b), the Council finds that the project is consistent with the purposes set forth in
subsection A of the Grading Section in that it permits the reasonable development of land,
ensures preservation of the scenic character of the area consistent with reasonable economic use
of the property, ensures that the development occurs in a manner harmonious with adjacent
lands, and the project is consistent with the General Plan.
Resolution No. 2005-66
Page 7 of 8
In regards to (c), the Council finds that departure from this standard will not constitute a grant of
special privileges inconsistent with limitations upon other properties in the vicinity as this project
involves re- grading of a new subdivision, wherein cuts and fills of this size are common to the
development of new tracts and the finished grades will not deviate substantially from what was
previously approved.
In regards to (d), the proposed grading will require approva, of a grading permit by the City
Geologist, who will ensure that the departure from the stanaards will not be a detriment to the
public safety or neighboring properties.
Section 4: The mitigation measures contained in the Mitigation Monitoring Program attached as
Exhibit "A" to Resolution No. 2005 -62 are hereby incorporated by reference into the Conditions of Approval for
the revisions to Grading Permit No. 1541.
Section 5: The time within which the judicial review of the decision reflected in this Resolution,
available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
Section 6: 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 "W" 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.
PASSED, APPROVED, and ADOPTED this 7t" day of .rune 2005.
n
Mayor
Attest:
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 Resoiutic n No.
2005 -66 was duly and regularly passed and adopted by the said,City Council at a regular rneeuna held on
June 7, 2005.
Ci Clerk
r t
Resolution No. 2005 -66
Page 8of8
RESOLUTION NO. 2005 -66 EXHIBIT "A"
GRADING PERMIT NO. 1541 — REVISION "W"
CONDITIONS OF APPROVAL
A. GENERAL
1. Within thirty (30) days of approval of Revision "W" to the Grading Permit, the developers
shall submit, in writing, a statement that they have read, understand and agree to all the
conditions or approval contained in this exhibit.
B. GRADING PLAN
1. Prior to recordation of each Final Map or prior to issuance of grading permits, whichever
occurs first, a final grading plan shall be approved by the Director of Public Works and
City Geologist, by manual signature. This grading plan shall be based on a detailed
engineering, geology and /or soils engineering report(s) and shall specifically be approved
by the City Geologist and /or soils engineer and comply with all recommendations
submitted by them. It shall also be consistent with the vesting tentative tract maps and
conditions, as approved by the City.
2. All geologic hazards associated with this proposed development shall be eliminated or
the City Geologist shall designate a Restricted Use Area on each Final Map, in which the
erection of buildings or other structures shall be prohibited.
3. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall
be posted to cover costs for any geologic hazard abatement in an amount to be
determined by the Director of Public Works.
4. Prior to issuance of grading permits and /or recordation of the Final Map, whichever
occurs first, written approval must be obtained from the owners of adjacent properties
within the City where offsite grading for trails is proposed or may result.
5. A note shall be placed on the approved grading plan that requires the Director of
Planning, Building and Code Enforcement's approval of rough grading prior to final
clearance. The Director (or a designated staff member) shall inspect the graded sites for
accuracy of pad elevations, created slope gradients, and pad size. The developer or its
designee shall provide certification for all grading related matters.
6. All of the recommendations made by the Director of Public Works and City Geologist
during their on -going review of the project shall be incorporated into the approved grading
plans.
7. All of the recommendations of the project geologist, except as modified by the City
Geologist, will be incorporated into the approved grading plan and design of any
structures.
8.- All natural and created slopes greater than 3.1 shall be designated as Restricted Use
Areas with a note on the Final Map.
9. Prior to issuance of a building permit, an independent Geology and /or Soils Engineer's
report on the expansive properties of soils on all building sites shall be submitted to and
approved by the City Geologist in conformance with accepted City practice. Such soils
are defined by Building Code Section 2904(b).
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Exhibit A
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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 geol. gical report(s' for structures
founded on bed rock and an as -built soils and compaction report Tor structures founded
on fill and all engineered fill areas shall be submitted for review and approval by the City
Geologist in conformance with accepted City practice.
12. Foundations and floor slabs cast on expansive soils shall be designed in accordance with
Los Angeles County Code Section 2907 -i.
13. All grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls,
and Chapter 70, "Excavation and Grading" of the Uniform Building Code.
14. Unless otherwise provided in these conditions of approval or permitted by the Director of
Planning, Building and Code Enforcement, the project shall comply with all appropriate
provisions of the City's grading ordinance (Chapter .17.76.040 (formally 17.50)).
15. All grading shall be balanced on =site. However, should earth, rock or other material be
required to be hauled from the project site, a revision to the grading permit, pursuant to
requirements of the Development Code, shall be obtained.
16. No construction of permanent structures shall be allowed closer than twenty -five (25) feet
landward of the Coastal Setback Zone (except for structures associated with public
amenities or unless allowed by another project condition of approval). Grading within the
Coastal Setback Zone shall be limited to that required for construction of approved trails,
parks, vista points, driving range_and golf course holes, as indicated on the approved site
plans.
17. Where feasible, and subject to the review and approval of the Director of Planning,
Building and Code Enforcement all graded slopes shall be "landform" graded so as to
closely reflect naturally occurring topographic contours. Slope gradients shall be natural
and no abrupt changes between natural and graded slopes shall be permitted.
18. All proposed retaining walls to be constructed shall be subject to review by the Planning,
Building and Code Enforcement with subsequent review by the Planning Commission, if
required, for review and approval pursuant to Chapter 17.76.040 (formally 17.50)-of the
Rancho Palos Verdes Development Code.
19. No created slopes within the tract shall exceed 2.1, unless approved by the Director of
Planning, Building and Code Enforcement.
20. Prior to the issuance of grading permits, or prior to recordation of a Final Tract Map,
whichever occurs first, the developer shall submit a Storm Water Pollution Prevention
Plan. The post- construction Storm Water Pollution Prevention Plan shall be reviewed
and approved by the Planning Commission. The Storm Water Pollution Prevention Plan
shall incorporate by detail or reference appropriate post- construction Best Management
Practices (BMPs) to:
a. Implement, to the maximum extent practicable, requirements established by
appropriate governmental agencies under CEQA, Section 404 of the Clean Water
Act, local ordinances and other legal authorities intended to minimize impacts from
storm water runoff on the biological integrity of natural drainage systems and water
bodies;
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Exhibit A
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b. Maximize to the maximum extent practicable, the percentage of permeable surfaces
to allow more percolation of storm water into the ground;
c. Minimize, to the maximum extent practicable, the amount of storm water directed to
impermeable areas;
d. Minimize, to the maximum extent practicable: parking lot pollution through the use of
appropriate BMPs, such as retention, infiltration and good housekeeping.
e. Establish reasonable limits on the clearing of vegetation from the project site
including, but not limited to, regulation of the length of time during which soil may be
exposed and, in certain sensitive cases, the prohibition of bare soil; and
e. Provide for appropriate permanent controls to reduce storm water pollutant load
produced by the development site to the maximum extent practicable.
Furthermore, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered
to during project construction. The pre- construction Storm Water Pollution Prevention Plan shall
be reviewed and approved by the Director of Public Works. These practices include:
a. Include erosion and sediment control practices;
b. Address multiple construction activity related pollutants;
C. Focus on BMPs such as source minimization, education, good housekeeping,
good waste management, and good site planning;
d. Target construction areas and activities with the potential to generate significant
pollutant loads;
e. Require retention on the site, to the maximum extent practicable, of sediment,
construction waste, and other pollutants from construction activity;
f. Require, to the maximum extent practicable, management of excavated soil on
site to minimize the amount of sediment that escapes to streets, drainage
facilities, or adjoining properties;
g. Require, to the maximum extent practicable, use of structural drainage controls
to minimize the escape of sediment and other pollutants from the site.
h. Require, to the maximum extent practicable, containment of runoff from
equipment and vehicle washing at construction sites, unless treated to remove
sediments and pollutants.
C. CONSTRUCTION PLAN
1. Prior to the issuance of grading permits, a construction plan shall be submitted to the
Director of Planning, Building and Code Enforcement for review and approval. Said plan
shall include, but not be limited to a phasing plan, limits of grading, estimated length of
time for rough grading and construction of improvements, location of construction trailers,
construction signs and equipment storage areas and the location and type of temporary
utilities.
2. Prior to the issuance of grading permits and /or building permits, a program to control and
prevent dust and windblown earth problems shall be submitted to the Director of
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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.
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.
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Exhibit A
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GRADING /CONSTRUCTION ACTIVITY FOR REVISION "W" ONLY (FOLLOWING
CONDITIONS D -5 THROUGH
5. All construction activities (i.e. grading) will be minimized to the extent feasible within 300
feet of habitat occupied by the gnatcatcher and /or cactus wren during the breeding
season.
6. Construction - related noise levels above 60 decibels A- weighted Leq hourly in or adjacent
to suitable habitat for the gnatcatcher and /or cactus wren shall be avoided and minimized
year -round to the maximum extent practicable, but particularly during the breeding
season (February 15- August 15).
7. Gnatcatcher and cactus wren surveys will be conducted by a qualified biological monitor
possessing a valid 10(a) permit (for the gnatcatcher) and will be subject to Service
approval.
8. A minimum of two pre- construction surveys will be conducted in all suitable habitat within
300 feet of the project site. The first survey will be one week prior to construction
activities and the last survey will occur no more than 3 days prior to beginning
construction or grading for this project.
9. The Wildlife Agencies will be notified immediately of any gnatcatchers and /or cactus
wrens detected during surveys. The Wildlife Agencies and the project proponent will
coordinate on a strategy (e.g., noise monitoring plan, noise attenuation barriers, etc.) to
avoid and minimize impacts to gnatcatchers and /or cactus wrens occurring within 300
feet of the project site.
10. A survey report will be provided to the Service upon completion of the final survey. The
survey report will contain the date, time, and weather conditions, and all gnatcatcher,
cactus wren and brown - headed cowbird (Molothrus ater) detections will be plotted on a
suitably - scaled topographic map of the survey area.
11. The biological monitor will be present during construction activities. The biological
monitor will have authority to halt localized construction activities if a gnatcatcher or
cactus wren nest is discovered within or adjacent to the project area, and will contact the
Wildlife Agencies immediately. If a nest is discovered, construction activities will be
restricted within 300 feet of the next until the nestlings fledge or unless other impact
reduction measures, to the satisfaction of the Service, are implemented.
12. Dust resulting from construction in or adjacent to the project site shall be minimized using
biologically sound techniques (e.g., earth watering).
Resolution No. 2005 -66
Exhibit A
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