CC RES 2004-027RESOLUTION NO. 2004 -27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
APPROVING ADDENDUM NO. 17 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN
CONNECTION WITH AN AMENDMENT TO CONDITIONAL USE PERMIT NOS. 162 &
163, A NEW GRADING PERMIT (CASE NO. 2004 - 00078), AND VESTING TENTATIVE
TRACT MAP NOS. 50666 AND 50667, WHICH IS REVISION "V" TO THE OCEAN
TRAILS PROJECT.
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 (HEIR) was prepared; and,
WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City
determined that the information submitted in the AEIR cited potential additional significant environmental
impacts that would be caused by the revised project, and directed preparation of a Supplemental
Environmental Impact Report (SEIR). The SEIR, which incorporates information and findings set forth in the
Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19,
1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and
invited to present written comments to the information contained in the SEIR, in conformance with the
requirements of the California Environmental Quality Act; and,
WHEREAS, on June 1, 1992 the City Council of the City of Rancho Palos Verdes adopted Resolution
No. 92 -53 certifying Environmental Impact Report No. 36, in connection with Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163,
Coastal Permit No. 103, and Grading Permit No. 1541 for an 83 lot Residential Planned Development, public
open space, and an 18 hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal
Subregions 7 and 8; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 92 -115 approving an Addendum to Environmental Impact Report No. 36, in connection with
approving Revisions to the Ocean Trails project applications described above, in order to address concerns
expressed by the California Coastal Commission with regard to adequate provisions for public open space,
public access and habitat preservation; and,
WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 93 -89 approving a second Addendum to Environmental Impact Report No. 36, in connection
with re- approval of the Ocean Trails project applications described above, in order to comply with a Court
mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section
65590; and,
WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 94 -71 approving a third Addendum to Environmental Impact Report No. 36, in connection with
approval of Revision "A" to the Ocean Trails project applications described above, in order to incorporate
changes to the project made by the California Coastal Commission in April 1993, and (based on additional
geologic information) relocate the golf course clubhouse, reduce the number of single family lots from 83 to 75
and approve a location for the golf course maintenance facility and on -site affordable housing units; and,
WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96 -15 approving the fourth Addendum to Environmental Impact Report No. 36, in connection
with approval of Revision "B" to the Ocean Trails project applications described above, in order to incorporate
changes to the project made by the California Coastal Commission in January 1995 regarding the relocation of
the golf course clubhouse, Paseo Del Mar roadway and public trails to accommodate a reconfiguration of the
public parking facilities, as well as additional modifications to the public trails in order to provide clarification or
to be consistent with the California Coastal Commission's approval and to include an 8.5 acre vacant property
owned by the Palos Verdes Peninsula Unified School District into the golf course.
WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96 -72 approving the fifth Addendum to Environmental Impact Report No. 36, in connection with
approval of Revision "C" to the Ocean Trails project applications described above, in order to relocate two
single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of
Street "C," revise the boundaries of open space Lots B, C, G and H, convert the split -level lots in Vesting
Tentative Tract Map No. 50667 to single -level lots, revise the golf course layout, revise the public trail system,
combine parallel trail easements, construct a paved fire access road west of the Ocean Terraces
Condominiums and modify several amendments to the Conditions of Approval and Mitigation Measures to
change the required timing for compliance; and,
WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98 -76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the proposed
Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the clubhouse from
27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance facility from 6,000
square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility
building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking
lot.
WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99 -10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the proposed
Revision "H" to the Ocean Trails project, which included: changing 6 of the residential lots within VTTM 50667
from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street'B' within
the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the
approval included the modification of the project's mitigation measures and conditions of approval to allow the
permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays through
March 21, 1999.
WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution
No. 99 -29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision 911"
to the Ocean Trails project, which included a change to the design of the storm drain facilities of the Ocean
Trails project from a tunneled pipe system to the existing on -site canyons. Revision "I" only amended the
drainage for the east side of the Ocean Trails project, involving La Rotonda canyon; and,
WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution
No. 99 -55 approving Addendum No. 9 to Environmental Impact Report No. 35 and the proposed Revision "J"
to the Ocean Trails project, which included 1), the conditions requiring the establishment of a maintenance
district be revised by eliminating the maintenance district and having the golf course owner be the sole
responsible entity for maintenance thereby excluding the future residential homeowners; 2) withdrawn by
applicant; 3), the timing of the installation of ornamental fencing on each residential lot be delayed until prior to
issuance of certificate of occupancy; 4), delay the construction of two trails within VTTM 50666 from the
Resolution No. 2004 -27
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Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5), lower the approved
residential building pad elevations and create split -level pads in VTTM No. 50666; 6), delay the payment of
traffic impact fees to prior to Final Map No. 50666; 7), allow an increase in total building area of the clubhouse
by permitting a basement space; 8), withdrawn by applicant; and 9), revise the hours permitted for golf course
landscape gardening; and,
WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000 -27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the
proposed Revision "K" to the Ocean Trails project, which allowed a portion of the golf course to open for play
before all of the required public amenities have been completed due to delays caused by the failure of
Landslide C on June 2,1999; and,
WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000 -38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact
Report No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations,
and the proposed Revision "L" to the Ocean Trails project, for the repair of Landslide C at Ocean Trails; and,
WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved
Revision M to the Ocean Trails Project, thereby approving an amendment to the Habitat Conservation Plan
(HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement
over the lower portion of Shoreline Park; and,
WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes approved
Revision N to the Ocean Trails Project, thereby approving a Mitigated Negative Declaration and amending the
project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a
tunneled pipe system to the existing on -site canyons. Revision "N" only amended the drainage for the west
side of the Ocean Trails project, involving Forrestal Canyon; and,
WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved
Revision P to the Ocean Trails Project, thereby approving an amendment to allow Ocean Trails an extension
of time to provide 4 on -site affordable housing units for rent from "prior to one year of the opening of the
clubhouse" to "prior to the opening of the 18 -hole golf course "; and,
WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved
Revision Q to the Ocean Trails Project, thereby approving an amendment which allows Ocean Trails to re-
construct (instead of re -pave) La Rotonda Drive from Palos Verdes South to the end of La Rotonda Drive, in
lieu of re- paving Palos Verdes Drive South from La Rotonda Drive to the eastern City limits; and,
WHEREAS, on September 21, 2001, the City Council of the City of Rancho Palos Verdes approved
Revision "R" to the Ocean Trails project to revise the Conditions of Approval for VTTM No. 50666 and VTTM
No. 50667, so as to adjust Condition 1 -3 allowing an extension to completing the reconstruction of La Rotonda
Drive from Palos Verdes Drive South to its end; and,
WHEREAS, on 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 February 10, 2004, VH Property Corp., submitted a letter to the City of Rancho Palos
Verdes requesting approval for Revision "V" to the Ocean Trails project to revise the Conditions of Approval
for CUP No. 162, so as to 1) increase the Lot Coverage for Lot #2 of Tract No. 50667 from 40% to 47 %; 2)
allow 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
Resolution No. 2004 -27
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complying with the "Maximum Habitable Space Square Footage" requirement; 3) permit a change in the height
of Lot #2 to allow for a subterranean garage. In the subject letter VH Property Corp also requested approval
of a Grading Permit for the construction of retaining walls and access to the proposed. subterranean garage.
At a later date, VH Property Corp withdrew their request for item 1) above; 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 February 26, 2004, March 11, 2004 and April 15, 2004,
copies of the draft Addendum No. 17 to Environmental Impact Report No. 36 were distributed to the City
Council and prior to taking action on the proposed Revision "V" to the Ocean Trails project, the City Council
independently reviewed and considered the information and findings contained in Addendum No. 17 to EIR
No. 36; and,
WHEREAS, on March 2, 2004, March 16, 2004, and April 20, 2004, after notice issued pursuant to the
provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No.
17 to Environmental Impact Report No. 36 and the proposed Revision "V" to the Ocean Trails project, at which
time all interested parties were given an opportunity to be heard and present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: This request, Revision "V ", is for:
1) An amendment to Conditional Use Permit No. 162, Conditions Q -2, Q -3 and Q -4, allowing
basement areas of one -story structures in Tract No. 50667 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; and
2) An amendment to Conditional Use Permit No. 162, Conditions S -2 and S -3 and a Grading
Permit to change the height of Lot #2 of Tract No. 50667, to allow for a subterranean garage
and for the construction of 10' high retaining walls, 260 cubic yards of grading for the
driveway, and 1,730 cubic yards of grading for the proposed subterranean garage /basement
on Lot #2 only.
3) Amendments to clear up specific ambiguities in the existing conditions of approval pertaining
to the City's acceptance of open space lots, the status of the Palos Verdes Drive South
reconstruction project, the status of providing off -site affordable housing units, and the status
of completing the project's Maintenance Building. Specifically, this includes an amendment
to Conditional Use Permit No. 162, Condition D -3 and adding new conditions 1 -2 and 1 -3;
amendments to Conditional Use Permit No. 163, Conditions D -3 and E -2; and amendments
to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditions A -10 and 1 -3.
Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 17
to the previously certified EIR, rather than the preparation of a subsequent or supplemental EIR, is appropriate
for the consideration of the proposed revisions to the Ocean Trails project, based on the following findings:
1. That subsequent changes proposed to the project do not require important revisions to the previous
EIR, since there are no new significant environmental impacts that have been identified, which were
not considered in the previous EIR. This is so, since the proposed changes identified in Section 1 and
attached Exhibit "A" would not result in any new or increased impacts to the environment that are not
already analyzed within EIR No. 36. Specifically, the change 1) will not be readily visible from
surrounding properties or the public right of way, 2) the proposed improvements will occur in areas
that will not cause any significant view impairments, 3) there will be no parking or traffic related
impacts as a result of the proposed changes, 4) there will be no impacts to geology as a result of the
Resolution No. 2004 -27
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proposed changes, 5) that some of the changes will only clarify the completion dates for certain
project amenities, and 6) there have been no substantial changes to the Project or to the environment
that would cause the Project to significantly impact the environment, nor does the proposed
amendment affect a change that would impact the environment in any manner that was not previously
considered and mitigated to the extent feasible.
2. That substantial changes to the project would not occur with respect to the circumstances under
which the project is undertaken, which would require important revisions to the previous EIR, since,
as noted in #1 above, there are no new significant environmental impacts that were not considered in
the previous EIR, Supplement and previous Addenda thereto, and the project provides for changes
that will not be readily visible to neighboring properties or from the public right of way and will clarify
completion dates for certain project amenities.
3. That there is no new information of substantial importance to the project which indicates that these
proposed changes will have one or more significant effects not discussed previously in the EIR; that
significant effects previously examined will not be substantially more severe than shown in the EIR;
that no mitigation measures or alternatives, previously found not to be feasible, would now in fact be
feasible and would substantially reduce one or more significant effects of the project; or that no
mitigation measures or alternatives which were not previously considered in the EIR, would now
substantially lessen one or more significant effects of the environment, because this project is only to
permit modifications that would not be readily visible to neighboring properties or from the public right
of way and clarifies the completion dates for certain project amenities.
Section 2: In approving Addendum No. 17 to EIR No. 36, the City Council has reviewed and
considered the Addendum No. 17 document, attached hereto and made a part thereof as Exhibit "A ".
Section 3: The Addendum No. 17 to EIR No. 36 identifies no new potential significant adverse
environmental impacts to the areas listed below, beyond those already identified in the Final EIR No. 36, the
Supplement, Second Supplement, and Addenda Nos. 1, 21 314, 51 69718, 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 proposed changes to the project would not require additional
mitigation measures or significant deletions /modifications to the mitigation measures included in the Final EIR,
as well as the Supplemental, Second Supplemental, and Addends Nos. 1, 21 314, 51 62 7, 8, 9, 10, 11, 12, 13,
14, 15, 16 and 17 to EIR No. 36.
Section 5: While the implementation of mitigation measures as discussed in Final EIR No. 36 and the
Supplemental, and the Second Supplemental, and Addenda EIR Nos. 1, 21 31 41 51 617, 81 97 109117 12, 13,
14, 15, 16 and 17 to EIR 36 will further reduce these impacts, it is not possible to entirely eliminate cumulative
impacts to the areas of concern listed in Section 1, above. Therefore, the Findings and Statement of
Overriding Considerations, as provided in Final EIR No. 36, are hereby incorporated by reference.
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Section 6:' All findings, attachments and Statement of Overriding Considerations contained in
Resolution Nos. 92 -53, 92 -1157 93 -89, 94 -71 and 96 -15, as adopted by the City Council on June 1, 19927
December 7, 1992, October 5, 1993, September 6, 1994, March 11, 1996 and September 3, 19967
respectively, are hereby incorporated by reference.
Section 7: 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 Addendum No. 17 to Environmental Impact Report No. 36, based on the City
Council's determination that the document was completed in compliance with the requirements of the
California Environmental Qualitv Act and State and local guidelines with respect thereto.
Attest:
PASSED, APPROVED, and ADOPTED this 20th I
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004-
27 was duly and regularly passed and adopted by the said City Council at a regular meeting held on April 20,
2004.
P
City Clerk
Resolution No. 2004 -27
Page 6 of 6
Resolution No. 2004 -27 - Exhibit "A"
ADDENDUM NO. 17
TO
ENVIRONMENTAL IMPACT REPORT NO. 36
In conjunction with the requirements of the California Environmental Quality Act (CEQA), as well
as State and Local CEQA Guidelines, the City Council has reviewed proposed Revision "V ",
which includes: 1) an amendment to Conditional Use Permit No. 162, Conditions Q -2, Q -3 and Q-
4, regarding "Maximum Habitable Space "; 2) an amendment to Conditional Use Permit No. 162,
Conditions S -2 and S -3 and a Grading Permit for a subterranean garage on Lot #2 of Tract No.
50667; and 3) amendments to clear up specific ambiguities in the existing conditions of approval;
and finds as follows:
That the proposed request would not result in any new or increased impacts to the environment
that are not already analyzed within EIR No. 36, because it merely provides for allowing
basement areas of one -story structures to be excluded from the existing 30% "Maximum
Habitable Space" requirement in Tract No. 50667, but requires that the basement habitable area
be added to the first floor habitable area in complying with the existing "Maximum Habitable
Space Square Footage" requirement, and allows a subterranean parking garage on Lot #2 of
Tract No. 50667. Further, Revision "V" will serve to only clarify existing ambiguities found in
certain existing conditions of approval. No significant impacts will result from the proposed
changes. More specifically, the change 1) will not be readily visible from surrounding properties
or the public right of way, 2) the proposed improvements will occur in areas that will not cause
any significant view impairments, 3) there will be no parking or traffic related impacts as a result
of the proposed changes, 4) there will be no impacts to geology as a result of the proposed
changes, 5) that some of the changes will only clarify the completion dates for certain project
amenities, and 6) there have been no substantial changes to the Project or to the environment
that would cause the Project to significantly impact the environment, nor does the proposed
amendment affect a change that would impact the environment in any manner that was not
previously considered and mitigated to the extent feasible.
Resolution No. 2004 -27
Exhibit A