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CC RES 2001-012 RESOLUTION NO.2001-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 50666 FOR A RESIDENTIAL PLANNED DEVELOPMENT ON A 153.9 ACRE SITE WITH THIRTY-NINE (39) SINGLE FAMILY LOTS,A PUBLIC GOLF COURSE,AND PUBLIC OPEN SPACE IN CONNECTION WITH REVISION"Q"TO THE OCEAN TRAILS PROJECT LOCATED IN COASTAL SUBREGIONS 7 AND 8 WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18-hole golf course, a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east; and, WHEREAS, a Draft Environmental Impact Report(DEIR)was prepared and circulated for 45 days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public; and, WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps, and, due to the changes in the project, an Addendum to the Draft Environmental Impact Report(ADEIR)was prepared; and, WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City determined that the information submitted in the AEIR cited potential additional significant environmental impacts that would be caused by the revised project, and directed preparation of a Supplemental Environmental Impact Report(SEIR). The SEIR, which incorporates information and findings set forth in the Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19, 1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR, in conformance with the requirements of the California Environmental Quality Act; and, WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92-53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92-54, 92- 55, 92-56 and 92-57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and Grading Permit No. 1541 for a Residential Planned Development consisting of a total of eighty-three (83) single family dwelling units, an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos. 7 and 8; and, WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project raised 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 Resolution No.2001-12 Page 1 of 10 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; 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 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. 2001-12 Page 2 of 10 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. 98-58 approving Revision "F"to the Ocean Trails project which involved and amendment to Vesting Tentative Tract Map No. 50667 to modify the configuration of Streets "C" and "D" and Lot Nos. 1 through 13 to accommodate the final location of the Foundation Setback Line; 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; and, 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; and, WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision"I" to the Ocean Trails project, which included a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons. Revision "I" only amended the drainage for the east side of the Ocean Trails project, involving La Rotonda Canyon; and, WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re-activated; and, WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-55 approving Addendum No. 9 to Environmental Impact Report No. 36 and the proposed Revision "J" to the Ocean Trails project, which included 1), the conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners; 2)withdrawn by applicant; 3), the timing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy; 4), delay the construction of two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5), lower the approved residential building pad elevations and create split-level pads in VTTM No. 50666; 6), delay the payment of Resolution No.2001-12 Page 3 of 10 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 January 8, 2001, Ocean Trails, L.P., submitted a letter to the City of Rancho Palos Verdes requesting approval for Revision "Q"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 Ocean Trails not to re-pave Palos Verdes Drive South from La Rotonda Drive to the eastern City limits, but instead re-construct La Rotonda Drive from Palos Verdes Drive South to its end; 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 1, 2001, copies of the draft Addendum No. 12 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "Q"to the Ocean Trails project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 12 to EIR No. 36; and, WHEREAS, on February 6, 2001, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 12 to Environmental Impact Report No. 36 and the proposed Revision "Q"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 application would permit Amendment Q to VTTM No. 50666, allowing Ocean Trails to not re-pave Palos Verdes Drive South from La Rotonda Drive to the eastern City limits, but instead re- construct La Rotonda Drive from Palos Verdes Drive South to its end. Section 2: In considering the proposed revisions to the project, the City Council has determined that the preparation of Addendum No. 12 to Environmental Impact Report No. 36 is appropriate, since the proposed change to adjust the paving and re-construction of streets will not result in any new significant environmental impacts which were not previously identified and analyzed in Environmental Impact Report No. 36, that the subsequent changes will not result in an increase in any previously identified significant Resolution No. 2001-12 Page 4 of 10 environmental impacts, that there have been no changes to the project that would preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South(25th Street)from La Rotonda Drive to the eastern City limits if the City determines that construction of the Ocean Trails project has damaged the street segment of Palos Verdes Drive South from La Rotonda Drive to the eastern City limits, that the Addendum does not contain new information of substantial importance to the project and that only minor technical changes or additions are necessary to make Environmental Impact Report adequate under the provisions of the California Environmental Quality Act(CEQA). Therefore, based on the review of Draft Addendum No. 12 to Environmental Impact Report No. 36 prepared in association with the proposed Revision "Q"to the Ocean Trails project, 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 incorporate, 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 and 12, and Resolution No. 92-115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein). Section 3: That the creation of thirty-nine (39)single-family residential lots, golf course with related improvements and public open space, as conditioned, is consistent with the City's General Plan and Coastal Specific Plan. The General Plan land use map designates almost the entire project site as Residential, with a maximum density of one dwelling unit per acre, and designates the coastal bluffs as hazard areas. The General Plan provides for additional commercial recreational uses within the City as appropriate to a particular location, including golf, equestrian, tennis and other recreational activities, and designates the City's entire coastal area as a specific plan district. The Coastal Specific Plan land use map shows the following general uses for the project site: (a) Residential (with a maximum density of one dwelling unit per acre)for the vast majority of the property, (b) Hazard areas along the bluffs and in the westerly natural drainage course, (c) a floating Retail Commercial area, and (d) Recreational parking. The text of the Coastal Specific Plan expressly permits visitor-serving uses, such as a golf course, subject to satisfaction of the requirements for granting a conditional use permit under the Development Code. With 39 residential units on approximately 39.6 acres, the density is slightly below one dwelling unit per acre and, therefore, consistent with the General Plan and Coastal Specific Plan. Section 4: That the creation of thirty-nine(39)single-family residential lots, common open space, a public golf course, and public open space, as conditioned, is consistent with the City's Development Code for projects within the RS-1 zoning district under a Residential Planned Development. In addition, a minimum of 30 percent of the site will be maintained within the residential development as common open space, exclusive of the golf course. The 39-Lot Revised Site Plan does not contemplate construction of any structures on land currently zoned as Open Space Hazard. The majority of the subject property is zoned RS-1 (Residential Planned Development)with the bluff face and the southwesterly natural drainage course(commonly known as Forrestal Canyon) being zoned as Open Space Hazard (OH). In compliance with the requirements of the OH zoning district, the applicant will not construct any permanent habitable structures on land that is zoned Open Space Hazard. The RS-1 (RPD) zone requires a conditional use permit for any type of development(§ 17.06.050) and expressly permits single-family residential development and any other uses permitted under Chapter 17.02, including conditionally-permitted uses under Chapter 17.56, such as golf courses (§ 17.06.030). Accordingly, under Chapter 17.06 and Section 17.56.020 of the Development Code, residential development and a golf course and related facilities are permissible uses, subject to a conditional use permit. The Resolution No. 2001-12 Page 5 of 10 necessary findings with respect to the conditional use permits required in connection with the Residential Planned Development and golf course are contained in Resolutions Nos. 96-75 and 96-76, respectively. Furthermore, the residential portion of the project provides in excess of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible for viewing and access by the general public from public roads and walkways and preserves views to the coast. Section 5: That the provision of a continuous bluff road as provided in the Coastal Specific Plan and depicted on Figure 24 of the Coastal Specific Plan is infeasible due to geologic and geotechnical constraints affecting the property and because such a road would require substantial alteration to the natural canyon area on the western portion of the property commonly known as "Forrestal Canyon". The City geologist and geotechnical engineer have each concluded that the land upon which such a road would be built has not demonstrated sufficient stability to warrant the construction of a permanent road in that location. As an alternative, the project features the realignment of Paseo Del Mar as a bluff road cul-de-sac taking access from Palos Verdes Drive South and the vacation of the central portion of Paseo del Mar. There will be no dwelling units located seaward of this bluff road. The combination of the vacation of the central portion of Paseo del Mar,the realignment of Paseo Del Mar as a bluff road cul-de-sac taking access from Palos Verdes Drive South, and a public access easement over the clubhouse driveway and parking facilities to Forrestal Canyon, as provided in the revised applications and conditions of approval, is consistent with Coastal Specific Plan, Subregion 7, Policy No. 16 which states that"Paseo del Mar shall be improved to provide access to residential development and consideration shall be given to relocating Paseo del Mar southward or exchanging it for another access route closer to the bluff edge." The intent of Coastal Specific Plan, Subregion 7, Policy 19 is satisfied by the provision of an 8.9 acre Bluff Top Public Access Corridor with a minimum width of one hundred (100)feet located along the bluff top between Half Way Point Park and Shoreline Park. This Bluff Top Public Access Corridor contains a public pedestrian trail along the entire length of the corridor and an off-road bicycle trail through the central portion of the site. The City Council finds that the Bluff Top Public Access Corridor is similar in average width and area to any coastal bluff road which would otherwise be constructed, if geologically feasible, pursuant to Coastal Specific Plan, Subregion 7, Policy 19. The City Council further finds that there shall be no road seaward of the last row of dwelling units in the residential area located on the far western portion of the property because the adverse impacts of such a road outweigh its potential benefits. A road seaward of the last row of dwelling units in this area should not be connected to the proposed bluff road because such a connection would result in substantial alteration and damage to Forrestal Canyon and the significant biological resources located therein. Without such a connection, the City Council finds that such a road is unnecessary to provide vehicular access to the coast and the coastal bluff, adequate vehicular access having already been provided by the bluff road cul-de-sac and public access to the clubhouse driveway and parking facilities, as described above. Section 6: That the golf course and related uses are consistent with Coastal Specific Plan, Subregion 7, Policy 7 which states: "Ensure that any proposed commercial activity responds to the needs of the coastal residents and shall not be of an intensity which would purposefully generate a service area external of the coastal region." The City Council finds that the intent of the above policy is to limit traditional commercial development(such as retail and office uses)so as not to create a service area external to the coastal region and that such policy is not intended to apply to commercial recreational uses, which are encouraged by the General Plan and Coastal Specific Plan. The City Council's interpretation of this policy is consistent with other policies in the Coastal Specific Plan and with Resolution No. 82-24, which adopted Coastal Specific Plan Amendment No. 1 and specifically authorized visitor-serving uses, such as golf, in Subregion 7. Section 7: That the trails plan as shown in the revised "Site Plan for Conditional Use Permit Amendment Map No. 2" (dated June 19, 1996) submitted by the applicant, including the Class I Pedestrian Resolution No. 2001-12 Page 6 of 10 and Bike Trail segment in the area seaward of the western residential area, is consistent with the Coastal Specific Plan requirements relating to trails. The precise alignment of this particular trail segment varies between its description in the Coastal Specific Plan, its display on Access Corridors map in the Coastal Specific Plan (Figure 24) and its location on the Coastal Specific Plan Land Use Map. Because of these slightly different configurations, City Council finds that these descriptions and maps in the Coastal Specific Plan are intended to provide a generalized location for this trail segment. The City Council has considered these different alignments and found that the alignment of this segment as shown in the"Site Plan for Conditional Use Permit Amendment Map No. 2"(dated June 19, 1996) provides comparable public access, minimizes incompatibility with the active public recreational uses and,when connected to the • bluff road cul-de-sac via a bridge over Forrestal Canyon, provides linkage to the bluff road, bluff top areas and the remainder of the site. The City Council finds that in the absence of a road seaward of the last row of dwelling units in the western residential area (as described in Section 5 hereof), this trail segment should be located as shown in the revised"Site Plan for Conditional Use Permit Amendment Map No. 2"(date June 19, 1996). Section 8: That the golf course and related uses are consistent with Coastal Specific Plan policy and Section 17.06.040.C.8 of the Development Code, which require the area seaward of corridor improvements to be improved and either dedicated or permanently maintained through deed restriction for public use. Section 17.06.040.C.6 of the Development Code permits the preservation of open space by dedication, deed restriction or other appropriate methods approved by the City. In compliance with these provisions and policies, the East and West Bluff Preserves, Half Way Point Park, Half Way Point Preserve, the Bluff Top Public Access Corridor, the Bluff Top Wildlife Corridor(located between the West Bluff Preserve and Half Way Point Park) and the public paths, trails, parking and recreational areas associated with these public open space areas will be improved by the applicants and offered to the City for dedication. Furthermore, the golf course area will be improved by the applicants and permanently maintained through deed restriction for public use. The City Council specifically finds that the deed restriction on the golf course land constitutes permanently maintained public open space. Neither the Coastal Specific Plan nor Development Code expressly prohibit active public recreational uses, or require only passive public uses, for the area seaward of the conceptual bluff road. Section 9: For purposes of the Subdivision Map Act, the design of the subdivision, golf course, and the related improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat based on compliance with the City's Development Code, General Plan and Coastal Specific Plan and consideration of information contained in Draft, Supplemental, and Addenda to Environmental Impact Report No. 36. The City Council acknowledges that there is the difference between the term "significant impact" under CEQA and the term "substantial environmental damage" under the Subdivision Map Act. Draft EIR No. 36, Supplement to EIR No. 36, Second Supplement to EIR No. 36, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 to EIR No. 36 are required to base environmental findings on a"worst case" basis. As a result, the Final EIR and Addendum No. 1 conclude that significant impacts to biological resources remain after mitigation because of the loss of raptor foraging area and because of the temporal loss of Coastal Sage Scrub. Even with the 2:1 replacement of existing viable Coastal Sage Scrub and the other mitigation measures contained in the Final and Addendum No. 1 to EIR No. 36, the temporal loss of Coastal Sage Scrub, which serves as natural habitat for the California gnatcatcher, is considered significant due to the uncertainty that this species will be able to re-occupy the site after replacement of the Coastal Sage Scrub. These environmental findings are primarily the result of grading for the golf course, which itself has already been minimized through its links-type design. These specific findings and a corresponding statement of overriding considerations are contained in Resolution No. 92-115,which is hereby incorporated by reference. With the mitigation measures adopted by the City pursuant to Resolution No. 92-115, and revised pursuant to Resolution No. 96-72, the project will not result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat under the Subdivision Map Act. However, even assuming that the project did result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, such damage or injury would be caused primarily by grading for the golf course. The elimination of the golf course is not feasible because it would not satisfy an important objective Resolution No.2001-12 Page 7 of 10 of the project: to provide visitor-serving public recreational uses, which objective is encouraged by policies in the Coastal Specific Plan. For this reason, this alternative or mitigation measure has been rejected by the City Council. Pursuant to Resolution No. 92-115, the City has made a finding of infeasibility with respect to elimination of the golf course. Section 10: That the subject property is physically suitable to accommodate the revised Vesting Tentative Tract Map No. 50666, as conditioned, in terms of design and density. Section 11: That the creation of the lots, single family residential dwelling units, golf course, public open space, and related improvements will not be materially detrimental to property values, nor will it jeopardize, endanger, or otherwise constitute a menace to the surrounding areas, since physical improvements, dedications and maintenance agreements are required. Section 12: The City Council has considered the effect of the revised tract map on the housing needs of the region as set forth in the City's Housing Element, and balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, and finds that the revised tract map helps to achieve those housing needs without unreasonably burdening the public service needs of existing residents and available fiscal and environmental resources. Section 13: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract. Section 14: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). Section 15: That the design of the residential subdivision, golf course, and associated improvements are not likely to cause serious public health problems. Section 16: That the design of the residential subdivision, golf course, and the type of improvements associated with them, will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Further, public trail easements which are consistent with the policies of the General Plan and the Coastal Specific Plan are required as a condition of this approval. Section 17: That the design of the revised vesting tentative tract map provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Section 18: That the revised vesting tentative tract map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. Section 19: That dedications required by local ordinance are shown on the tentative map and/or are set forth in the conditions of approval attached hereto in Exhibit"A". Section 20: That the City considered the effect of approval of the residential subdivision on the housing needs of the region in which the City is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Section 21: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 22: The mitigation measures contained in 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, are hereby incorporated by reference into the Conditions of Approval for the revisions to VTTM No. 50666. Resolution No. 2001-12 Page 8 of 10 Section 23: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 24: 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 "Q"to VTTM No. 50666, amending condition 1-3, as shown in the attached Exhibit"A", 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 20th day of February 2001. /_ .L A MAYO`. ATTEST: 1 C 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. 2001-12 was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 20, 2001. Jo Purce , City Clerk City of ':ncho Palos Verdes Resolution No. 2001-12 Page 9 of 10 RESOLUTION NO. 2001-12 EXHIBIT"A" VESTING TENTATIVE TRACT MAP NO. 50666 - REVISION "Q" CONDITIONS OF APPROVAL The following conditions shall be revised to read as follows: STREETS 3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map,whichever occurs first and shall include a minimum fourteen (14)foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum ten (10)foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Additionally, the developer shall be responsible for the design and re-construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. Prior to June 1, 2001 or in conjunction with the construction of Phase 2 of Palos Verdes Drive South,whichever occurs first, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re-construction. Nothing in this Condition 1-3 shall preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South (25th Street)from La Rotonda Drive to the eastern City limits pursuant to Condition 1-5 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer(the"Engineer") to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and nonappealable. If the Engineer determines that the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended Condition 1-3. The amount of credit shall be equal to the difference between (1)the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road. Resolution No. 2001-12 Page 10 of 10