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CC RES 2001-015 RESOLUTION NO. 2001-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO CONDITIONAL USE PERMIT NO. 162 FOR A RESIDENTIAL PLANNED DEVELOPMENT IN CONNECTION WITH REVISION "P"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 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 Resolution No. 2001-15 Page 2 of 8 trails easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for compliance; and, WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution No. 97-44 approving Revision "D" to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 162 (Residential Planned Development)to modify the minimum rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the proposed residences and the potential brush fires that may occur on the adjacent habitat area; and, WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-32 approving Revision "E"to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course improvements; and, WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-59, approving Revision "F" to the Ocean Trails project, which involved, modifying the configuration of Streets"C"and "D"and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667 to accommodate the final location of the Foundation Setback Line, and a revision to Conditional Use Permit No. 162 (Residential Planned Development) to address maximum building height; and, WHEREAS, on 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 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, Resolution No. 2001-15 Page 3 of 8 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 April 4, 2000, Ocean Trails, L.P., submitted a letter to the City of Rancho Palos Verdes requesting approval for Revision "P"to the Ocean Trails project to revise the Conditions of Approval for CUP No. 162, CUP No. 163, VTTM No. 50666 and VTTM No. 50667, so as to provide the Ocean Trails project other options in meeting its affordable housing requirements, and convert the existing vacant affordable housing site (Lot No. 37 of Tract No. 50667)to a parking lot; 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. 11 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "P"to the Ocean Trails project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 11 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. 11 to Environmental Impact Report No. 36 and the proposed Revision "P"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: As approved by the City Council, this application permits Amendment P to Conditional Use Permit No. 162, allowing Ocean Trails an extension of time to provide for rent the 4 on-site affordable housing units, from"prior to one year from the opening of the clubhouse"to"prior to the opening of the 18- hole golf course". The City Council denied the developer's request to pay a fee in-lieu of providing the required affordable housing units, or other alternatives to meet the affordable housing requirements, and to allow Ocean Trails to construct a parking lot at the existing vacant affordable housing lot(Lot No. 37 of Tract No. 50667), as the developer could not provide sufficient evidence that it was not feasible to provide the 4 on- site affordable units at the Ocean Trails site. Resolution No. 2001-15 Page 4 of 8 Section 2: In considering the proposed revisions to the project, the City Council has determined that the preparation of Addendum No. 11 to Environmental Impact Report No. 36 is appropriate, since the subsequent changes in the project 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 environmental impacts, 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). This is so, since 1) the change will still provide for the timely construction of the originally approved 4 on-site affordable housing units, 2) the extension is warranted as the Ocean Trails project was subjected to severe impacts associated with the June 2, 1999 landslide, and 3) the timing of the installation of these units, which is prior to the opening of the 18-hole golf course, will still, as originally approved, co-inside with the timing of development of uses on the site that generate employees. Therefore, based on the review of Draft Addendum No. 11 to Environmental Impact Report No. 36 prepared in association with the proposed Revision "P"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 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, and 11, and Resolution No. 92-115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein). Section 3: Pursuant to Section 17.56.060 of the Development Code, in approving Revision "P" to Conditional Use Permit No. 162, the City Council finds as follows: A. That the golf course and related uses are consistent with the General Plan and its objectives. 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 shows 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. Further, that the project complies with the criteria set forth in the General Plan for the Natural, Socio/Cultural and Urban Overlay Control Districts on the site. As conditioned, the project preserves natural drainage courses and significant geologic, biologic and hydrologic features in compliance with the Natural Overlay Control District, protects areas that have significant historical, archeological or cultural importance in compliance with the Socio/Cultural District and preserves, protects and enhances public views and vistas in compliance with the Urban Overlay Control District. Additionally, the proposed project will be consistent with the General Plan Housing Element, and Draft Housing Element currently under review by HCD, as the proposed project ensures that the Ocean Trails project shall still provide for 8 affordable housing units, 4 of which will be located on-site (as originally approved). B. That the proposed golf course use is consistent with the City's Development Code as a conditionally permitted use in any district when deemed to be necessary or desirable for the public convenience or welfare and when the use is not contrary to the General Plan or its objectives or contrary to the Resolution No. 2001-15 Page 5 of 8 Coastal Specific Plan or its objectives and requirements. Public recreational uses, such as a golf course, are encouraged by policies of the Coastal Specific Plan and General Plan. A public golf course is necessary and desirable in that it will provide a cash surplus to the City, it will add to the views from adjacent properties and from Palos Verdes Drive South, it will permit expanded public access to the coast. Further, as current demand for golf tee times greatly exceeds supply for existing public golf courses on the Peninsula, many peninsula and City residents must travel great distances to golf. The City Council hereby finds that the proposed golf course is necessary and desirable for the public convenience and welfare and, as set forth in sections 2(A) &(B)above, it is not contrary to either the General Plan or the Coastal Specific Plan. C. That given the adjacent land uses and the project's location and design, as modified herein, and recommended conditions imposed through this permit, the 261.4 acre site is adequate in size and configuration to accommodate the proposed uses including a Residential Planned Development and golf course. D. That given the adjacent land uses and the project's location and design, as modified herein, and the recommended conditions imposed by Conditional Use Permit No. 162 Revision P, attached hereto as Exhibit "A", the site is adequate in lot size and configuration to accommodate the golf course, clubhouse, four affordable housing units and other related facilities. E. That the site is served by Palos Verdes Drive South which is an improved street designed to carry the type and quantity of traffic that would be generated by the proposed project. F. That, given the site location, project design, and recommended conditions imposed through this permit and attached hereto as Exhibit"A", including setbacks, heights, lighting, landscaping, fencing, hours of operation, and other recommended conditions, the proposed use will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values,jeopardize, endanger, or otherwise constitute a menace to the public health, safety, and welfare of persons in the surrounding area. G. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. In recommending approval, the City Council finds that the social, recreational, and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. The project provides visitor-serving uses in the coastal zone and, as a floating commercial use, the proposed golf course complies with permitted uses in the RS- 1/RPD and zone as shown in the Official Zoning Map, and with permitted single family residential uses as designated in the General Plan, and Coastal Specific Plan,while preserving and enhancing habitat areas and providing passive and active recreational uses with a bluff road, public parking, trails, and vista points that will provide public recreational opportunities and preserve public vistas. Section 4: That the proposed amendment is consistent with Government Code Section 65590, as the proposed project only amends the deadline to provide the 4 on-site affordable housing units from "prior to the opening of the clubhouse"to"prior to the opening of the 18-hole golf course", but still provides for 4 on- site and 4 off-site affordable housing units that will be provided for in the City, either in the Coastal Zone or within 3 miles of the Coastal Zone. Section 5: That the City Council has determined that pursuant to Government Code Section 65590(d) and 65590(g)(3), the developer has not provided sufficient evidence to show that it is not feasible to provide the 4 on-site affordable housing units at the Ocean Trails project site. Subsequently, the City Council has Resolution No. 2001-15 Page 6of8 denied the developer's request to provide a fee or other alternative in-lieu of providing the on-site affordable housing units. Section 6: 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 Conditional Use Permit No. 162. Section 7: 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 8: 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 "P"to Conditional Use Permit No. 162, amending condition D-1 by extending the deadline for providing affordable units from "prior to one year from opening of the clubhouse"to"prior to the opening of the 18-hole golf course", 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 /. Ili_ A MAY R - ATTEST: lam . ITY 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. 2001-15 was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 20, 2001. ,9 City Cl_rk Resolution No. 2001-15 Page 7 of 8 RESOLUTION NO. 2001-15 EXHIBIT"A" CONDITIONAL USE PERMIT NO. 162 -REVISION "P" CONDITIONS OF APPROVAL The following condition shall be revised to read as follows: D. AFFORDABLE HOUSING 1. The developer shall provide a minimum of four(4) dwelling units on-site as rental housing, which shall be affordable to very low to low income households. These units shall be provided on-site in conjunction with development of the golf course. Each unit shall contain at least 850 square foot of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided for each unit. The units shall be available for rent prior to the opening of the 18-hole golf course. A covenant which guarantees that the affordable units shall not revert to market rate for a minimum period of thirty years shall be recorded no later than the date of recordation of the final map. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low income levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment(if employed). Resolution No. 2001-15 Page 8 of 8