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CC RES 1999-010 RESOLUTION NO.99-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ADDENDUM NO.7 TO ENVIRONMENTAL IMPACT REPORT NO.36 IN CONNECTION WITH REVISION"H"TO THE OCEAN TRAILS PROJECT FOR A 75 LOT RESIDENTIAL PLANNED DEVELOPMENT, PUBLIC OPEN SPACE,AND 18-HOLE PUBLIC GOLF COURSE WITH RELATED FACILITIES 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,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 January 15, 1999,Ocean Trails, L.P.,submitted an application package to the City of Rancho Palos Verdes requesting approval for certain revisions to the approved Ocean Trails project,including, but not limited to,changing 6 of the residential lots within VTTM 50667 from flat pad lots to split level lots,which includes 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 application included a request to modify 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 January 28, 1999,copies of the Addendum No.7 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "H"to the Ocean Trails project,the City Council independently reviewed and considered the information and findings contained in Addendum No. 7 to EIR No. 36 and revised Mitigation Monitoring; and, WHEREAS, on February 2, 1999, after notice issued pursuant to the provisions of the Development Code,the City Council held a public hearing to consider draft Addendum No.7 to Environmental Impact Report No.36 and the proposed Revision"H"to the Ocean Trails project,at which time all interested parties were given an opportunity to be heard and present evidence. Resolution No.99-10 Page 2 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE,AND RESOLVE AS FOLLOWS: Section 1: The proposed physical changes to the project,which include changing 6 of the residential lots within VTTM 50667 from flat pad lots to split level lots,which includes 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, and 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,will all be located in areas of the subject property which were previously identified as part of the developed portion of the project. Therefore, pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 7 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. 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 there are no new significant environmental impacts that were not considered in the previous EIR, Supplement and previous Addenda thereto. 3. That there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR; that significant effects previously examined will not be substantially more severe than shown in the EIR; that no mitigation measures or alternatives,previously found not to be feasible,would now in fact be feasible and would substantially reduce one or more significant effects of the project; or that no mitigation measures or alternatives which were not previously considered in the EIR,would now substantially lessen one or more significant effects of the environment. Section 2: In approving Addendum No.7 to EIR No.36,the City Council has reviewed and considered the Addendum No. 7 document, attached hereto and made a part thereof as Exhibit"A". Section 3: The Addendum No. 7 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, and the Supplement and Addenda Nos. 1,2,3,4,5 and 6 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 Resolution No. 99-10 Page 3 of 5 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts Section 4:That implementation of the changes to the physical configuration of the project would not require additional mitigation measures or deletions/modifications to the mitigation measures included in the Final EIR, as well as the Supplemental and Addends Nos. 1,2, 3,4, 5 and 6 to EIR No. 36. Section 5: While the implementation of mitigation measures as discussed in Final EIR No. 36 and the Supplemental and Addenda EIR Nos. 1,2, 3,4, 5 and 6 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. Section 6: The Mitigation Monitoring Program contained in Resolution No. 96-72, as adopted by the City Council on September 3, 1996 is hereby revised by revising Mitigation Measures#1 and#86 as follows: The project proponent shall ensure that project construction activities apply with applicable City noise restrictions. Construction activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Except that the project proponent shall be allowed to conduct limited construction activity on Sundays from 2/6/99 through 3/21/99, between the hours of 8:00 a.m.6:00 p.m. Limited construction activity shall include;fine shaping of tees and greens, installation of irrigation and drainage, planting, construction of rock walls. No major dirt moving or use of large grading equipment shall be permitted. Work is only permitted in the area shown on the approved map. No deliveries to the site shall occur on Sunday. If the Director of Planning, Building and Code Enforcement determines that the construction activity occurring on Sundays from 2/6/99 through 3/21/99 is causing an adverse impact to the public,then the Director of Planning, Building and Code Enforcement can restrict the hours or eliminate the work from occurring on subsequent Sundays. Approval of these extended hours does not release the developer from compliance with all other conditions and mitigation measures which have been imposed upon this project, including but not limited to, ground water monitoring program compliance, and the completion of plans and/or facilities necessary to support the golf course which is being installed City. No on-site maintenance of equipment or vehicles shall be permitted before or after the hours indicated. No truck or construction vehicle queuing shall occur before 7:00 a.m.on Monday through Saturday and 8:00 a.m. on Sundays(from 2/6/99 through 3/21/99). Section 7: All findings, attachments and Statement of Overriding Considerations contained in Resolution Nos. 92-53, 92-115, 93-89, 94-71 and 96-15, as adopted by the City Council on June 1, 1992, December 7, 1992, October 5, 1993, September 6, 1994, March 11, 1996 and September 3, 1996, respectively, are hereby incorporated by reference. Section 8: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings,the City Council of the City of Rancho Palos Verdes hereby approves Addendum No.7 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 Quality Act and Sate and local guidelines with respect thereto. Resolution No. 99-10 Page 4 of 5 PASSED,APPROVED, and ADOPTED this 2nd day of February 1999. MAYOR ATTEST: lop 2, Cl� 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. 99-10 was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 2, 1999. / /i) C Clerk City c�Rancho Palos Verdes Resolution No.99-10 Page 5 of 5 Resolution No.99-10 Exhibit"A" ADDENDUM NO.7 TO ENVIRONMENTAL IMPACT REPORT NO.36 The City Council has reviewed the proposed Revision "H"to the Ocean Trails project in conjunction with the requirements of the California Environmental Quality Act(CEQA),as well as State and Local CEQA Guidelines, and find as follows: The proposed changing 6 of the residential lots within VTTM 50667 from flat pad lots to split level lots,which includes 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,and 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,would not result in any new or increased impacts to the environment since these improvements would be located in areas of the subject property that were previously identified as part of the developed and/or graded portion of the project, and since the views of the ocean, Catalina Island and the coastline from Palos Verdes Drive South would not be adversely impacted and in fact may be improved.The reconfiguration to the boundaries of three residential lots and common open space Lot H does not result in any new or increased impacts to the environment,since the minimum required open space for VTTM 50667 will be maintained and there will be no net decrease in the acreage of protected habitat, and the maximum allowable residential habitable space will not change. Further,the temporary change in construction hours to permit construction activity to occur on Sundays will not have any adverse impacts given the minor nature of the proposed construction activity, limited number of days (7 consecutive Sundays)that the construction will occur, and the large distance from the construction area to the nearest residents.