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CC RES 1999-013 RESOLUTION NO.99-13 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 "H"TO THE OCEAN TRAILS PROJECT (VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS.20970 AND 23004)AND FINDING THAT SAID REVISIONS ARE IN SUBSTANTIAL CONFORMANCE WITH VESTING TENTATIVE TRACT MAP NO.50667, 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 No. 99-13 Page 1 of 7 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 ;n 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 Resolution No. 99-13 Page 2 of 7 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 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 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 Program; 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 on February 2, 1999 and February 16, 1999, after notice issued pursuant to the provisions of the Development Code,the City Council held a public hearing to consider 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE,AND RESOLVE AS FOLLOWS: Section 1: In considering the proposed revisions to the project,the City Council has determined that the preparation of Addendum No. 7 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). Resolution No.99-13 Page 3 of 7 Therefore, based on the review of Draft Addendum No. 7 to Environmental Impact Report No. 36 prepared in association with the proposed Revision "H"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,Addenda Nos. 1,2,3,4,5 and 6 Resolution No.92-115 (which includes,without limitation,the detailed statement of overriding considerations set forth therein). Section 2: Pursuant to Sections 17.06.030 and 17.56.060 of the Development Code,the City Council, in approving the revisions to Conditional Use Permit No 162 to implement the Residential Planned Development,finds as follows: A. That the proposed 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. With 75 residential units on approximately 77.2 acres,the density is balow one dwelling unit per acre and,therefore, consistent with the General Plan. 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. B. That the proposed residential use is specifically permitted and the proposed residential density is consistent with the Residential Single Family,One Dwelling Unit Per Acre (RS-1) zoning designation and the requirements of a Residential Planned Development(RPD)special district, as shown on the City's Official Zoning Map. The project provides a minimum of thirty percent of the Residential Planned Development as common open space,which open space is sited in a manner that is accessible to viewing by the general public from public roads and walkways and preserves views to the coast. C. That given the adjacent land uses and the project's location and design, as modified herein, and 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, golf course and public open space, and that the Residential Planned Development complies, or is conditioned to be consistent with,the Development Standards contained in Development Code Section 17.06.040. D. 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. E. That,given the site location, project design,and conditions imposed through this permit and attached hereto as Exhibit"A", including setbacks, heights, lighting, landscaping,fencing and other 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. Resolution No. 99-13 Page 4 of 7 F. That the proposed project,as conditioned,mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. 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 implements the RS-1/RPD designation of the site as shown in the Official Zoning Map,General Plan, and Coastal Specific Plan,while preserving a minimum of thirty (30) percent of each tract as common open space,exclusive of the golf course uses,with public parking,trails, and vista points that will provide public recreational opportunities and preserve public vistas and habitat areas. Section 3: As a result of this revision to lower the pad elevations of lots#18, 19, and 20 of VTTM 50667,the rear property lines of said lots,which were established through the approval of VTTM 50667,will be moved slightly to the south. This minor change in rear lot line location for lots #18, 19, and 20 is in substantial compliance with VTTM 50667 for the following reasons: 1. The number, and therefore,the density of the single family residential lots is the same as the original approval. 2. The sizes and dimensions of the single family residential lots are generally consistent with the approved project. 3. The layout of the public streets and trails are consistent with the approved project, and provide the same connections as were provided in the original approval. 4. Although,as a result of the increase in size of the subject lots, open Space Lot H will decrease in size from 14.40 acres to 14.13 acres and the tract open space will decrease from 38.40%to 37.58%,there will be no significant impacts as the total amount of open space will still remain much grater than the 30% amount required as originally approved. Section 4: The mitigation measures contained in the revised Mitigation Monitoring Program attached as Exhibit"B"to Resolution No.99-10 are hereby incorporated by reference into the Conditions of Approval for the revisions to Conditional Use Permit No. 162. Section 5: 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 6: For the forgoing reasons, and based on information and findings contained in the public record, including Staff Reports, Minutes, records of proceedings, and evidence presented at the public hearings,the City Council of the City of Rancho Palos Verdes hereby approves Revision"H"to Conditional Use Permit No. 162,amending conditions S-2 and S-3,and adding condition A-5,as shown in the attacxhed Exhibit "A", which are 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. Resolution No. 99-13 Page 5 of 7 PASSED,APPROVED,and ADOPTED this 16th day of February 1999 i/ ALA/" MA O' ATTEST: 1 ,to CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I,Jo Purcell, City Clerk of the City of Rs echo Palos Verdes,hereby certify that the above Resolution No.99-13 was duly and regularly passed and aaJpted by the said City Council at a regular meeting held on February 16, 1999. tt Clerk Resolution No. 99-13 Page 6 of 7 RESOLUTION NO.99-13 EXHIBIT"A" CONDITIONAL USE PERMIT NO. 162-REVISION "H" CONDITIONS OF APPROVAL FOR A RESIDENTIAL PLANNED DEVELOPMENT A. DEVELOPER AGREEMENT 5. Prior to the approval of the Final Map for Vesting Tentative Tract No. 50666,the developer shall submit for review and approval by the City Council,a revision to Conditional Use Permit No. 162 that improves views by reducing some of the ridge heights within Vesting Tentative Tract No. 50666. Revision options available to the developer may include, but are not limited to, lowering pad elevations, lowering the maximum building height, creating two-story split level pads which may result in increasing lot size and buildable area, revising setbacks, or other methods. S. HEIGHTS 2. For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos.4 through 13,24 and 25 are designated as Lot Type A. Lot Nos. 1 through 3 are designated Lot Type B. Lot Nos. 14 through 17 and 26 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos.22 and 23 are designated Lot Type E. 3. Building heights for all residential structures are limited as follows: Lot Type A: 16 feet Lot Type B: 15 feet Lot Type C: 26 feet Lot Type D: 16 feet from upper pad, and 26 feet from lower pad Lot Type E: 21 feet from upper pad, and 26 feet from lower pad • Resolution No.99-13 Page 7 of 7