CC RES 1999-055 RESOLUTION NO.99-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING ADDENDUM NO. 9 TO
ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH
REVISION "J" 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 February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the proposed
Revision"H"to the Ocean Trails project,which included:changing 6 of the residential lots within VTTM 50667
from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street'B'within
the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the
approval included the modification of the project's mitigation measures and conditions of approval to allow
the permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays
through March 21, 1999.
WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution
No. 99-29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision"1"
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 May 17, 1999, Ocean Trails, L.P., submitted a letter to the City of Rancho Palos
Verdes requesting approval for nine amendments to the approved Ocean Trails project that 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), the conditions requiring view covenants for each residential parcel and
the golf course be removed; 3), the timing of the installation of ornamental fencing on each residential lot be
Resolution No.99-55
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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 and permit
landscaping to grow higher than 16'within 20'of the clubhouse building; 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), allow a change from standard street signs to a custom street sign which would be
maintained by the owner; and 9), revise the hours permitted for golf course landscape gardening and
maintenance by allowing the owner to submit a Maintenance Plan to be approved by the Director; and,
WHEREAS, on July 1, 1999, copies of the Addendum No. 9 to Environmental Impact Report No. 36
were distributed to the City Council and prior to taking action on the proposed Revision"J"to the Ocean Trails
project, the City Council independently reviewed and considered the information and findings contained in
Addendum No. 9 to EIR No. 36; and,
WHEREAS, on July 6 and July 20, 1999, after notice issued pursuant to the provisions of the
Development Code, the City Council held a public hearing to consider draft Addendum No. 9 to Environmental
Impact Report No. 36 and the proposed Revision "J"to the Ocean Trails project, at which time all interested
parties were given an opportunity to be heard and present evidence; and,
WHEREAS, at the Public Hearing, held on July 6, 1999, the applicant testified and verbally withdrew
his request for Amendment 2(deletion of the conditions requiring view covenants for each residential parcel
and the golf course) and Amendment No. 8 (to allow a change from standard street signs to a custom street
sign which would be maintained by the owner).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The changes to the conditions of approval and mitigation measures, which include;
Amendment No. 1, which revises the conditions requiring the establishment of a maintenance district by
eliminating the maintenance district and having the golf course owner be the sole responsible entity for
maintenance thereby eliminating the need for a maintenance district which includes the future residential
homeowners; Amendment No. 3, the timing of the installation of ornamental fencing on each residential lot
be delayed until prior to issuance of certificate of occupancy; Amendment No. 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; Amendment No. 5, lower the approved residential building pad elevations and create split-level pads
in VTTM No. 50666; Amendment No. 6, delay the payment of traffic impact fees to prior to issuance of
Building Permits for any residential structure located in Map No. 50666 or No. 50667,whichever occurs first;
Amendment No. 7, allow an increase in total building area of the clubhouse by permitting a basement space;
and Amendment No. 9, revise the hours permitted for golf course landscape gardening and maintenance by
allowing the owner to submit a Maintenance Plan to be approved by the Director, 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.
9 to the previously certified EIR, rather than the preparation of a subsequent or supplemental EIR, is
appropriate for the consideration of the proposed revisions to the Ocean Trails project, based on the following
findings:
1. That subsequent changes proposed to the project do not require important revisions to the previous
EIR, since there are no new significant environmental impacts that have been identified,which were
not considered in the previous EIR. This is evident through the visual analysis, which shows that by
lowering the pad elevations, the project will improve the views over the site as compared to the
previously approved project. Finally, traffic impact fees will be paid prior to the construction of any
of the proposed residential buildings thereby ensuring that the delay in paying the fee will not cause
any additional impacts than what have already been identified within the EIR.
Resolution No.99-55
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2. That substantial changes to the project would not occur with respect to the circumstances under
which the project is undertaken,which would require important revisions to the previous EIR, since,
as noted in#1 above, there are no new significant environmental impacts that were not considered
in the previous EIR, Supplement and previous Addenda thereto.
3. That there is no new information of substantial importance to the project which indicates that these
proposed changes will have one or more significant effects not discussed previously in the EIR; that
significant effects previously examined will not be substantially more severe than shown in the EIR;
that no mitigation measures or alternatives, previously found not to be feasible,would now in fact be
feasible and would substantially reduce one or more significant effects of the project; or that no
mitigation measures or alternatives which were not previously considered in the EIR, would now
substantially lessen one or more significant effects of the environment.
Section 2: The portion of Amendment No. 5, regarding the applicants request that the City permit
landscaping to grow higher than 16' within 20' of the clubhouse building, may cause significant adverse
environmental aesthetic impacts, specifically related to views. These potential environmental impacts that
were not identified in the Final EIR No. 36 or the Supplement and Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to
EIR No. 36, and is not part of this Addendum No. 9. Because the City Council has determined to deny this
aspect of the request, there is no need to address this issue in Addendum No. 9.
Section 3: In approving Addendum No. 9 to EIR No. 36, the City Council has reviewed and
considered the Addendum No. 9 document, attached hereto and made a part thereof as Exhibit"A".
Section 4:With the exception of Section 2 above which removes a portion of Amendment No. 5 from
this Addendum No. 9, the Addendum No. 9 to EIR No. 36 identifies no new potential significant adverse
environmental impacts to the areas listed below, beyond those already identities in the Final EIR No. 36, and
the Supplement and Addenda Nos. 1, 2, 3,4, 5, 6, 7 and 8 to EIR No. 36, as a result of the proposed revisions
to the Ocean Trails project:
1. Landform, Geology, and Soils
2. Hydrology and Drainage
3. Biological Resources
4. Cultural and Scientific Resources
5. Aesthetics
6. Land Use and Relevant Planning
7. Circulation and Traffic
8. Air Resources
9. Noise
10. Public Services and Utilities
11. Population, Employment and Housing
12. Fiscal Impacts
Resolution No.99-55
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Section 5: That implementation of the proposed changes to the project would not require additional
mitigation measures or significant deletions/modifications to the mitigation measures included in the Final EIR,
as well as the Supplemental and Addends Nos. 1, 2, 3, 4, 5, 6, 7 and 8 to EIR No. 36.
Section 6: 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, 6, 7 and 8 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 7: The Mitigation Monitoring Program contained in Resolution No. 96-72, as adopted by the
City Council on September 3, 1996 has slightly been revised by Addendum No. 9 as shown in the attached
Exhibit"A". As such, the Mitigation Monitoring Program contained in Resolution No. 96-72 along with this
Addendum No. 9 (as described in the attached Exhibit"A"), shall comprise the Mitigation Monitoring Program
in effect.
Section 8: 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 9: 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. 9 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 State and local guidelines with respect thereto.
PASSED, APPROVED, and ADOPTED this 20th day of July 1999.
7 L./
MAY*"Iv
ATTEST:
/ ' r
-a.
CI 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-
55 was duly and regularly passed and adopted by the said City Council at a regular meeting held on July 20,
1999.
• /
Jo Pu •ell, City Clerk
City elf Rancho Palos Verdes
Resolution No.99-55
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Resolution No. 99-55
Exhibit"A"
ADDENDUM NO. 9
TO
ENVIRONMENTAL IMPACT REPORT NO. 36
The City Council has reviewed the proposed Revision "J"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 change to the conditions of approval found within VTTM No. 50666,VTTM No. 50667, and CUP
No. 162, which revises the conditions requiring the establishment of a maintenance district by eliminating the
maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby
eliminating the need for a maintenance district which includes the future residential homeowners
(Amendment No. 1),would not result in any new or increased impacts to the environment that are not already
analyzed within EIR No. 36, because it still ensures that the specified facilities within the conditions will
continue to be maintained.
The proposed change to the conditions of approval found within CUP No. 162 and CUP No. 163, to delay the
timing of the installation of ornamental fencing on each residential lot to prior to issuance of certificate of
occupancy for each lot instead of prior to the sale of any lot within each workable phase (Amendment No.
3), would not result in any new or increased impacts to the environment that are not already analyzed within
EIR No. 36, because it merely delays the installation of decorative fencing to a time when the installation of
the ornamental fencing will not conflict with the construction of the residences, thereby improving the aesthetic
value of the proposed fencing by ensuring that the construction of the residences do not impact the
ornamental fencing.
The proposed change to the conditions of approval found within the Public Amenities Plan, to delay the
construction of two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the
Public Amenities Plan (Amendment No. 4) would not result in any new or increased impacts to the
environment that are not already analyzed within EIR No. 36, because it merely delays the construction of
the trails to a time when the grading of this portion of the project is underway, instead of constructing the trails
prior to grading in the area of the trails and potentially creating un-safe conditions for trail users.
The proposed change to lower the approved pad elevations of VTTM Nos. 50666 and changes to the
conditions of approval for CUP No. 162 for the proposed change to the pad configurations(i.e. flat pad to split-
level pad) (portion of Amendment No. 5), would not result in any new or increased impacts to the
environment that are not already analyzed within EIR No. 36, because the proposed changes will improve
the view over the Ocean Trails project by lowering the pad elevations and thereby lowering the ridge
elevations. However, the proposed change to the,conditions of approval for CUP No. 163, to permit
landscaping to grow higher than 16' (portion of Amendment No. 5) may cause new or increased aesthetic
(view) impacts to the environment that are not already analyzed within EIR No. 36, and therefore is not
addressed in this Addendum No. 9, because that portion of Amendment No. 5 is being denied by the City
Council.
The proposed change to the conditions of approval for VTTM Nos. 50666 and 50667, and Mitigation Measures
No. 77 and 78 to delay the payment of traffic impact fees to prior to issuance of Building Permits for any
residential structure located in Map No. 50666 or No. 50667, whichever occurs first (Amendment No. 6),
would not result in any new or increased impacts to the environment that are not already analyzed within EIR
Resolution No.99-55
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Resolution No. 99-55 •
Exhibit"A" (Continued)
No. 36, because the proposed change will still ensure that the impact fees are paid prior to the occupancy
of the residential structures. Further, the revised Mitigation Measures No. 77 and 78 shall read as follows:
77. For the intersection of Hawthorne at Palos Verdes Drive West, the project proponent shall
contribute to the addition of a second westbound left turn lane which will reduce the Saturday
value from 0.80 to 0.64. The project proponent shall contribute to the installation of these
improvements based on a"fair share"of the cost. This fair share shall be allotted only to new
traffic, since the need for the improvements is created by new trips, not the existing ones.
(To be completed prior to the issuance of Building Permits for the first residence within Tract
No. 50666 or Tract No. 50667, whichever occurs first).
78. For the intersection of Western at 25th Street, the project proponent shall contribute to the
addition of a second eastbound left-turn lane and a second southbound right turn lane which
will reduce the ICU value from 0.92 to 0.69. The project proponent shall contribute to the
installation of these improvements based on a"fair share" of the cost. This fair share shall
be allotted only to new traffic, since the need for the improvements is created by new trips,
not the existing ones. (To be completed prior to the issuance of Building Permits for the first
residence within Tract No. 50666 or Tract No. 50667, whichever occurs first).
The proposed change to the condition of approval for CUP No. 163, to allow an increase in total building area
of the clubhouse by permitting a basement space (Amendment No. 7), would not result in any new or
increased impacts to the environment that are not already analyzed within EIR No. 36, because the proposed
improvements will be located in an existing basement area and therefore will not cause any additional
aesthetic impacts to the Ocean Trails site.
The proposed change to the condition of approval for CUP No. 163, to revise the hours permitted for golf
course landscape gardening and maintenance by allowing the owner to submit a Maintenance Plan to be
approved by the Director (Amendment No. 9), would not result in any new or increased impacts to the
environment that are not already analyzed within EIR No. 36, because the revised condition creates a review
procedure that will ensure that there are no significant impacts to the surrounding neighborhoods.
On June 2, 1999 the Ocean Trails site was subjected to a major landslide affecting a large portion of the
graded golf course(specifically, a portion of the 18th hole). None of the proposed changes noted above will
have any effect on or will be affected by the landslide due to the nature of the proposed changes (i.e.
elimination of the maintenance district, change in timing for the installation of ornamental fencing, delaying
the construction of two trails, lowering building pad elevations and creating split-level building pads in a
different area of the project site, delaying the payment of traffic impact fees, allowing the use of an existing
basement space within the Clubhouse Building, and revising the hours of golf course maintenance).Actions
taken to address the landslide will be addressed separately in other documents in compliance with California
Environmental Quality Act.
Resolution No.99-55
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