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CC RES 1994-076RESOLUTION NO. 94 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL, THEREBY APPROVING REVISIONS TO GRADING PERMIT NO. 1541 FOR A RESIDENTIAL PLANNED DEVELOPMENT, GOLF COURSE AND PUBLIC OPEN SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 230041 LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH COMPRISE THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93 -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 Subregions 7 and 8; and, WHEREAS, on August 12, 19921 after finding that an appeal of the City's approval of the project raised substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes for reconsideration; and, WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92 -115 approving the Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 92 -116, 92 -117, 92 -118 and 92 -119 approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal 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. In addition, on November 5, 1993, the Coastal Commission adopted revised and expanded findings in conjunction with the project; and, WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93 -89 approving a second Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 93 -90, 93 -91, 93 -92 and 93 -93 respectively re- approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and, WHEREAS, on July 27, 1994, Palos Verdes Land Holdings Company and Zuckerman Building Company, 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, 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 August 9, 1994 and August 23, 1994, after notice issued pursuant to the provisions of the Development Code, the Planning Commission held a public hearing to consider Draft Addendum No. 3 to Environmental Impact Report No. 36 and the proposed Revisions to the Ocean Trails project, and at the conclusion of the duly noticed public hearing, the Planning Commission adopted P.C. Resolution Nos. 94 -38 through 94 -44 recommending approval of Addendum No. 1 3 and revisions to Vesting Tentative Tract Map Nos. 50666 and 50667 to City Council, approving revisions to Conditional Use Permit Nos. 162 and 163 and Grading Permit No. 1541, and approving (new) Variance No. 380; and, WHEREAS, on August 25, 1994, Palos Verdes Land Holdings Company submitted a written appeal, within the fifteen (15) appeal period, so that the City Council could consider all of the revised Ocean Trails Project applications. WHEREAS, on September 6, 1994, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider Draft Addendum No. 3 to Environmental Impact Report No. 36 and the Proposed Revisions to the Ocean Trails project, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on September 1, 1994, copies of the draft Addendum No. 3 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revisions to the Ocean Trails project, the City Council independently reviewed and considered the information and findings contained in Draft Addendum No. 3 to EIR No. 36 and determined that the document was prepared in compliance with the requirements of the California Environmental Quality Act and local guidelines, with respect thereto. 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. 3 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. 94 -76 Page 2 of 4 This is so, since the revised project will result in a slight decrease in the impacts identified in the previous EIR, since the number of single family residential lots will be decreased from eighty three (83) to seventy five (75) lots; the golf course clubhouse, affordable housing complex and maintenance facility will be located in areas of the site previously to be occupied by single family residential lots; the design of the clubhouse steps down with the terrain so that the upslope portion of the structure will not exceed the previously permitted 30 feet height limit and only architectural elements (a stairway tower and two chimneys) will exceed the previously approved ridge height by 8 feet in order to articulate the building mass and add visual interest; the amount of public open space and golf course is being increased by 9.8 acres and 2.1 acres, respectively; the amount of public parking will be increased by 75 spaces; and, public trails through the site will be increased. Therefore, based on the review of Draft Addendum No. 3 to Environmental Impact Report No. 36 prepared in association with the proposed revisions 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 hereby incorporates into this P.C. Resolution, by reference, the Final EIR No. 36, the Supplemental EIR, Addendum Nos. 1 and 2, and Resolution No. 92 -115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein). Section 2: Pursuant to Section 17.50.070 of the Development Cade, the City Council, in approving the revisions to Grading Permit No. 1541, finds as follows: A. That the grading associated with the project is not excessive beyond that necessary for the permitted primary use of the property, since the grading has been limited to that necessary to (i) create the residential lots in such a fashion that development of homes on the lots will not adversely impact public and private views, (ii) construct a links -style golf course in which preservation of natural open space is maximized and (iii) make improvements to Palos Verdes Drive South which are necessary for safety reasons. In addition, grading will be balanced on the site with no export of excavated material. B. That the grading and /or construction does not significantly adversely effect the visual relationships with, nor the views from neighboring sites, since the 18 -hole golf course is designed to conform with existing topography, to the fullest extent possible, and the grading for the residential lots will lower pad elevations to preserve views from adjacent properties and visual corridors identified in the Coastal Specific Plan when viewed from Palos Verdes Drive South and adjacent properties. C. That the nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural, since the majority of the project site will conform with the existing gently sloping topography, with a significant portion remaining as undeveloped open space. Resolution No. 94 -76 Page 3 of 4 Section 3: All mitigation measures required in Final Environmental Impact Report No. 36, the Supplement to EIR No. 36, Addendum Nos. 1 and 2 to EIR No. 36 and Draft Addendum No. 3 to EIR No. 36, are hereby incorporated by reference into the conditions of approval for the approval of revisions to Grading Permit No. 1541, Section 5: 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 upholds the appeal, thereby approving revisions to Grading Permit No. 1541, subject to: 1) the conditions of- approval attached in Exhibit "A", which are necessary to protect the public health, safety and general welfare; 2) the approval of revisions to Vesting Tentative Tract Map Nos. 50666 and 50667; 3) approval of Draft Addendum No. 3 to Environmental Impact Report No. 36; and, 4) approval of any amendments to the Coastal Development Permit issued by the California Coastal Commission. PASSED, APPROVED, and ADOPTED this 6th day of September 1994. ATTEST: CITY CL SvTATE 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. 94 -76 was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 6, 19949 CP /0T3:CCGR 1541.OT3 Jo t,P -cell, City Clerk Cit of Rancho Palos Verdes d E Resolution No. 94 -76 Page 4 of 4 EXHIBIT "A" GRADING PERMIT NO. 1541 CONDITIONS OF APPROVAL A. GENERAL 11 Within thirty (30) days of approval of the Grading Permit, the developers shall submit, in writing, a statement that they have read, understand and agree to all the conditions or approval contained in this exhibit. B. GRADING PLAN 1. Prior to recordation of each Final Map or prior to issuance of grading permits, whichever occurs first, a final grading plan shall be approved by the City Engineer and City Geologist, by manual signature. This grading plan shall be based on a detailed engineering, geology and /or soils engineering report(s) and shall specifically be approved by the City Geologist and /or soils engineer and comply with all recommendations submitted by them. It shall also be consistent with the vesting tentative tract maps and conditions, as approved by the City. 2. All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a Restricted Use Area on each Final Map, in which the erection of buildings or other structures shall be prohibited. 3. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the City Engineer. 4. Prior to issuance of grading permits and or recordation of the final map, whichever occurs first, written approval must be obtained from the owners of adjacent properties within the City where off -site grading for trails is proposed or may result. 51 A note shall be placed on the approved grading plan that requires the Director of Planning, Building and Code Enforcement' approval of rough grading prior to final clearance. The Director (or a designated staff member) shall inspect the graded sites for accuracy of pad elevations, created slope gradients, and pad size. The developer or its designee shall provide certification for all grading related matters. 6. All of the recommendations made by the City Engineer and City Geologist during their on -going review of the project shall be incorporated into the approved grading plans. 7. All of the recommendations of the project geologist, except as modified by the City Geologist, will be incorporated into the design and construction of the project. 8. All natural and created slopes greater than 3:1 shall be designated as Restricted Use Areas on the Final map. 9. Prior to issuance of a building permit, an independent Geology and /or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted to and approved by the City Geologist in conformance with accepted City practice. Such soils are defined by Building Code Section 2904(b). 10. Prior to issuance of a building permit, an as- graded soils and geologic report(s), complete with geologic map shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. 11. Prior to issuance of a building permit, an as -built geological report(s) for structures founded on bed rock and an as -built soils and compaction report for structures founded on fill and all engineered fill areas shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. C. CONSTRUCTION PLAN 1. Prior to the issuance of grading permits, a construction plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval. Said plan shall include, but not be limited to a phasing plan, limits of, grading, estimated length of time for rough grading and construction of improvements, location of construction trailers, construction signs and equipment storage areas and the location and type of temporary utilities. 2. Prior to the issuance of grading permits and /or building permits, a program to control and prevent dust and windblown earth problems shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval. Methods may include, but shall not be limited to, on -site watering and vegetative planting. 3. If feasible, the water used to control fugitive dust shall not be taken from primary potable water sources. Instead, the developer shall explore other options such as using reclaimed "grey water" or other non - potable water to control dust on the site during construction, subject to the review and approval of the Director of Planning, Building and Code Enforcement and the Los Angeles County Health Department. 4. The hours of operation for grading and construction activities shall be limited from Monday to Friday, 7:00 a.m. to 7:00 p.m. and Saturday, 7:00 a.m. to 5 :00 p.m. No grading or construction activities shall be conducted on Sunday or legal holidays recognized by the 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. 5. Flagmen shall be used during all construction activities, as required by the Director of Public Works. 6. The use of a rock crusher on the site is prohibited. 7. Noncompliance with the above construction and /or grading restrictions (Conditions B.1 through B.6) shall be grounds for the City to stop work immediately on the property. D. GRADINGfCONSTRUCTION ACTIVITY 1. All grading shall be monitored by a licensed engineering geologist and /or soils engineer in accordance with applicable provisions of the Municipal Code and the recommendations of the City Engineer. 2. All grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls," and Chapter 70, "Excavation and Grading" of the Uniform Building Code. Resolution No. 94 -76 Exhibit "A" Page 2 of 3 3. Unless otherwise provided in these conditions of approval or permitted by the Director of Planning, Building and Code Enforcement, the project shall comply with all appropriate provisions of the City's grading ordinance (Chapter 17.50 Grading), 4. All grading activity on the site shall occur in accordance with all applicable City safety standards. 5. All grading shall be balanced on- site. However, should earth, rock or other material be required to be hauled from the project site, a revision to the grading permit, pursuant to requirements of the Development Code, shall be obtained. 6. No construction of permanent structures shall be allowed closer than twenty -five (25) feet landward of the Coastal Setback Zone. Grading within the Coastal Setback Zone shall be limited to that required for construction of approved trails, parks, vista points, and golf course holes, as indicated on the approved site plans. 7. Areas of the site that are not to be disturbed during grading or construction, or that are to be protected in accordance with the mitigation monitoring program established in Environmental Impact Report No. 36, shall be temporarily fenced during construction, subject to the review and approval of the Director of Planning, Building and Code Enforcement . 8. Where feasible, and subject to the review and approval of the Director of Planning, Building and Code Enforcement all graded slopes shall be "landform" graded so as to closely reflect naturally occurring topographic contours. Slope gradients shall be natural and no abrupt changes between natural and graded slopes shall be permitted. 9. All proposed retaining walls to be constructed shall be subject to review by the Director of Planning, Building and Code Enforcement with subsequent review by the Planning Commission, if required, for review and approval pursuant to Section 17.50 of the Rancho Palos Verdes Development Code. 10. No created slopes within the tract shall exceed 2:1, unless approved by the Director of Planning, Building and Code Enforcement. 11. All graded slopes shall be properly planted and maintained. Plants shall be selected that are drought tolerant, capable of developing deep root systems and shall generally consist of low ground cover to impede water flow on the surface. Watering for establishment of said plant material shall be done in cycles that will promote deep rooting. Watering shall be diminished or stopped just prior to and during the rainy season or upon establishment of the plant material, whichever occurs first. To provide greater slope protection against scour and erosion, all graded slopes shall be covered with a jute mat to provide protection while the ground cover is being established. If appropriate, the Director of Planning, Building and Code Enforcement may approve an alternative material or method to control erosion. 12. Foundations and floor slabs cast on expansive soils shall be designed in accordance with Los Angeles County Code Section 2907 -i. CP 10T3:CCGR 1541 C.OT3 Resolution No. 94 -76 Exhibit "A" Page 3 of 3