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CC RES 1994-077RESOLUTION NO. 94 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL, THEREBY APPROVING VARIANCE NO. 380 TO ALLOW THE GOLF COURSE CLUBHOUSE TO EXCEED THE DEVELOPMENT CODE MAXIMUM HEIGHT LIMIT OF THIRTY (30) FEET BY A MAXIMUM OF SIXTEEN (16) FEET, IN ASSOCIATION WITH CONDITIONAL USE PERMIT NO, 163, LOCATED IN COASTAL SUBREGIONS 7 AND 8, 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, 1992, after finding that an appeal of the City's approval of the project raised substantial issues, 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 ( 3 0 ) 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. 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 f if teen (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 of 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) . 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. Resolution No. 94 -77 Page 2 of 5 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: That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other property in the same zoning district since, although there are other sites with the City's coastal zone where visitor serving uses are encouraged (such as Long Point and Subregion 1) which have more favorable geologic conditions than the subject property, none of these other sites are of sufficient size to accommodate an 18 hole public golf course, single family residential uses and public open spaces. Further, throughout the various approvals of the Ocean Trails project, the City and Coastal Commission have required the landowners to provide additional public open space, public access corridors, affordable housing and habitat preserves. As a result, the acreage devoted to the golf course has been significantly reduced from 138 acres in the original proposal ( January 1992 ) down to 106.4 acres (current revisions). In addition, the areas within the golf course that can accommodate the golf course clubhouse are further limited by the geologic constraints on the property. Therefore, there are unusual physical constraints on the site, which require the frugal use of the available buildable areas, and which are not typically found on other similar properties in the City. Section 3: That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners in the same zoning district since the underlying zoning on the clubhouse site is Residential (one dwelling unit per acre). However, provisions in the City's Local Coastal Plan encourage visitor serving uses in Subregion 7, and the Development Code allows a golf course in any zone through the issuance of a Conditional Use Permit. Therefore, it is appropriate to consider the development standards that could be permitted in a zoning district which includes a golf course as an allowed use. In the City's Commercial Recreational zoning district (which includes golf as an allowed use), structures are allowed to be a maximum of 48 feet in height, subject to the issuance of a Conditional Use Permit (see Development Code Section 17.24.040D). Therefore, the granting of a variance for a maximum 46 foot high structure, as measured from the seaward elevation, on the subject property would not be in excess of what could be allowed on a property which is zoned to allow a similar use. Resolution No. 94 -77 Page 3 of 5 Section 4: That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located since the clubhouse will be lower in elevation that the single family residences approved on the lots located between the clubhouse and Palos Verdes Drive South. The top of the clubhouse stairway tower (elevation 250 feet above sea level) will be twelve (12) feet below the ridge lines of the two story residences approved on Lot Nos. 7 and 8 (elevation 262 feet above sea level). Similarly, the top of the clubhouse stairway tower (elevation 250 feet) will be sixty ( 60 ) feet to thirty ( 30 ) feet lower than the ridge line of the homes on Street "Ell, parallel to Palos Verdes Drive South since Lot Nos. 21 and 14 will have maximum ridge heights of elevation 256 feet and elevation 280 feet, respectively. Therefore, the increased height of the clubhouse will not result in a change in the visual impacts of the project, as previously analyzed in Environmental Impact Report No. 36 and approved by the City. The properties which would be most effected by the additional height of the clubhouse would be the single family residential lots located at the end of the cul -de -sac on Street "B" (particularly Lot No. 7). The upper pad elevation of the clubhouse (elevation 212.0' above sea level) would be 24 feet below the pad level of Lot No. 7 ( elevation 236.0') . With a front ridge height of 30 feet, plus two chimneys and the stairway tower extending above this ridge height to maximum height of 38 feet, a portion of the clubhouse would be in the view, as seen from Lot Nos. 6, 7 and 8. However, considering the panoramic views of the coastline, ocean and Catalina Island that would be available from these lots, the City Council finds that the view obstruction caused by the clubhouse would not be significant. In addition, the split -level design of the clubhouse allows the golf cart facility to be located inside the building, on the lower level. The greater building height necessary to accommodate the indoor cart storage and maintenance facility would off -set the aesthetic impacts of having this use located in an unenclosed area. Section 5: That the granting of such a variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan since the configuration of the clubhouse would not adversely impact the public views from Palos Verdes Drive South, which are identified as sensitive public views in both the City's General Plan (Page 189, Figure 41) and Coastal Specific Plan (Page C -10, Figure 26). Any visual impacts are minimized by locating the structure in an area that is 100 feet below the average elevation of Palos Verdes Drive South, and by stepping the structure with the natural slope of the property, in order to minimize the upslope height of the building, as seen from this major arterial street. In addition, the varied and articulated roof design of the clubhouse, which is facilitated by the additional height, would compliment and blend with the visual corridor over the site. Both the General Plan (Page 191) and the Coastal Specific Plan (Page U -68) promote the use of creative design techniques to create appropriate development that has a positive impact on the visual character of the coastal zone. Section 6: All mitigation measures required in Final Environmental Impact Report No. 36, the Supplement to E IR No. 36, Addendum Nos. 1 and 2 to E IR No. 36 and Draft Addendum No. 3 to E IR No, 36, are hereby incorporated by reference into the conditions of approval for Variance No. 380. Resolution No. 94 -77 Page 4 of 5 Section 7: The maximum height of the golf course clubhouse shall not exceed thirty (30) feet in height, as measured from the highest point of finished grade to the main ridge line and thirty eight (38) feet in height, as measured from the grade adjacent to the lowest foundation of the structure to the main ridge line. However, the stairway tower and two chimneys may exceed the 30 foot height limit, but shall not exceed a maximum height of thirty eight (38) feet, as measured from the highest point of finished grade to the top of the roof feature and forty six (46) feet, as measured from the grade adjacent to the lowest foundation of the structure to the top of roof feature, in order to provide articulation and visual interest to the building. 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 upholds the appeal, thereby approving Variance No. 380, subject to: 1) the conditions of approval contained in Section 7 above, 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) the 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 SVATE 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 -77 was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 6, 194. CP /OT3:CCVAR380.OT3 Resolution No. 94 -77 Page 5 of 5