CC RES 1993-097RESOLUTION NO. 93 -97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES SETTING ASIDE CERTAIN
DECISIONS OF THE CITY COUNCIL REGARDING THE
OCEAN TRAILS PROJECT, WHICH WERE MADE ON JUNE
1, 1992 AND DECEMBER 7, 19929
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; Resolution No. 92 -54,
approving Vesting Tentative Tract Map No 50666 and Tentative
Parcel Map No. 23004; Resolution No. 92 -55, approving Vesting
Tentative Tract Map No. 50667 and Tentative Parcel Map No, 20970;
Resolution No. 92 -56, approving Conditional Use Permit No. 162,
Coastal Permit No. 103, and Grading Permit No. 1541; and
Resolution No. 92 -57, approving Conditional Use Permit No, 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 with a clubhouse and related facilities, and public open
space 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 the Addendum to Environmental Impact Report No, 36;
Resolution No. 92 -116, approving Revisions to Vesting Tentative
Tract Map No. 50666 and Tentative Parcel Map No. 23004;
Resolution No. 92 -117, approving Revisions to Vesting Tentative
Tract Map No. 50667 and Tentative Parcel Map No. 20970;
Resolution No. 92 -118, approving Revisions to Conditional Use
Permit No. 162, Coastal Permit No. 103, and Grading Permit No.
1541; and Resolution No. 92 -119, approving Revisions to
Conditional Use Permit No, 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 with a clubhouse and related
facilities, and public open space on 261.4 acres in Coastal
Subregions 7 and 8; and,
WHEREAS, Frank P. Angel, representing Sierra Club,
California Native Plant Society, Coastal Conservation Coalition,
Save Our Coastline 2000 and Andrew H. Sargent, filed a lawsuit
against the City and the landowners, challenging the approval of
the Ocean Trails project for purportedly violating the City's
General Plan, the California Environmental Quality Act and
certain provisions of the California Government Code; and,
WHEREAS, on August 18, 1993, the Superior Court of
California, County of Los Angeles, set aside the City's approval
of Vesting Tentative Tract Map Nos. 50666 and 50667, Parcel Map
Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163 and
Grading Permit No. 1541, finding that, in approving the Ocean
Trails project, the City had not made findings required by
Government Code Section 65590, subdivision (d), which states:
"New housing developments constructed within the coastal zone
shall, where feasible, provide housing units for persons and
families of low or moderate income, as defined in Section 50093
of the Health and Safety Code. Where it is not feasible to
provide these housing units in a proposed new housing
development, the local government shall require the developer to
provide such housing, if feasible to do so, at another location
within the same city or county, either within the coastal zone or
within three miles thereof"; and,,
WHEREAS, the Superior Court of California, County of
Los Angeles, did not set aside the City's approval of Coastal
Permit No, 103. Therefore, although the Court did set aside the
portions of the City's resolutions approving the conditional use
permits and the grading permit, Resolution Nos. 92 -118 and 92 -119
are still in effect with regard to the approval of Coastal Permit
No. 103, pending final action by the California Coastal
Commission which considered the permit on appeal, found
substantial issue with the proposed project, approved the project
subject to special conditions on April 14, 1993, and is expected
to adopt findings before the end of the year; and,
WHEREAS, in response to the Superior Court's peremptory
writ of mandamus, the landowners, Palos Verdes Land Holdings
g
Company and Zuckerman Building Company, submitted a proposal to
address Government Code Section 65590 to the City on September
20, 1993, and submitted Draft Addendum No. 2 to Environmental
Impact Report No. 36 to the City on September 24, 1993. The
Draft Addendum No. 2 evaluates potential significant adverse
environmental impacts resulting from the addition of affordable
housing requirements that may occur in addition to those impacts
discussed in Environmental Impact Report No. 36; and,
WHEREAS, on September 28, 1993, after notice issued
pursuant to the provisions of the Development Code, the Planning
Commission of the City of Rancho Palos Verdes held a public
hearing to consider Draft Addendum No. 2 to Environmental Impact
Report No. 36 and the provision of affordable housing in
conjunction with the Ocean Trails project, and adopted
resolutions recommending re- approval of Vesting Tentative Tract
Map No. 50666, Tentative Parcel Map No. 23004, Vesting Tentative
Tract Map No. 50667, Tentative Parcel Map No. 20970, Conditional
Use Permit No. 162, Conditional Use Permit No. 163, Coastal
Permit No. 103, and Grading Permit No. 1541 to City Council; and
WHEREAS, on October 5, 1993, after notice issued
pursuant to the provisions of the Development Code, the City
Council held apublic hearing to consider the re- approval of
Vesting Tentative Tract Map No. 50666, Tentative Parcel Map No,
23004, Vesting Tentative Tract Map No. 50667, Tentative Parcel
Map No. 20970, Conditional Use Permit No. 162, Conditional Use
Permit No, 163, Coastal Permit No. 103, and Gradin g Permit No.
1541, at which time all interested parties were given an
opportunity to be heard and present evidence; and
RESOLUTION NO. 93 -97
PAGE 2
WHEREAS, on October 5, 1993, at the conclusion of the
duly noticed public hearing, the City Council adopted Resolution
No. 93 -89, which approved Addendum No. 2 to EIR No. 36;
Resolution No. 9'3 -90, which re- approved Vesting Tentative Tract
Map No. 50666 and Tentative Parcel Map No. 23004; Resolution No.
93 -91, which re- approved Vesting. Tentative Tract Map No. 50667
and Parcel Map No. 20970; Resolution No. 93 -92, which re- approved
Conditional Use Permit No. 162 and Grading Permit No. 1531, and
Resolution No. 93 -93, which re- approved Conditional Use Permit
No. 163 and Grading Permit No. 1541;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Pursuant to the Peremptory Writ of Mandamus
issued by the Superior Court on August 27, 1993, in the case of
Sierra Club, et. al v. City of Rancho Palos Verdes, et. al (Los
Angeles County Superior Court Case No. BC 072817), Resolution No.
92 -54, approving Vesting Tentative Tract Map No. 50666 and
Tentative Parcel Map No. 23004; Resolution No. 92 -55, approving
Vesting Tentative Tract Map No. 50667 and Tentative Parcel Map
No, 20970; Resolution No. 92 -116, approving revisions to Vesting
Tentative Tract Map No. 50666 and Tentative Parcel Map No. 23004,
and Resolution No. 92 -117, approving revisions to Vesting
Tentative Tract Map No. 50667 and Tentative Parcel Map No. 20970,
are hereby repealed.
Section 2: The Sections of Resolution No. 92 -56, which
approved Conditional Use Permit No. 162 and Grading Permit No.
1541, the Sections of Resolution No. 92 -57, which approved
Conditional Use Permit No. 163 and Grading Permit No. 1541, the
Sections of Resolution No. 92 -118, which approved revisions to
Conditional Use Permit No. 162 and Grading Permit No. 1541, and
the Sections of Resolution No. 92 -119, which approved revisions
to Conditional Use Permit No. 163 and Grading Permit No. 1541,
are hereby set aside. Those Sections of Resolution No. 92 -56 and
Resolution No. 92 -57, including Section 3 of said resolutions,
which approved Coastal Permit No. 103, and those Sections of
Resolution No. 92 -118 and Resolution No. 92 -119, including
Section 3 of said resolutions, which approved revisions to
Coastal Permit No. 103, are not altered, amended or repealed by
this Resolution because the Peremptory Writ of Mandamus issued by
the Superior Court on August 27, 1993, in the case of Sierra
Club, et, al v. City of Rancho Palos Verdes, et. al (Los Angeles
County Superior Court Case No. BC 072817) did not order the City
to set aside the approval of Coastal Permit No. 103.
RESOLUTION NO. 93 -97
PAGE 3
1993.
ATTEST:
PASSED,- APPROVED and ADOPTED this 21st day of October,
" I, JO PURCELL, City Clerk of the City of Rancho Palos
Verdes, hereby certify that the above Resolution No. 93 -97 was
duly and regularly passed and adopted by the said City Council
a regular meeting thereof held on October 21, 19930
CITY CLERK, CXTY O RANCHO PALOS VERDES
at
RESOLUTION NO. 93 -97
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