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CC RES 1992-053RESOLUTION NO, 92 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH TENTATIVE PARCEL MAP NOS. 23004 /29070, VESTING TENTATIVE TRACT MAPS NOS. 50666/50667, CONDITIONAL USE PERMIT NOS. 162/163, COASTAL PERMIT NO. 103, AND GRADING PERMIT NO. 1541 FOR 83 SINGLE- FAMILY HOMES, AN 18 -HOLE GOLF COURSE AND RELATED FACILITIES IN COASTAL SUBREGIONS 7 AND 8. WHEREAS, an application was filed by the Zuckerman family and Palos Verdes Land Holdings Company with respect to the real property described in Exhibit "A" attached hereto, requesting the approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit, and a grading permit to allow 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, the Portuguese Bend Club and Community Association to the west, the Pacific Ocean to the south and Los Angeles County Shoreline Park to 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, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on July 9, 1991 in order to receive public testimony on the Draft Environmental Impact Report, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, comments were submitted by certain individuals and written responses were prepared to all comments on the Draft Environmental Impact Report that were received during the circulation period; and WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation of the written responses, the applicant revised the scope of project and reduced the number of proposed single family residences to 40 units within Vesting Tentative Tract Map No. 50666 and to 43 units within 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 changes in the project, an Addendum to the Draft Environmental Impact Report (DEIR) 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 setforth in the Addendum to the Draft Environmental Impact Report,, was prepared and a 45 day circulation period was initiated, beginning March 19, 1992 and ending on 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, the Planning Commission considered the information contained in the Draft Environmental Impact Report, and the Supplemental Environmental Impact Report and determined that based on the scope of the project and extensive public hearings that had been held, that the needs and interests of the City were best served by forwarding the information contained in the environmental documentation to the City Council for final action. On March 31, 1992, the Planning Commission adopted P.C. Resolution No. 92 -23 forwarding the environmental documentation to the City Council with a recommendation that, subsequent to preparation of the Final EIR, including the comments and responses to the DEIR and SEIR, and Mitigation Monitoring Program, the City Council certify Environmental Impact Report No. 36; and WHEREAS, the City Council has considered the information contained in the Draft Environmental Impact Report, Supplemental Environmental Impact Report, and Final Environmental Impact Report and determined that the requirements of the California Environmental Quality Act have been fulfilled. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The DEIR and SEIR identify as potential significant environmental impacts the effects of grading and earthwork during the construction and development of the project, resulting in permanent landform alterations and temporary increased erosion, sedimentation downstream and dust impacts. Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen these impacts. The developer shall balance the cut and fill earthwork within the total project site, with no import or export of materials. Runoff from landscaping and natural drainage sources shall be collected and directed into the storm drain system. Where grading activities have the potential to reduce the viability of stream habitat or add loose soil and rocks to the drainageways, the developer shall be required to implement an erosion and sediment transport control plan. In addition, the developer shall comply with SCAQMD rule 403, which requires watering during grading, to reduce dust impacts. However, it is not possible to entirely eliminate the landform alteration impact. Furthermore, a statement of overriding considerations has been prepared as discussed in Section 21. Section 2: The DEIR and SEIR identify as a potential significant environmental impact the effect of seismic activity to on -site areas and structures. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. To avert or minimize impact caused by seismic activity, all habitable structures will be constructed inland of the foundation line, and the developer shall strictly adhere to building standards. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations has been prepared as discussed in Section 21. Section 3: The DEIR and SEIR identify as a potential significant environmental impact the effect of increased surface runoff, resulting in an increased risk of flood hazards and erosion. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact to a less than significant level. The developer shall implement the Runoff Management Plan, which shall be reviewed and approved by the City's Director of Public Works. A final hydrology study shall be submitted to the City Engineer, detailing any anticipated adverse effect to existing flood control facilities. Storm drain facilities shall be designed in accordance with the Runoff Management Plan to convey the predicted 50 -year peak flow rate with additional factors of safety, and energy dissipating structures shall be constructed at the storm drain outlets to reduce flow velocities and subsequent erosion impacts. Section 4: The DEIR and SEIR identify as a potential significant environmental impact the effect of the proposed project on the water quality due to an increase of urban pollutants entering into the drainage system, resulting in potential damage to the riparian and marine habitats. Changes or alterations have been required in, or incorporated into, the project which Resolution No. 92 -53 Page 2 of 7 avoid or substantially reduce this impact to a less than significant level. The developer shall implement a Water Quality Control Plan, which shall be reviewed and approved by the City's Director of Public Works. The developer shall obtain a National Pollutant Discharge Elimination System Permit and shall comply with all conditions of issuance from the County of Los Angeles prior to the issuance of a grading permit. Additionally, conditions of approval incorporated into Resolution No. 92 -57 for Conditional Use Permit No. 163, et. al. requires the developer to investigate alternative water sources to support the proposed golf course, and requires all water features associated with the golf course to be lined to prevent percolation of water into the soil, and that all such features shall utilize reclaimed water whenever possible. Section 5: The DEIR and SEIR identify as a potential significant environmental impact the effect of the proposed project on existing biological resources, including the loss of raptor foraging areas and Coastal Sage Scrub habitats. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. The developer shall implement the Biological Resources Protection Plan designed by LSA Associates to preserve and create Venturan Coastal Sage Scrub and riparian habitat areas, and the site shall be monitored during all rough grading operations to verify compliance with the Protection Plan. In addition, enhancement plantings of Riparian and Coastal Sage Scrub species shall be required in the areas surrounding the preserved drainage courses. The golf course, open space, and landscaping areas shall be designed to use native plant species. Sensitive portions of the two main drainage courses, the existing coastal bluff habitats, and the beaches shall be preserved. Impacts on the disturbed riparian areas will be subject to further review and possible mitigation by the California Department of Fish and Game, the Army Corp of Engineers and.the United States Fish and Wildlife Service. However, it is not possible to entirely eliminate this impact, which is caused primarily by grading for the golf course. Grading for the golf course will be minimized through its "links" design, and elimination of the golf course is not feasible because the project would not satisfy important objectives of the project: to provide visitor serving public uses which objectives are encouraged by policies contained in the Coastal Specific Plan. For these reasons, the City Council has rejected the alternative of eliminating the golf course. Furthermore, a statement of overriding considerations has been prepared as discussed in Section 210 Section 6: The DEIR and SEIR identify as a potential significant environmental impact the effect of ground disturbing activities, such as grading, road construction and underground utility placements, on the existing on -site archeological resources. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact to a less than significant level. Archeological test level investigations shall be conducted by a qualified and City approved Archeologist at two known archeological sites, and the site shall be monitored during all rough grading activities. If any archaeological finds are discovered during the rough grading activities, all grading shall stop until the remains are recovered. All materials collected pursuant to these investigations shall be donated to a local institution with proper facilities. The existing military installation shall be documented through photographs, drawings and research prior to disturbance. Section 7: The DEIR and SEIR identify as a potential significant environmental impact the effect of grading for the golf course on one known paleontological site. Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen this impact to a level of insignificance. The presence of a qualified paleontologist shall be required during all rough grading and excavation work to monitor the Resolution No. 92 -53 Page 3 of 7 site and salvage any exposed fossils. If any paleontological finds are discovered during the rough grading activities, all grading shall stop until the remains are recovered. Matrix samples shall be collected to salvage microvertebrates from the terrace deposits. All salvaged fossils and related data shall be forwarded to an institution with a research interest in such materials. Section 8: The DEIR and SEIR identify as a potential significant environmental impact the effect of the proposed project on aesthetics and visual resources, including the loss of natural open space, the light and potential glare from buildings and nighttime lighting, and the possible obstruction of existing views. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen these impacts. The residential lots shall be graded in a terraced manner such that the structures do not rise above the grade of Palos Verdes Drive South, thereby preserving all existing views therefrom, and the final landscaping plan shall not permit the use of any tree that would be expected to grow beyond the ridgeline of any adjacent structure. The schematic landscaping and irrigation plans must be approved by the Director of Environmental Services. In addition, potential impacts from light and glare shall be mitigated to the satisfaction of the Director of Environmental Services, and the installation of lights shall be subject to his or her inspection. Conditions of approval incorporated into Resolution No. 92 -57 for Conditional Use Permit No. 163, et. al, prohibits nighttime lighting of the golf course. However, it is not possible to entirely eliminate the impacts resulting from the loss of undeveloped open space. Furthermore, a statement of overriding considerations has been prepared as discussed in Section 21. Section 9: The DEIR and SEIR identify as a potential significant environmental impact the effect of the conversion of currently undeveloped land to urban use. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. Prior to the issuance of building permits, the developer shall submit to the Director of Environmental Services a comprehensive description of all private and public improvements and developments adjacent to or in close proximity to the project. In addition, the proposed project has demonstrated compliance with the City's development guidelines for Coastal Subregions 7 and 8. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations has been prepared as discussed in Section 21. Section 10: The DEIR and SEIR identify as a potential significant environmental impact the effect of the increased traffic volume that will be generated by this project on key intersection capacity. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact to a less than significant level. The developer shall be required to contribute its fair share of the cost of adding a second westbound left turn lane at the intersection of Hawthorne Boulevard and Palos Verdes Drive West. In addition, the developer shall be required to add a second eastbound left turn lane and a second southbound right turn lane at the intersection of Western Avenue and 25th Street, if approved by the City of Los Angeles. Section 11: The SEIR identifies as a potential significant environmental impact the cumulative effect of direct and indirect air emissions associated with the residential units and operation of the golf course and club house on local and regional air quality. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this cumulative impact. The developer shall be required to incorporate energy conservation devices into the design of the project to limit stationary source pollutants. In addition, the project Resolution No. 92 -53 Page 4 of 7 proponent and all future employers of the golf course and club house shall comply with all applicable SCAQMD rules and regulations, including Regulation XV. operation of the restaurant facilities at the golf course clubhouse will be subject to compliance with public health standards, and shall utilize all reasonably available odor control equipment. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding concerns will be prepared as discussed in Section 21. Section 12: The DEIR and SEIR identify as a potential significant environmental impact the cumulative effect of increased noise levels from traffic generated by the project. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact to a less than significant level. Prior to the issuance of building permits, the project applicant is required to submit evidence, to the satisfaction of the City, that all on -site areas will meet applicable exterior noise standards. In addition, vehicular trip reduction measures shall be encouraged, including the use of alternative transportation modes such as public transit, provision of mass transit accommodations, and incentives for working and living within the local area and developing ride pools. Section 13: The DEIR and SEIR identify as a potential significant environmental impact the cumulative effect of increased water demand attributable to the residential lots and the golf course on the existing water supply. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. The developer shall submit the plans and specifications for the water system facilities for approval by the City Engineer. All fixtures and appliances used in the project shall meet appropriate water efficiency standards. The developer is required to use native vegetation and drought tolerant species in residential and landscaped areas to the fullest extent possible. Additionally, conditions of approval incorporated into Resolution No. 92 -57 for Conditional Use Permit No. 163, et. al., requires the developer to investigate alternative sources to support the golf course facilities, including desalinization, reverse osmosis, and other similar technologies, and require the developer to utilize reclaimed water whenever possible. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations has been prepared as discussed in Section 210 Section 14: The DEIR and SEIR identify as a potential environmental impact the effect of the proposed project on electrical, natural gas, telephone and cable television services. Although the DEIR and SEIR categorize these potential impacts as less than significant, the DEIR and SEIR recommend that all electricity and communication lines and cables be placed underground. Additionally, the conditions of approval incorporated into the conditions of approval for the project require the developer to pay all fees and costs associated with the necessary improvements described above, as well as payment of all other applicable fees for implementation of the mitigation monitoring program as well as other related developer fees (including Quimby Act fees), which will offset any adverse economic impacts to the City* Section 15: The DEIR and SEIR identify as a potential environmental .impact the effect of the proposed project on other public services, including fire, wastewater, law enforcement, schools, library and Shoreline Park. Although the DEIR and SEIR categorize these potential impacts as less than significant, the DEIR and SEIR recommend that any vegetation which is considered a fire hazard by the Los Angeles Fire Protection District be removed and that the project applicant obtain written approval of the tract design with regard to the existing trunk line sewer from the County Sanitation District. In addition, the developer is required to pay all fees related to Resolution No. 92 -53 Page 5 of 7 these services, including the required developer fees. No other mitigation measures are recommended or required with respect to any of these services. Section 16: The DEIR and SEIR identify as a potential environmental impact the effect of the proposed project on existing landfill and solid waste services. Since the County's current landfills have adequate capacity to handle the project's annual waste load, no significant impact to solid waste service is anticipated; however, the proposed residences, golf course and club house shall be required to participate in the City's recycling program and the City's Solid Waste Management Plan, upon its completion. Section 17: The DEIR and SEIR identify as a potential environmental impact the effect of the proposed project on population, employment and housing; however, the project's impacts are within the City's estimates for growth and are not considered significant. Section 18: The DEIR and SEIR identify as a potential impact the effect of the proposed project on the City's fiscal resources. Since the project is expected to result in a cash surplus to the City of Rancho Palos Verdes and the Los Angeles County Fire Protection District, the impact is not considered significant. Section 19: A Mitigation Monitoring Program has been prepared to ensure that the mitigation measures identified in the FEIR will be properly implemented. The Mitigation Monitoring Program which has been included in the FEIR and is incorporated herein by reference is hereby adopted and approved. Section 20: The DEIR and SEIR examined five project alternatives: the "No Project" alternative, an alternative site location, and three alternative site configurations. The DEIR and SEIR concluded that the environmentally superior alternative was Alternative A, the "No Project" alternative, since it generates the fewest environmental impacts. As required by CEQA, if the "No Project" alternative is identified as the environmentally superior project, then the EIR shall also identify an environmentally superior alternative among the other alternatives. After the "No Project" alternative, the environmentally superior alternative would be Alternative B, the "Alternative Site Location" alternative. The "No Project" alternative is not preferred over the proposed project because the land use, housing and fiscal projections under this alternative would be inconsistent with the City of Rancho Palos Verdes' General Plan and Coastal Specific Plan, which anticipate development of the site. In addition, the "No Project" alternative would result in a loss of the housing and recreational opportunities and economic benefits provided by the proposed project. Although Alternative B would result in some reduced environmental impacts, this alternative is rejected because it is not owned by the project proponents and because the City has recently approved another project for said alternative site. Furthermore, Alternative B would not satisfy the project's objectives, including the public amenities that would be provided by the golf course. Therefore, the City Council prefers the 83 -Lot Revised Site Plan as the preferred alternative since it results in fewer environmental impacts than the 120 -Lot Site Plan and it complies with the goals of the General Plan and the Coastal Specific Plan. Section 21: The social, recreational and economic benefits and housing opportunities provided by the project outweigh any unavoidable adverse impacts that may occur. The project implements the RS -1 /RPD designation of the site in the General Plan and Coastal Specific Plan while preserving much of the site as passive and recreational open space, with publicly accessible parking, trails and vista points, and provides a high quality residential development and world -class public golf course. Exhibit "B" attached hereto contains a Resolution No, 92 -53 Page 6 of 7 statement of overriding considerations, pursuant to the California Environmental Quality Act, which the City Council hereby recommends incorporates into the certification 'of the FEIR. Section 22: Prior to taking final action, the City Council has reviewed and considered the Final Environmental Impact Report. The Final Environmental Impact Report, is hereby attached hereto by reference as Exhibit "A" and includes the document entitled Draft Environmental Impact Report No. 36 and all technical appendices thereto and all comments and written responses received and prepared, the document entitled Supplemental Environmental Impact Report No. 36 and all technical appendices thereto and all comments and written responses received and prepared, the Mitigation Monitoring Program, and the Findings and a Statement of Overriding Considerations. Section 23: For the foregoing reasons, and based on the information and findings contained in the public record, including the DEIR, SEIR, and FEIR, staff reports, minutes, records of the proceedings and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby certifies Final Environmental Impact Report No. 36 based on the determination that the document was completed and circulated in compliance with the California Environmental Quality Act and State and local guidelines with respect thereto. PASSED, APPROVED and ADOPTED on this 1st day of June, 1992. ATTEST: CITYY CLERK ST4TE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk of the certify that the above Resolution No. adopted by the said City Council at a City of Rancho Palos Verdes, hereby 92 -53 was duly and regularly passed and regular meeting held on June 1, 1992. r CITY ERK CITY RANCHO PALOS VERDES Resolution No. 92 -53 Page 7 of 7 EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS The City Council of the City of Rancho Palos Verdes, in certifying Environmental Impact Report No. 36, finds that the mitigation measures discussed in the Environmental Impact Report will, when implemented, mitigate or substantially reduce all but seven of the significant effects identified in the Draft, Supplemental and Final Environmental Impact Reports. Specifically, significant environmental effects will remain in the following areas: 1) landform alteration; 2) seismicity; 3) biological resources (loss of raptor foraging area and temporal loss of Coastal Sage Scrub habitat); 4) aesthetics (loss of undeveloped open space); 5) land use (loss of open space); 6) cumulative impacts to water service in consideration of current drought condition), and; 7) cumulative impacts to air quality. The City Council has balanced the benefits of the project against these effects in approving the project and certifying the Final Environmental Impact Report. In this regard, the City Council of the City of Rancho Palos Verdes hereby finds that all feasible mitigation measures identified in the Draft EIR and Supplemental Environmental Impact Report, which includes the Addendum to the EIR, have been and will be implemented by the project through the Mitigation Monitoring Program that will be implemented as a condition of approval of the project and that the seven remaining significant unavoidable effects are acceptable due to the following specific benefits which outweigh the significant environmental effects and justify approval of the project as conditioned: 1. The proposed project will provide visitor - serving uses, including public trails, vista points, parks, and a public golf course in the coastal area, a stated goal of the City's General Plan and Coastal Specific Plan. 2. The proposed project will increase public recreational opportunities by providing an 18 -hole golf course, approximately 20,000 linear feet of public trails, and coastal bluff access. 3. Although the proposed project will result in a loss of undeveloped land and open space, only 96 of the 258 acres will be developed into residential lots, while 121 acres will constitute the golf course and approximately 42 acres will be retained as natural passive open space, and will include habitat enhancement and preservation areas. 4. The proposed project has maintained and /or enhanced public and private views through grading techniques, and efforts have been made to increase the number of and accessibility to off - street viewing areas. In addition, the project incorporates new viewing opportunities into the site with lookout points, pedestrian bridges across ravines, and extensive hiking and bicycling trails. 5. Sensitive habitat areas will be preserved, including the lower portions of the two main drainage courses, the upper portion of the westernmost drainage and the coastal bluff areas. 6. In conformance with the City's projected housing needs, the project will provide an additional 83 dwelling units. 7. The proposed project will provide for important improvements to Palos Verdes Drive South and La Rotonda Drive. RESOL. NO. 92 -53 RES.EM 8. The proposed project will provide additional employment opportunities in the residential and golf course construction sectors of the economy and permanent employment in connection with the golf course operation. Resolution No. 92 -53 Exhibit "B" Page 2 of 2