PC RES 1993-028P.C. RESOLUTION NO. 93-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING APPROVAL OF DRAFT
ADDENDUM NO. 2 TO ENVIRONMENTAL IMPACT REPORT NO. 36
TO THE CITY COUNCIL IN CONNECTION WITH THE RE -APPROVAL
OF VESTING TENTATIVE TRACT MAPS NOS. 50666 AND 50667,
TENTATIVE PARCEL MAP NOS. 20970 AND 23004, CONDITIONAL
USE PERMIT NOS. 162 AND 163, AND GRADING PERMIT NO.
1541 FOR AN 83 LOT RESIDENTIAL PLANNED DEVELOPMENT,
PUBLIC OPEN SPACE, AND AN 18 -HOLE PUBLIC GOLF COURSE
AND RELATED FACILITIES 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. 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; 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 development, the local
government shall require the developer to provide such housing, if feasible tc
do so, at another location within the same city or county, either within the
coastal zone or within three miles thereof"; and,
WHEREAS, in response to the Superior Court's peremptory writ of
mandamus, the landowners, Palos Verdes Land Holdings 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 to the
Ocean Trails project, by either constructing a two unit or four unit (duplex
or fourplex) affordable housing complex on-site or purchasing existing housing
units off-site and making them available as affordable units. The Draft
Addendum No. 2 concluded that the provision of affordable housing in
conjunction with the Ocean Trails project would not result in any additional
significant or cumulative adverse environmental impacts, beyond the impacts
previously discussed in Environmental Impact Report No. 36; and,
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WHEREAS, on September 28, 1993, after notice issued pursuant to the
provisions of the Development Code, the Planning Commission held a public
hearing to consider Draft Addendum No. 2 to Environmental Impact Report No. 36
and provisions for affordable housing in conjunction with the Ocean Trails
project, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, prior to taking action on the provisions for affordable housing
in conjunction with the Ocean Trails project, the Planning commission
considered the information and findings contained in Draft Addendum No. 2 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 PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Since the on-site affordable housing units will be located in
areas of the subject property which were previously identified as part of the
developed portion of the project and the off-site affordable housing units
will be located in existing housing stock currently available in the City,
pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, the
preparation of an addendum to the previously certified EIR, rather than the
preparation of a subsequent EIR, is appropriate for the consideration of
affordable housing in conjunction with 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.
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 there are no new significant environmental
impacts that were not considered in the previous EIR.
3. That there is no new information of substantial importance to the
project which indicates that the project 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: In recommending approval of the Draft Addendum No. 2 to EIR
No. 36, the Planning Commission has reviewed and considered the Draft Addendum
No. 2 document dated September 23, 1993. Draft Addendum No. 2 to EIR No. 36
is hereby incorporated, by reference, as Exhibit "A".
Section 3: The Draft Addendum No. 2 to EIR No. 36 identifies no new
potential significant adverse environmental impacts to the areas listed below,
beyond those already identified in the Final EIR No. 36 and the Supplement and
Addendum No. 1 to EIR No. 36, as a result of the provision of affordable
housing in conjunction with the Ocean Trails project:
P.C. Resolution No. 93-28
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1. Landform, Geology, and Soils
2. Hydrology and Drainage
3. Biological Resources
4. Cultural and Scientific Resources
S. 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
Section 4: That implementation of the re -approved project would not
require additional mitigation measures or deletions/modifications to the
mitigation measures included in the Final EIR, as well as the Supplement and
Addendum No. 1 to EIR No. 36. However, while the implementation of mitigation
measures as discussed in Final EIR No. 36 and the Supplement and Addendum EIRs
No. 1 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 incorporated by reference
as Exhibit "B".
Section 5: All findings, attachments and Statement of overriding
Considerations contained in Resolution Nos. 92-53 and 92-115, as adopted by
the City Council on June 1, 1992 and December 7, 1992, respectively, are
incorporated by reference as Exhibit 11c".
Section 6: For the foregoing reasons and based on the information and
findings contained in the Staff Report, minutes, and evidence presented at the
public hearings, the Planning Commission of the City of Rancho Palos Verdes
hereby recommends approval of the Draft Addendum No. 2 to Environmental Impact
Report No. 36, based on the determination that the document was completed in
compliance with the requirements of the California Environmental Quality Act
and Sate and local guidelines with respect thereto.
PASSED, APPROVED, and ADOPTED this 28th day of September 1993
Bret Beard, A&CP
Director Planning, Building
and Code Enforcement, and
Secretary to the Commission
MOTIRESEIR OT'2
P.C. Resolution No. 93-28
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