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PC RES 1997-055 • P.C. RESOLUTION NO. 97-55 A RESOLUTION OF THE PLANNING COMMISSION THE OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING APPROVAL OF ADDENDUM NO. 6 TO ENVIRONMENTAL IMPACT REPORT NO. 36 TO THE CITY COUNCIL IN CONNECTION WITH APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE DEVELOPERS OF THE OCEAN TRAILS PROJECT, CONSISTING OF A SEVENTY-FIVE LOT RESIDENTIAL PLANNED DEVELOPMENT (RPD), PUBLIC OPEN SPACE, AND AN 18-HOLE PUBLIC GOLF COURSE WITH RELATED FACILITIES LOCATED IN COASTAL SUBREGIONS 7 AND 8 WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the 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, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on 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, subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in 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 the changes in the project, an Addendum to the Draft Environmental Impact Report (ADEIR) 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 set forth in the Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19, 1992 through 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, 0 0 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, in order to address concerns expressed by the California Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation; 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, in connection with re-approval of the Ocean Trails project applications described above, 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 September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 94-71 approving a third Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "A" to the Ocean Trails project applications described above, in order to incorporate changes to the project made by the California Coastal Commission in April 1993, and (based on additional geologic information) relocate the golf course clubhouse, reduce the number of single family lots from 83 to 75 and approve a location for the golf course maintenance facility and on-site affordable housing units; and, WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-15 approving the fourth Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "B" to the Ocean Trails project applications, in order to incorporate changes to the project made by the California Coastal Commission in January 1995 regarding the relocation of the golf course clubhouse, Paseo del Mar roadway and public trails to accommodate a reconfiguration of the public parking facilities, as well as additional modifications to the public trails in order to provide clarification or to be consistent with the California Coastal Commission's approval and to include an 8.5 acre vacant property owned by the Palos Verdes Peninsula Unified School District into the golf course. P.C. Resolution No. 97-55 Page 2 of 6 • 0 WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-72 approving the fifth Addendum to Environmental Impact Report No. 36, in connection with the approval of Revision "C" to the Ocean Trails project, in order to relocate two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C", revisions to the boundaries of open space Lots B, C, G and H, conversion of the split-level lots in Vesting Tentative Tract Map No. 50667 to single-level lots, revisions to the gold course layout, revisions to the public trail system, combination of parallel trail easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for compliance; and, WHEREAS, on September 17, 1996, the City Council adopted Resolution No. 96- 80 requiring the preparation of a Development Agreement between the developers of the Ocean Trails project and the City for the specific purpose of establishing the obligations of the developers to maintain the public improvements associated with the project and to establish an in lieu fee instead of imposing the City's golf tax; and, WHEREAS, on September 9, 1997, the Planning Commission adopted Resolution No. 97-44 approving Conditional Use Permit No. 163 - Revision "D"to modify the rear yard setback requirements on four lots within Vesting Tentative Tract Map No. 50667 to comply with the Los Angeles County Fire Department requirements for a fuel modifications zone between the residential units and the adjacent East Bluff Preserve Area; and, WHEREAS, on October 10, 1997, copies of the Addendum No. 6 to Environmental Impact Report No. 36 were distributed to the Planning Commission and prior to taking action on the proposed Development Agreement for the Ocean Trails project, the Planning Commission independently reviewed and considered the information and findings contained in Addendum No. 6 to EIR No. 36, and determined that the documents were prepared in compliance with the requirements of the California Environmental Quality Act and local guidelines, with respect thereto; and, WHEREAS, on October 14, 1997, after notice issued pursuant to the provisions of the Development Code, the Planning Commission held a public hearing to consider draft Addendum No. 6 to Environmental Impact Report No. 36 and the proposed Development Agreement for to the Ocean Trails project, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the approval of the Development Agreement will provide for the maintenance of the public improvements required to be constructed in conjunction with the Ocean Trails project. Therefore, pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 6 to the previously certified EIR, rather than P.C. Resolution No. 97-55 Page 3 of 6 • 0 the preparation of a subsequent or supplemental EIR, is appropriate for the consideration of the proposed revisions to the Ocean Trails project, based on the following findings: 1. That the approval of the Development Agreement does not require revisions to the previous EIR, since there are no physical changes to the project and therefore, 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 approving Addendum No. 6 to EIR No. 36, the Planning Commission has reviewed and considered the Addendum No. 6 document, attached hereto and made a part thereof, as Exhibit "A" and the Mitigation Monitoring Program, attached hereto by reference and made a part thereof, as Exhibit "B". Section 3: The Addendum No. 6 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 Addenda Nos. 1, 2, 3, 4 and 5 to EIR No. 36, as a result of the proposed revisions to the Ocean Trails project: 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning P.C. Resolution No. 97-55 Page 4 of 6 0 0 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 approval of a Development Agreement would not require additional mitigation measures or deletions/modifications to the mitigation measures included in the Final EIR, as well as the Supplemental and Addends Nos. 1, 2, 3, 4 and 5 to EIR No. 36. Section 5: That, while the implementation of mitigation measures as discussed in Final EIR No. 36 and the Supplemental and Addenda EIR Nos. 1, 2, 3, 4 and 5 to EIR 36 will further reduce the impacts of the project, it is not possible to entirely eliminate the cumulative impacts associated with the project. Therefore, the Findings and Statement of Overriding Considerations, as provided in Final EIR No. 36, are hereby incorporated by reference. Section 6: All findings, attachments and Statement of Overriding Considerations contained in Resolution Nos. 92-53, 92-115, 93-89, 94-71, 96-15 and 96-72, as adopted by the City Council on June 1, 1992, December 7, 1992, October 5, 1993, September 6, 1994, March 11, 1996, and September 3, 1996, respectively, are hereby incorporated by reference. Section 7: 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 to the City Council approval of Addendum No. 6 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. P.C. Resolution No. 97-55 Page 5 of 6 • • PASSED, APPROVED, and ADOPTED this 14th day of October 1997 by the following vote: AYES: Commissioners Al beri o, Cartwright, Slayden, and Chairman Vannorsdall NOES: ABSTENTIONS: ABSENT: Commissioners Clark, Ng, and Vice Chairman Whiteneck Donald E. Vannorsdall Chairman rP� Carolynn Petru, AICP Director of Planning, Building and Code Enforcement, and Secretary to the Planning Commission P.C. Resolution No. 97- 55 Page 6 of 6