CC SR 20160216 03 - Public Hearing Revision BB to CUP No 163 Trump Flag PoleCITY OF Lkht, RANCHO PALOS VFRDES
PUBLIC HEARING
Date: February 16, 2016
Subject: Consideration and Possible Action to Grant a Second Amendment
to Revision `BB' to Conditional Use Permit No. 163 and Variance,
and Approve a Coastal Permit for an Existing 70' -tall Flag Pole at
Trump National Golf Club (Case No. ZON2015-00512).
Subject Property: Trump National Golf Club (1 Trump National Way)
1. Report of Notice Given: City Clerk Morreale
2. Declare the Hearing Open: Mayor Dyda
3. Staff Report & Recommendation: Senior Planner Kim
4. Public Testimony:
Appellant: None
Applicant: VH Property Corp.
5. Council Questions:
6. Rebuttal:
7. Council Deliberation:
8. Declare Hearing Closed: Mayor Dyda
9. Council Action:
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RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 2/16/2016
AGENDA HEADING: Public Hearing
Consideration and possible action to grant a second amendment to Revision `BB' to
Conditional Use Permit No. 163 and Variance, and approve a Coastal Permit for an
existing 70' -tall flag pole at Trump National Golf Club (Case No. ZON2015-00512).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2016-, conditionally approving a) Amendment No. 2 to
Revision `BB' to Conditional Use Permit No. 163 and Variance, thereby
amending the existing action deadline conditions; and b) Coastal Development
Permit for an existing 70' -tall flag pole at Trump National Golf Club.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: So Kim, Senior Plannerl;(,
REVIEWED BY: Terry Rodrigue, Interim Community Development Director-`
APPROVED BY: Doug Willmore, City Manager., „ .
ATTACHED SUPPORTING DOCUMENTS:
A. City Council Resolution No. 2016- (page A-1)
B. City Council Resolution No. 2007-85 (page B-1)
C. Public Comments (page C-1)
EXECUTIVE SUMMARY:
Trump National obtained City Council approval of a Conditional Use Permit and a
Variance for its existing 70' -tall flag pole in 2007. The only issue remaining to legalize
said flag pole is a Coastal Permit. Last year, the California Coastal Commission
approved an amendment to the City's Local Coastal Plan (LCP), thereby allowing flag
poles up to 70' in height provided certain parameters are met. Subsequently, Trump
National submitted a Coastal Development Permit application to legalize the existing
flag pole.
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BACKGROUND AND DISCUSSION:
On May 20, 2007, the City Council adopted Resolution No. 2007-31, thereby approving
an appeal and conditionally approving Revision `BB' to Conditional Use Permit No. 163
(CUP No. 163) and Variance (hereinafter referred to as Revision `BB') to allow a 70' -tall
after -the -fact flag pole near the back tee of Golf Hole No. 1 at Trump National Golf Club.
Since the Trump National project originally obtained a Coastal Development Permit
(CDP) through the California Coastal Commission (CCC), the CCC informed the City
that the flag pole would require an amendment to the original CDP issued by the CCC.
On July 17, 2007, the City Council adopted Resolution No. 2007-85, thereby approving
Amendment No. 1 to Revision `BB'; allowing changes to action deadlines to existing
conditions of approval. Although Staff had previously noted that a CDP was necessary,
this was not addressed though the conditions of approval for the flag pole. To
acknowledge that CCC approval of the flag pole is required prior to any of the City
required actions being completed, and to make sure that the project moved forward,
action deadlines were modified based upon CCC approval.
On July 9, 2014, the California Coastal Commission (CCC) conducted a public meeting
to consider a number of items related to Trump National that were previously approved
by the City Council, but had been awaiting CCC approval, including the existing 70' -tall
flag pole that was approved in 2007. During its deliberations, the CCC indicated that
the flag pole could not be supported because the City's Local Coastal Plan (LCP) did
not allow for flag poles of its height in the Coastal Zone. Thus, the CCC suggested that
the City amend its LCP to address the height of flag poles in the Coastal Zone. In
response, the Trump organization withdrew their request regarding the flag pole at the
July 9, 2014, Coastal Commission hearing until the City could address the LCP
amendment issue.
Accordingly, the City Council initiated the process to amend the City's LCP to
specifically address the height of flag poles in the City's Coastal Zone, and on
November 4, 2014, the City Council adopted a Negative Declaration and approved a
text amendment to the City's LCP to allow flag poles up to 70' in height in the Coastal
Zone, provided certain parameters are met. Subsequently, said text amendment was
submitted to and approved by the CCC on February 12, 2015. Thus, the amended LCP
now gives the City authority to process Coastal Development Permits for flag poles
exceeding 16' in height in the Coastal Zone.
On November 4, 2015, Trump National submitted a Coastal Permit application
requesting approval of the existing flag pole. Upon preliminary review of the application,
Staff deemed the project complete on December 3, 2015. Subsequently, a notice of the
pending application was sent to all persons owning property within a 500' radius of the
subject site and published in the Palos Verdes Peninsula News on January 28, 2016.
Staff has received one email in support of the flag pole (Attachment C).
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Amendment No. 2 to Revision `BB'
As a result of the City Council's approval of Revision `BB' in 2007, a number of
conditions of approval were adopted pertaining to the flagpole. Staff is proposing to
retain these same conditions with minor modifications to the action deadlines required
by the applicant and to eliminate the need to submit a Coastal Permit to the Coastal
Commission. With the recent approval of the LCP amendment, the City has the
authority to issue a Coastal Permit for the subject flagpole with the final decision
appealable to the Coastal Commission. The proposed amendments to Condition of
Approval Nos. VA through V.8 within the master list of the Conditions of Approval are
shown below (deleted text shown in strikethr„„n" and new text shown in bold/
underline).
V. Flag Pole
1. The conditions found under Section V. of Conditional Use Permit No. 163 pertain
to the approval of Revision BB to the project, as approved by the City Council on
March 20, 2007 approves the erection of a 70' tall flagpole near the back tee of
Golf Hole #1 for the purpose of flying the flag of the United States of America.
No other flag, object or display shall be flown form such flagpole without the
approval of the City Council. The Applicant shall be responsible for abiding by all
laws related to the flag of the United States as found in United States Code, Title
4, Chapter 1.
2. Prior to 60 days after final action by the City Council on February 16, 2016
September 20,200 the Applicant shall be responsible for installing 4 benches
in Founders Park to serve as public viewing areas. The location of the benches
shall be as follows: two benches to be located at sites #1 and #2 as shown in the
Applicant's depiction presented to the Council at their March 20, 2007 meeting,
one bench to be installed at the southern end of Founder's Park at the western
edge and one bench to be installed at the southern end of Founder's Park at the
eastern edge, subject to review and approval by the Director of Planning,
Building and Code Enforcement. The Applicant shall be responsible for the
ongoing maintenance of the benches.
3. Prior to 60 days after final action by the California Coastal Commission City
Council on February 16, 2016, the Applicant shall dedicate 25 square feet (5'x
5) of property around the existing flag pole base to the City. Upon recordation,
the City will henceforth be the owner of said property and the amenities located
thereon. The Applicant shall be responsible for paying all necessary fees for the
preparation of Grant Deed documents, including the legal description of said
property and review by the City Engineer and City Attorney.
4. Prior to 60 days after final action by the California Coastal Commission City
Council on February 16, 2016 and prior to recordation of the Grant Deed that
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dedicates the 25 square foot property beneath the flag pole to the City, the
Applicant shall obtain a building permit and a final on said permit for the flag pole
and lighting equipment that will illuminate the flag. The Applicant shall be
responsible for paying all necessary after -the -fact penalty fees for such building
permit.
5. The Applicant shall be responsible for raising and lowering the flag on a daily
basis in compliance with all laws related to the United States Flag found in the
United States Code, Title 4, Chapter 1. Additionally, the Applicant shall be
responsible for maintaining, including the costs of such maintenance, the flag,
rigging, flag pole, flag lighting, and any landscaping within the 25 square foot
dedication area.
6. Prior to 60 days after final action by the California Coastal Commission City
Council on February 16, 2016, the Applicant shall enter into a Reciprocal
Easement Agreement that would allow the Trump Organization to access the flag
pole site for maintenance activities while also providing an easement over golf
course property to allow the City to access the flag pole site.
7. Prior to 60 days after final action by the California Coastal Commission City
Council on February 16, 2016, the Applicant shall obtain a building permit,
install flag lighting and obtain a final on the flag lighting building permit. The City
shall be the only responsible entity for determining when and for how long the
lights that illuminate the flag shall be used. At no time shall the Applicant or any
other party illuminate the flag without the approval of the City. If and when the
City determines that the flag should be illuminated, the City shall notify the
Applicant no later than 24 hours in advance of such illumination.
8. Prior to 60 days after final action by the California Coastal Commission City
Council on February 16, 2016, the Applicant shall enter into an Indemnification
Agreement that indemnifies the City against any action associated with the
Applicant's installation/construction of the amenities located on the 25 square
foot property, as well as the maintenance and all other activities related to the
flag and flag pole.
In approving Amendment No. 2 to Revision `BB', the proposed changes to the action
deadlines do not affect the approval nor change any of the findings adopted by the City
Council for the flagpole through Revision `BB'. Therefore, the findings originally made
for Revision `BB' in Resolution No. 2007-85 (Attachment B) are still applicable.
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Coastal Permit
Pursuant to Development Code Section 17.72.090, the following findings must be made
in granting a Coastal Permit for the flagpole:
A. That the proposed development is consistent with the coastal specific
plan; and,
The City's Local Coastal Plan (LCP), as amended by the City Council on November 4,
2014, includes the following text at the end of the Visual Corridor section (page C-12 of
the LCP):
Flag Poles
Flag poles in the Coastal Zone are permitted up to 12 -feet in height, as
measured from adjacent grade, with no discretionary review, or up to 16 -feet
in height, as measured from adjacent grade, with a Site Plan Review
application to ensure there is no significant view impairment caused by the
flag pole above 12 -feet in height. Flag poles in the Coastal Zone may exceed
16 -feet in height, up to a maximum height of 70 -feet, as measured from
adjacent grade provided the following parameters are met:
• One flag pole exceeding 16 -feet in height is permitted for any parcel of
120 acres or more, provided that, within the 120 -plus -acre legal parcel,
the land on which the flag pole is erected is owned by or dedicated to
the City so as to allow for public access and to allow only the flag of
the United States of America to be flown on said flag pole;
• The flag pole shall be consistent with the height restrictions identified in
the visual corridors section of the LCP;
• An approved Variance Permit to exceed the City's 16 -foot height limit
must be obtained from the City; and,
• The property where the flagpole is located must provide a minimum of
20 free public parking spaces, public restrooms, drinking fountain, and
public bench seating.
Based on the above parameters, the existing Trump National flag pole can remain as a
local landmark and public amenity while not allowing a proliferation of other such flag
poles. No changes have been made to the existing flag pole and therefore, the existing
flag pole meets the above criteria, and Staff believes that this finding can be met.
B. That the proposed development, when located between the sea and the
first public road, is consistent with applicable public access and recreation
policies of the Coastal Act.
Over the years, the existing flag pole has become and been considered a visitor -serving
public amenity and landmark. The existing conditions of approval for the flag pole
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require that it be located on land owned or deeded to the City and that certain amenities
be available to accommodate public access, such as free public parking, restrooms,
seating areas, and drinking fountains. These public amenities are intended to ensure
public access and the public's enjoyment to view the American flag. Minor changes are
proposed to the existing conditions of approval to re -set the due dates for specific
actions by the applicant for compliance. With the updated conditions of approval in
place, the existing flag pole is consistent with the policies of the Coastal Act, and Staff
believe that this finding can be met.
Corrected Public Notice
The public notice that was issued inadvertently identified the pending application as
Revision `EEE' to CUP No. 163, et al. However, after further review of the 2007 City
Council approvals, Staff determined that the appropriate identification for the pending
application is Amendment No. 2 to Revision `BB', rather than a new Revision `EEE'.
The reason for this is that the proposed change is relatively minor and a similar request
changing the action deadline conditions was approved as an amendment to Revision
`BB'. As a result, the error in the public notice does not affect the Council's ability to
review this matter on tonight's agenda.
California Coastal Commission (CCC) Review
As the subject flag pole is located within an appealable area of the City's Coastal Zone,
the City Council's decision may be appealed to the CCC by any interested party
pursuant to Development Code section 17.72.100. Based on past conversations with
the CCC, Staff does not anticipate that the CCC will file an appeal, should the City
Council approve Amendment 2 to Revision `BB' and Coastal Permit.
CONCLUSION:
Staff recommends that the City Council adopt the draft resolution approving
Amendment No. 2 to Revision `BB" and the Coastal Permit for the 70' -tall flag pole at
Trump National Golf Club.
ALTERNATIVES:
In addition to Staff's recommendation, the following alternatives are available for the
City Council's consideration:
Identify issues or concerns related to Amendment 2 to Revision `BB' and Coastal
Permit (Case No. ZON2015-00512), and direct Staff to return with revised
resolution language at the March 1, 2016 meeting; or,
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2. Deny Amendment 2 to Revision `BB' and Coastal Permit (Case No. ZON2015-
00512) without prejudice, and direct Staff to return with an appropriate resolution
for adoption at the March 1, 2106 City Council meeting.
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RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AMENDMENT NO. 2 TO
REVISION "BB" (CONDITIONAL USE PERMIT NO. 163 AND
VARIANCE) AND COASTAL DEVELOPMENT PERMIT FOR AN
EXISTING 70' TALL FLAG POLE AT TRUMP NATIONAL GOLF
CLUB (ZON2015-00512).
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,
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
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
Resolution No. 2016 -
Page 1 of 37
A-1
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
83 single family dwelling units, an 18 hole public golf course and public open space on
261.4 acres in Coastal Subregion Nos. 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's
approval of the project raised a substantial issue, 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 -S- RPV -93-5 (i.e. Coastal Permit No. 103), subject
to additional conditions of approval; 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 November 5, 1993, the California Coastal Commission adopted
revised and expanded findings in conjunction with the project; 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 and Adopted Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76
and 94-77, respectively, approving Revision "A" 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 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 83 to 75 and increasing the height of the golf course clubhouse
from 30' to 48'; and,
Resolution No. 2016 -
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WHEREAS, on January 12, 1995, the California Coastal Commission approved
Coastal Development Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No. 103),
thereby approving its first amendment to the permit, subject to revised conditions of
approval; and,
WHEREAS, on September 27, 1995, the California Coastal Commission
approved Coastal Development Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No.
103), thereby approving its second amendment to the permit; and,
WHEREAS, on February 1, 1996, the California Coastal Commission approved
Coastal Development Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No. 103),
thereby approving its third amendment to the permit; and,
WHEREAS, on March. 11, 1996, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 96-15 approving a fourth Addendum to Environmental
Impact Report No. 36 and Adopted Resolution Nos. 96-16, and 96-17, respectively,
approving Revision "B" to the approved Ocean Trails project, including, but not limited
to, modifying the approved alignment of Paseo del Mar ("A" Street/"J" Bluff Road),
revising the Conditions of Approval regarding several public trails, and relocating the
golf course clubhouse approximately 80' to the west of its previously approved location;
and,
WHEREAS, on July 11, 1996, the California Coastal Commission approved
Coastal Development Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No. 103),
thereby approving its fourth amendment to the permit, subject to revised conditions of
approval; and,
WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 96-72 approving a fifth Addendum to Environmental
Impact Report No. 36 and Adopted Resolution Nos. 96-73, 96-74, 96-75, 96-76 and 96-
77, respectively, approving Revision "C" to the approved Ocean Trails project, including,
but not limited to, relocation of 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 the split-level lots in Vesting
Tentative Tract Map No. 50667 to single -level lots, revisions to the golf course layout,
revisions the public trail system, combination of parallel trails easements, construction
of a paved fire access road west of the Resolution No. 2007-31 Page 2 of 9 Ocean
Terraces Condominiums and amendments to several Conditions of Approval and
Mitigation Measures to modify the required timing for compliance; and,
WHEREAS, on September 9, 1997, the Planning Commission of the City of
Rancho Palos Verdes adopted P. C. Resolution No. 97-44 approving Revision "D" to
the Ocean Trails project, which involved an amendment to Conditional Use Permit No.
162 (Residential Planned Development) to modify the minimum rear yard setbacks on
Lot Nos. 6 through 9 to provide an adequate buffer between the proposed residences
and the potential brush fires that may occur on the adjacent habitat area; and,
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WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 98-32 approving Revision "E" to the Ocean Trails
project, which involved an amendment to Conditional Use Permit No. 163 ( Golf Course)
to modify the bonding requirements for the golf course improvements; and,
WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 98-59, approving Revision "F" to the Ocean Trails
project, which involved, modifying the configuration of Streets "C" and "D" and Lot Nos.
1 through 13 of Vesting Tentative Tract Map No. 50667 to accommodate the final
location of the Foundation Setback Line, and a revision to Conditional Use Permit No.
162 (Residential Planned Development) to address maximum building height; and,
WHEREAS, on July 14, 1998, the Planning Commission adopted P.C. Resolution
Nos. 98-26 and 98-27, thereby recommending approval of Addendum No. 6 to EIR No.
36 and Revision "G" to Conditional Use Permit No. 163 to the City Council; and,
WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 98-76 approving Addendum No. 6 to Environmental
Impact Report No. 36 and the proposed Revision "G" to the Ocean Trails project, which
included: 1) an 18% increase in the size of the clubhouse from 27'000ft2 to 32,927ft2; 2)
an increase in the size of the maintenance facility from 6'000ft2 to 9,504ft2; 3) a 2'
increase in the upslope height of the maintenance facility building; and, 4) relocation of
the maintenance building and reconfiguration of the maintenance facility parking lot;
and,
WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 99-10 approving Addendum No. 7 to Environmental
Impact Report No. 36 and the proposed Revision "H" to the Ocean Trails project, which
included: changing 6 of the residential lots within VTTM 50667 from flat pad lots to split
level lots, lowering the overall pad elevation for each lot, and lowering Street 'B' within
the subdivision, and lowering the pad elevation for 6 other lots within the subdivision.
Additionally, the approval included the modification of the project's mitigation measures
and conditions of approval to allow the permitted construction hours for the entire
Ocean Trails project to be expanded to include Sundays through March 21, 1999; and,
WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes
adopted Resolution No. 99-29 approving Addendum No. 8 to Environmental Impact
Report No. 35 and the proposed Revision "I" to the Ocean Trails project, which included
a change to the design of the storm drain facilities of the Ocean Trails project from a
tunneled pipe system to the existing on- site canyons. Revision "I" only amended the
drainage for the east side of the Ocean Trails project, involving La Rotonda Canyon;
and,
WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re-
activated; and,
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WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 99-55 approving Addendum No. 9 to Environmental
Impact Report No. 36 and the proposed Revision "J" to the Ocean Trails project, which
included 1), the conditions requiring the establishment of a maintenance district be
revised by eliminating the maintenance district and having the golf course owner be the
sole responsible entity for maintenance thereby excluding the future residential
homeowners; 2) withdrawn by applicant; 3), the timing of the installation of ornamental
fencing on each Resolution No. 2007-31 Page 3 of 9 residential lot be delayed until prior
to issuance of certificate of occupancy; 4), delay the construction of two trails within
VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public
Amenities Plan; 5), lower the approved residential building pad elevations and create
split-level pads in VTTM No. 50666; 6), delay the payment of traffic impact fees to prior
to Final Map No. 50666; 7), allow an increase in total building area of the clubhouse by
permitting a basement space; 8), withdrawn by applicant; and 9), revise the hours
permitted for golf course landscape gardening; and,
WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 2000-27 approving Addendum No. 10 to Environmental
Impact Report No. 36 and the proposed Revision "K" to the Ocean Trails project, which
allowed a portion of the golf course to open for play before all of the required public
amenities have been completed due to delays caused by the failure of Landslide C on
June 2, 1999; and,
WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 2000-38 certifying a Final Supplemental Environmental
Impact Report to Environmental Impact Report No. 36, adopting a Mitigation Monitoring
Program, adopting a Statement of Overriding Considerations, and the proposed
Revision "L" to the Ocean Trails project, for the repair of Landslide C at Ocean Trails;
and,
WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos
Verdes approved Revision "M" to the Ocean Trails Project, thereby approving an
amendment to the Habitat Conservation Plan (HCP), an amendment to the HCP
Implementing Agreement, and approval of a Conservation Easement over the lower
portion of Shoreline Park; and,
WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos
Verdes approved Revision "N" to the Ocean Trails Project, thereby approving a
Mitigated Negative Declaration and amending the project to accommodate a change to
the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe
system to the existing on-site canyons. Revision "N" only amended the drainage for the
west side of the Ocean Trails project, involving Forrestal Canyon; and,
WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos
Verdes approved Revision "P" to the Ocean Trails Project, thereby approving an
amendment to allow Ocean Trails an extension of time to provide 4 on-site affordable
Resolution No. 2016 -
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housing units for rent from "prior to one year of the opening of the clubhouse" to "prior to
the opening of the 18 -hole golf course"; and,
WHEREAS, on August 19, 2003, the City Council of the City of Rancho Palos
Verdes approved Revision "T" to the Ocean Trails Project, thereby approving an
amendment to allow an expansion to the Clubhouse Building; and,
WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos
Verdes approved Revision "U" to the Ocean Trails Project, thereby approving an
additional expansion to the Clubhouse Building; and,
WHEREAS, on April 20, 2004, the City Council of the City of Rancho Palos
Verdes approved Revision "V" to the Ocean Trails Project, thereby allowing 1)
basement areas of one-story structures to be excluded from the existing 30% "
Maximum Habitable Space" requirement, but require that the basement habitable area
be added to the first floor habitable area in complying with the " Maximum Habitable
Space Square Footage" requirement; 2) permitting a change in the height of Lot #2 to
allow for a subterranean garage; and 3) permitted construction of retaining walls and
access to the proposed subterranean garage; and,
WHEREAS, on June 7, 2005, the City Council of the City of Rancho Palos
Verdes approved Revision "W" to the Trump National Golf Club project thereby revising
CUP No. 162, CUP No. 163, VTTM 50666, and Grading Permit No. 1541 to
accommodate a new driving range in place of 16 residential lots within VTTM 50666;
and, Resolution No. 2007-31 Page 4 of 9; and,
WHEREAS, on May 2, 2006, the City Council approved Revision "Z" to the
Trump National Golf Club project to revise Conditional Use Permit No. 163 to allow a
change in the golf course design to permit an increase in height for Waterfall #1 and
new back tees on Hole #2, and to revise Grading Permit No. 1541, to allow an
additional temporary 3 -month opening of the golf course and driving range to the public;
and,
WHEREAS, on June 22, 2006, the owner, V.H. Property Corp., submitted an
application requesting approval of an amendment to Conditional Use Permit No. 163
and a Variance to accommodate a new 70' tall flagpole located at the back tee of Hole
#1; and,
WHEREAS, on July 5, 2006, said application was deemed complete for
processing; and,
WHEREAS, on July 25, 2006, after notice issued pursuant to the provisions of
the Development Code, the Planning Commission held a public hearing to consider the
request (Case No. ZON2006-00328), at which time all interested parties were given an
opportunity to be heard and present evidence. At said hearing the Planning Commission
adopted P. C. Resolution No. 2006-37 denying the Applicant's request; and,
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Whereas, on August 9, 2006, the Applicant filed a timely appeal of the Planning
Commission's decision; and,
WHEREAS, on September 19, 2006, the City Council conducted the appeal
hearing at which time the Council 1) decided to move forward with an alternative that
would maintain the existing flag pole; and, 2) directed staff to explore options with
Trump National to retain the flag pole; and, 3) instructed the negotiators to consider
providing: a) access steps from the public parking lot to the flag pole; and b) a
dedication of land around the flag pole in fee to the City with an access easement to
Trump National; and c) construction plans and engineering specifications required to
obtain an as- built building permit for the flag pole; and d) maintenance by Trump
National and its successors in perpetuity to raise and lower the flag, maintain the flag,
rigging and flag pole and tend the landscaping within the dedication area; and e)
appropriate lighting to allow the flag to be flown at night with all associated costs to be
at Trump National's or its successor's sole expense. The Council then continued the
public hearing for the appeal to a date uncertain so as to allow the Applicant to respond
to the Council's action; and,
WHEREAS, on February 6, 2007, the Council held a public hearing and
considered the Applicant's proposed 4 alternative locations for a public viewing area
and then provided the following direction for Staff and the Applicant to work out: a)
Applicant shall place two benches and two tables to be used as a public viewing area in
Founders Park between an existing bicycle trail and the 18th tee; and b) Applicant shall
dedicate land around the flag pole in fee to the City with an access easement to Trump
National; and c) Applicant shall submit construction plans and engineering
specifications required to obtain an as -built building permit for the flag pole; and d) a
maintenance agreement shall be agreed upon so that Trump National and its
successors in perpetuity will raise and lower the flag, maintain the flag, rigging and flag
pole and tend the landscaping within the dedication area; and e) Applicant shall install
appropriate lighting to allow the flag to be flown at night with all associated installation
and maintenance costs to be borne by Trump National or its successor's in perpetuity,
with acknowledgement that only the City has the authority to turn the lights on; and f)
Applicant shall indemnify City in regards to the construction/ installation of the flag pole
and use of the easement area. The Council then continued the item to the March 20,
2007 City Council meeting so that Staff and the Applicant could have additional time to
prepare the appropriate documentation and Resolutions for approval of the CUP
amendment and Variance; and, Resolution No. 2007-31 Page 5 of 9; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA
Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's
Local CEQA Guidelines, and Government Code Section 65952. 5(e) (Hazardous Waste
and Substances Statement), on March 14, 2007, copies of the draft Addendum No. 26
to Environmental Impact Report No. 36 were distributed to the City Council and prior to
taking action on the proposed Revision "1313" to the Trump National Golf Club project,
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the City Council independently reviewed and considered the information and findings
contained in Addendum No. 26 to EIR No. 36; and,
WHEREAS, on March 20, 2007, the City Council adopted Resolution No. 2007-
31, thereby approving an appeal and thereby conditionally approving Revision "BB" to
Conditional Use Permit No. 163 and Variance to allow a 70' tall after -the -fact flag pole
near the back tee of Golf Hole #1, which is located in an area that has already been
graded and developed as part of the golf course; and,
WHEREAS, on July 17, 2007, the City Council adopted Resolution No. 2007-85,
thereby approving Amendment No. 1 to Revision "BB" of Conditional Use Permit No.
163 and a Variance; thereby allowing changes to action deadlines to existing conditions
of approval to 60 days after final action by the California Coastal Commission; and,
WHEREAS, on July 9, 2014, the California Coastal Commission conducted a
public meeting to consider a number of items related to Trump National that were
previously approved by the City Council but have been awaiting Coastal Commission
review, including the existing 70' tall flag pole that was approved by the City Council in
2007; and,
WHEREAS, at the July 9, 2014 meeting, the Coastal Commission did not
approve the flag pole because the City's Local Coastal Plan (LCP) does not address
flag poles in the Coastal Zone, and the Coastal Commission suggested that the City
amend its LCP to specifically allow 70' tall flag poles in the Coastal Zone; and,
WHEREAS, on July 29, 2014, the City Council initiated the process to amend the
City's LCP to specifically address the height of flag poles in the City's Coastal Zone;
and,
WHEREAS, on October 14, 2014, the Planning Commission, at a duly noticed
public hearing, reviewed the proposed text amendment to the LCP and recommended,
via minute order, that the City Council approve the proposed text with one minor
modification replacing "American flag" with the text "flag of the United States of
America;" and,
WHEREAS, on November 4, 2014, the City Council adopted Resolution 2014-73,
thereby adopting a Negative Declaration for a text amendment at the end of the Visual
Corridors section of the City's Local Coastal Plan to allow flag poles up to 70' in height
that meet specific standards in the City's coastal zone; and,
WHEREAS, on November 4, 2015, the Trump organization submitted a Coastal
Development Permit application to allow the existing 70' tall flag pole to remain in the
City's coastal zone; and,
WHEREAS, on December 3, 2015, Staff deemed the application complete; and,
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WHEREAS, on January 28, 2016, pursuant to the City's Municipal Code, a public
notice was published in the Peninsula News and mailed to property owners within a
500' radius of the project site and to interested parties, inviting public comments on the
proposed amendment to Conditional Use Permit No. 163, Variance, and Coastal Permit;
and,
WHEREAS, on February 16, 2016, the City Council held a duly noticed public
hearing to consider the proposed Amendment No. 2 to Conditional Use Permit No. 163
and Coastal Permit;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the proposed request is for 1) Amendment No. 2 to Revision
"BB" (Conditional Use Permit No. 163 and Variance) to modify the existing action
deadlines of specific conditions of approval within Resolution No. 2007-85 to a date
after a Coastal Permit is approved by the City Council; and 2) a Coastal Permit to allow
the existing 70' tall flag pole to remain on the Trump National Golf Club property.
Section 2: Pursuant to Section 17.60.050 of the Development Code, in
approving the Amendment No. 2 to Revision "BB" (Conditional Use Permit No. 163 and
Variance), the City Council finds that the change in action deadlines is relatively minor
and does not affect the approval nor change any of the findings adopted for the flag
pole through Revision "BB", which in adopting Amendment No. 2 to CUP No. 163, the
findings are as follows:
a. That the site is adequate in size and shape to accommodate the proposed use
and for all of the yards, setbacks, walls, fences, landscaping and other features
required by this title or by conditions imposed under this section to integrate said
use with those on adjacent land and within the neighborhood because the entire
subject site is approximately 243 acres which is of sufficient size to
accommodate a 70' tall flag pole. Additionally, the site of the proposed flag pole
is located towards the middle of the subject property - a significant distance
setback from other neighboring residential structures so as to ensure that the
proposed flag pole does not cause any significant visual impacts to such
residential properties and to any view corridors; and,
b. That the site for the proposed use relates to streets and highways sufficient to
carry the type and quantity of traffic generated by the subject use because the
proposed flagpole will not cause any increase in use of the subject golf course
site and therefore will not generate any increase in the use of streets, highways
or necessitate additional parking spaces at the site; and,
c. That in approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use thereof
because considering the expansive views over the project site the proposed
Resolution No. 2016 -
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flagpole does not create " significant" view impairment to neighboring properties
or view corridors. Further, the relative size of the flagpole compared to the overall
size of the subject property along with the significant setback between the
flagpole and adjacent properties ensures that there will be no significant visual
impacts related to the magnitude of what a 70' tall flagpole may cause if located
closer to adjacent properties.
d. That the proposed use is not contrary to the General Plan because the property,
while having a residential land use designation, includes the ancillary uses of a
golf course and clubhouse, of which these types of ancillary uses typically
include amenities such as a flag pole.
e. That the proposed use is located within the "Natural", " Socio/cultural", and "
Urban Appearance" overlay control districts established by Municipal Code
Chapter 17.40, and the proposed use complies with all applicable requirements
of that chapter.
f. That the following conditions of approval, which were adopted through Resolution
No. 2007-85 have been amended to reflect current action deadlines as follows
(strikethro iivh for text removed and bold/underline for text added), which the
\\City Council finds to be necessary to protect the health, safety and general
welfare:
V. Flag Pole
1. The conditions found under Section V. of Conditional Use Permit No. 163
pertain to the approval of Revision BB to the project, as approved by the City
Council on March 20, 2007 approves the erection of a 70' tall flagpole near the
back tee of Golf Hole #1 for the purpose of flying the flag of the United States
of America. No other flag, object or display shall be flown form such flagpole
without the approval of the City Council. The Applicant shall be responsible for
abiding by all laws related to the flag of the United States as found in United
States Code, Title 4, Chapter 1.
2. Prior to 60 days after final action by the City Council on February 16, 2016
September 20, —2007, the Applicant shall be responsible for installing 4
benches in Founders Park to serve as public viewing areas. The location of
the benches shall be as follows: two benches to be located at sites #1 and #2
as shown in the Applicant's depiction presented to the Council at their March
20, 2007 meeting, one bench to be installed at the southern end of Founder's
Park at the western edge and one bench to be installed at the southern end of
Founder's Park at the eastern edge, subject to review and approval by the
Director of Planning, Building and Code Enforcement. The Applicant shall be
responsible for the ongoing maintenance of the benches.
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3. Prior to 60 days after final action by the Gafifemia Coastal Commission City
Council on February 16, 2016, the Applicant shall dedicate 25 square feet (5'
x 5) of property around the existing flag pole base to the City. Upon
recordation, the City will henceforth be the owner of said property and the
amenities located thereon. The Applicant shall be responsible for paying all
necessary fees for the preparation of Grant Deed documents, including the
legal description of said property and review by the City Engineer and City
Attorney.
4. Prior to 60 days after final action by the Cafifernia Coastal Commission City
Council on February 16, 2016 and prior to recordation of the Grant Deed that
dedicates the 25 square foot property beneath the flag pole to the City, the
Applicant shall obtain a building permit and a final on said permit for the flag
pole and lighting equipment that will illuminate the flag. The Applicant shall be
responsible for paying all necessary after -the -fact penalty fees for such
building permit.
5. The Applicant shall be responsible for raising and lowering the flag on a daily
basis in compliance with all laws related to the United States Flag found in the
United States Code, Title 4, Chapter 1. Additionally, the Applicant shall be
responsible for maintaining, including the costs of such maintenance, the flag,
rigging, flag pole, flag lighting, and any landscaping within the 25 square foot
dedication area.
6. Prior to 60 days after final action by the Gafifdmia Geastai Commission City
Council on February 16, 2016, the Applicant shall enter into a Reciprocal
Easement Agreement that would allow the Trump Organization to access the
flag pole site for maintenance activities while also providing an easement over
golf course property to allow the City to access the flag pole site.
7. Prior to 60 days after final action by the Galifemia Geastai Commission City
Council on February 16, 2016, the Applicant shall obtain a building permit,
install flag lighting and obtain a final on the flag lighting building permit. The
City shall be the only responsible entity for determining when and for how long
the lights that illuminate the flag shall be used. At no time shall the Applicant
or any other party illuminate the flag without the approval of the City. If and
when the City determines that the flag should be illuminated, the City shall
notify the Applicant no later than 24 hours in advance of such illumination.
8. Prior to 60 days after final action by the Cafifernia Coastal Commission City
Council on February 16, 2016, the Applicant shall enter into an
Indemnification Agreement that indemnifies the City against any action
associated with the Applicant's installation/construction of the amenities
located on the 25 square foot property, as well as the maintenance and all
other activities related to the flag and flag pole.
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Section 3: Pursuant to Section 17.72 of the Development Code, in approving a
Coastal Permit, the City Council finds as follows:
A. That the proposed development is consistent with the Coastal Specific Plan,
specifically with the following recent text amendment to the Visual Corridor
section. Said text amendment was approved by the City Council on November 4,
2014, with the objective to specifically allow the existing Trump National flag pole
to remain as a local landmark and public amenity while not allowing a
proliferation of other such flag poles. No changes have been made to the
existing flag pole since that time.
Flag Poles (Page C-12 of the Coastal Specific Plan)
Flag poles in the Coastal Zone are permitted up to 12 -feet in height, as
measured from adjacent grade, with no discretionary review, or up to 16 -feet
in height, as measured from adjacent grade, with a Site Plan Review
application to ensure there is no significant view impairment caused by the
flag pole above 12 -feet in height. Flag poles in the Coastal Zone may exceed
16 -feet in height, up to a maximum height of 70 -feet, as measured from
adjacent grade provided the following parameters are met:
• One flag pole exceeding 16 -feet in height is permitted for any parcel of 120
acres or more, provided that, within the 120 -plus -acre legal parcel, the land
on which the flag pole is erected is owned by or dedicated to the City so as
to allow for public access and to allow only the flag of the United States of
America to be flown on said flag pole;
• The flag pole shall be consistent with the height restrictions identified in the
visual corridors section of the LCP;
• An approved Variance Permit to exceed the City's 16 -foot height limit must
be obtained from the City; and,
• The property where the flagpole is located must provide a minimum of 20
free public parking spaces, public restrooms, drinking fountain, and public
bench seating.
B. That the proposed development, when located between the sea and the first
public road, is consistent with applicable public access and recreation policies of
the Coastal Act. Over the years, the existing flag pole has become and
considered a visitor -serving public amenity and landmark. The existing
conditions of approval for the flag pole require that it be located on land owned or
deeded to the City and that certain amenities be available to accommodate
public access, such as free public parking, restrooms, seating areas, and
drinking fountains. These public amenities are intended to ensure public access
Resolution No. 2016 -
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IA
Section 3: Pursuant to Section 17.72 of the Development Code, in approving a
Coastal Permit, the City Council finds as follows:
A. That the proposed development is consistent with the Coastal Specific Plan,
specifically with the following recent text amendment to the Visual Corridor
section. Said text amendment was approved by the City Council on November 4,
2014, with the objective to specifically allow the existing Trump National flag pole
to remain as a local landmark and public amenity while not allowing a
proliferation of other such flag poles. No changes have been made to the
existing flag pole since that time.
Flag Poles (Page C-12 of the Coastal Specific Plan)
Flag poles in the Coastal Zone are permitted up to 12 -feet in height, as
measured from adjacent grade, with no discretionary review, or up to 16 -feet
in height, as measured from adjacent grade, with a Site Plan Review
application to ensure there is no significant view impairment caused by the
flag pole above 12 -feet in height. Flag poles in the Coastal Zone may exceed
16 -feet in height, up to a maximum height of 70 -feet, as measured from
adjacent grade provided the following parameters are met:
• One flag pole exceeding 16 -feet in height is permitted for any parcel of 120
acres or more, provided that, within the 120 -plus -acre legal parcel, the land
on which the flag pole is erected is owned by or dedicated to the City so as
to allow for public access and to allow only the flag of the United States of
America to be flown on said flag pole;
• The flag pole shall be consistent with the height restrictions identified in the
visual corridors section of the LCP;
• An approved Variance Permit to exceed the City's 16 -foot height limit must
be obtained from the City; and,
• The property where the flagpole is located must provide a minimum of 20
free public parking spaces, public restrooms, drinking fountain, and public
bench seating.
B. That the proposed development, when located between the sea and the first
public road, is consistent with applicable public access and recreation policies of
the Coastal Act. Over the years, the existing flag pole has become and
considered a visitor -serving public amenity and landmark. The existing
conditions of approval for the flag pole require that it be located on land owned or
deeded to the City and that certain amenities be available to accommodate
public access, such as free public parking, restrooms, seating areas, and
drinking fountains. These public amenities are intended to ensure public access
Resolution No. 2016 -
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and the public's enjoyment to view the United States of America flag. Minor
changes are proposed to the existing conditions of approval to re -set the due
dates for specific actions by the applicant for compliance. With the updated
conditions of approval in place, the existing flag pole is consistent with the
policies of the Coastal Act.
Section 4: That the existing flag pole adopted through Revision "BB" and its
subsequent amendment in 2007, as well as minor revisions reflected as Amendment
No. 2 are consistent with the City's Development Code through the approval of this
Conditional Use Permit amendment and Coastal Permit found in Sections 2 and 3
above, and because the ancillary use of a flag pole is permitted under the RS -1 zoning
district of the subject site.
Section 5: Pursuant to Development Code section 17.72.100, an appeal of the
city's final decision may be filed by an applicant, any aggrieved person or any two
members of the coastal commission. The time within which judicial review of the
decision reflected in this Resolution, if available, must be sought as governed by
Section 1094.6 of the California Code of Civil Procedure or any other applicable short
periods of limitations.
Section 6: For the foregoing 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 approves Amendment No. 2 to Revision "BB" of Conditional Use
Permit No. 163 and a Coastal Permit, with associated conditions of approval that are
attached in Exhibit "A", which are necessary to protect the public health, safety and
general welfare. All other conditions of approval that have been imposed on this project
shall remain in effect and incorporated herein.
PASSED, APPROVED, AND ADOPTED this 16th day of February 2016.
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
Mayor
Resolution No. 2016 -
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I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the above Resolution No. 2016-_ was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on February 16,
2016.
City Clerk
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RESOLUTION NO. 2016-_, EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 163/VARIANCE - REVISION "BB"
CONDITIONS OF APPROVAL FOR A GOLF COURSE DEVELOPMENT
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of Amendment No. 2 to Revision "BB" of the
Conditional Use Permit, the developers shall submit, in writing, a statement that
they have read, understand and agree to all of the conditions of approval
contained in this exhibit.
2. The developer shall fund an alternative water source study in an amount not to
exceed fifty thousand (50,000) dollars. The purpose of the study shall be to
investigate the feasibility of developing various alternative water sources for
support of the golf course and related facilities including such alternatives as
desalinization, reverse osmosis and other similar technologies, water
reclamation, use of de -watering wells, etc. However, upon written request, the
City Council may waive or delay the requirement to prepare said study.
3. If there are drought conditions at the time the golf course is developed, or if for
any other reason the availability of water is scarce, the developer or its successor
in interest shall contribute its proportionate share of the cost of developing new
water sources for the City, including off-site development, identified in the study
required in Condition A.2. The City or other responsible agency shall determine
the amount of the proportionate share by conducting the necessary studies.
However, upon written request, the City Council may waive or delay the payment
of the contribution, contingent on a determination by the City Council that an
alternative water source study is necessary pursuant to Condition A.2.
4. Approval of this Conditional Use Permit is conditioned upon the applicant
entering into an agreement with the City of Rancho Palos Verdes within twenty
(20) days of the date of this approval, subject to approval by the City Attorney, to
indemnify and defend the City against all damages, claims, judgements, and
litigation costs, including, without limitation, attorney's fees awarded to a
prevailing party, arising from the approval of the project and all issues related
thereto.
B. PERMIT EXPIRATION AND COMPLETION DEADLINE
1. Pursuant to Development Code Section 17.86.070 (formally 17.67.090), this
permit shall expire within twenty four (24) months from the date that the Coastal
Permit associated with this Conditional Use Permit is approved by the last
responsible agency approval, unless a grading permit for the golf course and
building permits for the clubhouse structure have been applied for and are being
diligently pursued. Extensions of up to one (1) year each may be granted by the
City Council, if requested in writing prior to expiration.
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2. If rough grading for the golf course and construction to the point of foundation
inspection for the clubhouse structure has not been completed within twenty four
(24) months from the date of building permit issuance, the Conditional Use
Permit shall expire and be of no further effect, unless, prior to expiration, a
written request for extension is filed with the Director of Planning, Building and
Code Enforcement and is granted by the City Council. Otherwise, a new
Conditional Use Permit must be approved prior to further development.
C. GOLF COURSE CLUBHOUSE
1. The golf clubhouse shall be located west of the terminus of Street "A" (Paseo Del
Mar extension), in the area generally described as east of Forrestal Canyon,
south of the single family Lot Nos. 6, 7, and 8 located on Street "B", and north of
Half Way Point Park, as shown on "Site Plan for Conditional Use Permit
Amended Map No. 2," dated June 19, 1996, prepared by ESCO Engineering
Service Corporation, and dated as received by the City on August 2, 1996. No
portion of the golf course clubhouse shall be located in areas currently zoned
Open Space Hazard (OH). A minimum factor of safety of 1.5 shall be
demonstrated for the clubhouse structure. If the developer is unable to provide
for a minimum factor of safety of 1.5 using mechanical methods, including but not
limited to de -watering wells, or if the clubhouse location is modified for any other
reason, the developer shall submit an application for a revision to this Conditional
Use Permit, for review and approval by the Planning Commission and City
Council prior to recordation of any Final Map.
2. The size, height, design and placement of the clubhouse shall substantially
conform to the plans reviewed by the City Council, which are entitled "Proposed
Club House Expansion and Remodel", prepared by Envirotechno, dated June 11,
2003 and dated as received by the City on October 30, 2003. The maximum size
of the Clubhouse shall be 41,281 square feet. Any increases to the size of the
structure shall require approval of an amendment to this Conditional Use Permit
by the City Council. Further, the Basement Space can only be utilized provided
that the developer obtains all necessary approvals and permits from the Building
Department and Fire Department.
3. The public rest rooms on the lower level of the clubhouse shall be increased in
size to include a minimum of four (4) water closets in the women's facility and
one (1) water closet and two (2) urinals in the men's facility. The design,
orientation and signage of this facility shall clearly encourage use by the public
visiting the adjacent park and access trails. The final design of the public rest
rooms shall be subject to the review and approval of the Director of Planning,
Building and Code Enforcement.
4. The height of the clubhouse shall conform to the requirements of Variance No.
380, as specified in Resolution No. 94-77.
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D. AFFORDABLE HOUSING
1. The developer shall provide a minimum of four (4) dwelling units on-site as rental
housing, which shall be affordable to very low to low income households. These
units shall be provided on-site in conjunction with development of the golf course.
Each unit shall contain at least 850 square foot of living space and two
bedrooms. A minimum of two enclosed parking spaces shall be provided for
each unit. The units shall be available for rent prior to the opening of the 18 -hole
golf course. A covenant which guarantees that the affordable units shall not
revert to market rate for a minimum period of thirty years shall be recorded no
later than the date of recordation of the final map.
Project management, including tenant selection and income monitoring, shall be
provided in a manner to be approved by the City. First priority for the units shall
be given to very low to low income employees of the Ocean Trails project.
Second priority shall be given to persons within very low to low income levels
working within four miles of the City's coastal zone. Third priority shall be given
to persons within very low to low income levels, regardless of the location of
employment (if employed).
2. The total number of on-site market -rate dwelling units shall be limited to one
dwelling unit per buildable acre of land. However, as an incentive to the developer
to provide affordable housing, the four (4) affordable dwelling units to be provided
on-site, pursuant to Condition D.1 above, shall be allowed to exceed the one
dwelling unit per buildable acre maximum. However, in no event shall more than 63
units (both market -rate and affordable) be constructed on the total project site,
which includes Vesting Tentative Tract Map Nos. 50666 and 50667.
3. The developer shall provide a minimum of two (2) dwelling units off-site as rental
housing, which shall be affordable to very low to low income households. The off-
site units shall be located in the City, either within the City's coastal zone or within
three miles thereof, and shall not already be designated for or used by persons or
families of very low to moderate income levels. The units shall contain at least 850
square feet of habitable space and two bedrooms. The units shall be available for
rent within 30 days after the issuance of the Department of Real Estate's "White
Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract
No. 50666. The developer shall notify the City within 5 business days after the
Department of Real Estate issues the "White Report". The units shall remain
affordable to very low to low income households for a period of at least thirty years
after initial occupancy at the affordable rate.
Project management, including tenant selection and income monitoring, shall be
provided in a manner to be approved by the City. First priority for the units shall
be given to very low to low income employees of the Ocean Trails project.
Second priority shall be given to persons within very low to low levels working
within four miles of the City's coastal zone. Third priority shall be given to
Resolution No. 2016 -
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persons within very low to low income levels, regardless of the location of
employment (if employed).
4. The on-site affordable housing units shall be located near the southeast
intersection of Palos Verdes Drive South and Paseo Del Mar, provided that
mechanical methods including, but not limited to de -watering wells, are utilized to
ensure a minimum factor of safety of 1.5 for the affordable housing units.
Additionally, no portion of the affordable housing units shall be located in areas
currently zoned Open Space Hazard (OH). If the developer is unable to provide
for a minimum factor of safety of 1.5 using mechanical methods, or if the location
of the affordable housing complex is modified for any other reason, the developer
shall submit an application for a revision to this Conditional Use Permit, for
review and approval by the Planning Commission and City Council prior to
recordation of any Final Map, or issuance of the grading permit, whichever
occurs first.
5. The size, height, design and placement of the affordable housing complex shall
substantially conform to the plans reviewed by the Planning Commission, which
are entitled "Ocean Trails Clubhouse" (site plan, floor plans and elevations),
prepared by Klages Carter Vail and Partners, dated May 1, 1994 and dated as
received by the City on August 5, 1994. However, the required parking shall be
modified to include a minimum of eight (8) enclosed garage spaces, pursuant to
Condition D.1 above. Prior to issuance of building permits for the complex, the
final design of the affordable housing complex shall be submitted for review and
approval by the Director of Planning, Building and Code Enforcement. The
developer of the affordable housing complex shall be required to participate in
any Design Review Committee ("DRC") or similar body processes in place at the
City at the time development and construction plans for the affordable housing
units are submitted.
6. The unenclosed guest parking spaces associated with the affordable housing
complex shall be designed in such a manner as to blend with the single family
residential appearance of the complex. Prior to the issuance of building permits
for the complex, the final design of the guest parking spaces shall be submitted
for review and approval of the Director of Planning, Building and Code
Enforcement.
E. GOLF COURSE MAINTENANCE FACILITY
1. The golf course maintenance facility shall be located near the southeast
intersection of Palos Verdes Drive South and Paseo Del Mar and the affordable
housing complex, provided that mechanical methods including, but not limited to
de -watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the
maintenance structure. Additionally, no portion of the golf course maintenance
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•
structure shall be located in areas currently zoned Open Space Hazard (OH). If
the developer is unable to provide for a minimum factor of safety of 1.5 using
mechanical methods, or if the location of the golf course maintenance facility is
modified for any other reason, the developer shall submit an application for a
revision to this Conditional Use Permit, for review and approval by the Planning
Commission and City Council prior to recordation of any Final Map, or issuance
of the grading permit, whichever occurs first.
2. The size, height, design and placement of the golf course maintenance facility
shall substantially conform to the plans reviewed by the Planning Commission,
which are entitled "Ocean Trails at Palos Verdes" prepared by HRMA Inc., dated
as received by the City on July 13, 1998. Prior to issuance of building permits for
the facility, the final design of the maintenance facility shall be submitted for
review and approval by the Director of Planning, Building and Code Enforcement
for conformance with the plans approved by the Planning Commission on July
14, 1998. The Maintenance Facility, including the 75 -space overflow parking lot
and 25 -space employee parking lot shall be completed and a final certificate of
use and occupancy shall be obtained prior to the opening of the 18 -hole golf
course.
3. The maximum ridge height of the maintenance facility shall not exceed a height
of 24 feet over the equipment storage area and 26 feet over the repair shops and
offices. Ridge height certification is required at building framing inspection.
4. The golf course maintenance facility shall be enclosed by a maximum six (6) foot
high, decorative block wall. The final location of the wall shall be subject to the
review and approval of the Director of Planning, Building and Code Enforcement,
prior to the issuance of building permits for the facility.
F. DESIGN OF THE GOLF COURSE AND DRIVING RANGE
1. The design and layout of the 18 hole golf course shall substantially conform to
the plans reviewed by the Planning Commission, which are entitled "Site Plan for
Conditional Use Permit Amended Map No. 2," dated June 19, 1996, prepared by
ESCO Engineering Service Corporation, and dated as received by the City on
August 2, 1996. Prior to commencement of the construction of the golf course,
the final design of the golf course shall be submitted for review by the Director of
Planning, Building and Code Enforcement and subsequently submitted for review
and approval by the City Council for compliance with the plan referenced in this
condition. The final design of the golf course shall identify the layout of the golf
course holes and other improvements, including drainage structures, utility
easements, golf cart paths, public trails and beach access. Wherever possible,
the final design of the golf course shall minimize any conflict between the use of
the golf holes and the public trails.
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2. Any changes in the project which results in significant changes in the
development characteristics of the approved conceptual plan per Condition F.1
above, shall require that an application for a revision to the Conditional Use
Permit be filed. The scope of the review shall be limited to the request for
modification of any items reasonably related to the request, and shall be subject
to approval by the City Council. Before any minor changes are made to the
development, the Director of Planning, Building and Code Enforcement shall
report to the City Council a determination of significance.
3. Prior to issuance of any grading permit, the developer shall submit a final Public
Amenities Plan, including signage, specific design standards and placement for
all trails, vista points and parking facilities, and other amenities consistent with
the Conceptual Trails Plan and subject to the review of the Recreation and Parks
Committee, the Director of Planning, Building and Code Enforcement, the
Director of Public Works, and the Director of Parks and Recreation, and approval
by the City Council. The Public Amenities Plan shall be in substantial
conformance with the program described in the "Ocean Trails Conceptual Public
Amenities and Coastal Access Program for Rancho Palos Verdes Subregion 7",
dated July 1994 and dated as received by the City on July 22, 1994.
4. Prior to recordation of the Final Map, any additional acreage needed to increase
the size or area for the golf course and related uses shall be obtained by
reducing the acreage currently designated for residential purposes within Tract
50666, Tract 50667, or a combination thereof, provided a minimum of thirty (30)
percent of the area within each tract remains for Common Open Space. Any
additional acreage needed to increase the area of the golf course shall not result
in a reduction in the acreage of land to be dedicated or restricted for public open
space uses as shown on the approved Ocean Trails Plan.
5. Any artificial water features (water hazards, fountains, artificial lakes, etc.)
associated with the golf course are subject to review and approval by the Director
of Planning, Building and Code Enforcement, prior to the issuance of a grading
permit. Such features shall be permitted, subject to the conditions that they be
lined to prevent percolation of water into the soil and are charged with reclaimed
and appropriately treated water when available from related uses after such
features are initially established. The reclaimed water stored in any artificial
water features shall be used to supplement the irrigation systems required to
maintain the golf course. The operation of the water features and reclaimed
water shall be subject to all applicable health code requirements. If there are any
violations in this condition of approval, or if such features create a public
nuisance at any time (visual appearance, odor, etc.). Approval of such features
may be revoked through a public hearing before the Planning Commission,
where mitigation including draining, filling, and re -landscaping may be imposed.
6. Any accessory structures associated with the golf course, including but not
limited to a snack shop, convenience and comfort facilities, or similar structures,
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shall not exceed sixteen (16) feet in height unless a minor revision to the
Conditional Use Permit and a Variance are granted by the Planning Commission.
7. The design and layout of the driving range shall substantially conform to the
plans reviewed by the City Council, which are entitled "Ocean Trails Driving
Range/Lot Layout Proposed amendment Tentative Tract No. 50666, dated
February 2, 2005", prepared by ESCO Engineering Service Corporation. Prior to
commencement of the construction of the driving range, the final design/grading
permit of the golf course shall be submitted for review and approval by the
Director of Planning, Building and Code Enforcement for compliance with the
plan referenced in this condition. The final design/grading plan of the driving
range shall identify the layout of the driving range and other improvements,
including drainage structures, utility easements, golf cart paths, and public trails.
Wherever possible, the final design of the driving range shall minimize any
conflict between the use of the golf holes and the public trails.
8. Any changes in the project which results in significant changes in the
development characteristics of the approved conceptual plan per Condition F.7
above, shall require that an application for a revision to the Conditional Use
Permit be filed. The scope of the review shall be limited to the request for
modification of any items reasonably related to the request, and shall be subject
to approval by the City Council. Before any minor changes are made to the
development, the Director of Planning, Building and Code Enforcement shall
report to the City Council a determination of significance.
9. Subject to review and approval by the Department of Planning, Building and
Code Enforcement, the City Geologist and the City's Water Feature Consultant,
per Revision "Z" to CUP No. 163, the Applicant shall be permitted to raise the
height of Waterfall #1 and the Back Tees of Hole #2 according to the "As -Built
Topography Plans", dated September 8, 2005 and November 4, 2005, which
were prepared by ESCO Engineering Service Corporation. The shrubs planted
adjacent to and immediately north of the Back Tees of Hole #2 shall be removed.
No landscaping shall be planted in the immediate vicinity of the Back Tees of
Hole #2 that exceeds the height of the tee elevation and all landscaping in the
immediate vicinity shall be maintained at a height not to exceed the tee height.
G. OPERATION OF THE GOLF COURSE AND DRIVING RANGE
1. Approval of this Conditional Use Permit is contingent upon the concurrent and
continuous operation of the primary components of the project, which are the golf
course, driving range and clubhouse. If either use is discontinued, this
Conditional Use Permit will be null and void. If the landowner or the landowner's
successor in interest seeks to change the uses which have been designated, the
landowner must file an application for a major modification of the Conditional Use
Permit with the City. At that time, the Planning Commission may impose such
conditions as it deems necessary upon the proposed use and may consider all
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issues relevant to the proposed change of use, including, but not limited to,
whether the entire Conditional Use Permit should be revoked.
2. The hours of operation of the clubhouse may be limited by the City Council
based on the determination that excessive sound is audible from surrounding
residential properties.
3. Deliveries utilizing vehicles over forty (40) feet in length shall be limited to the
hours of 5:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 9:00
p.m. on Saturday and Sunday. Other vehicles shall be allowed to make
deliveries 24 hours a day.
4. Prior to the opening of the golf course and/or driving range, the use of gardening
equipment shall be controlled by a Golf Course Maintenance Plan which is
subject to review and approval by the Director of Planning, Building and Code
Enforcement, based on an analysis of equipment noise levels and potential
impacts to neighboring residents. The Plan shall be submitted for formal review
by the Director of Planning, Building and Code Enforcement within 3 months after
the first day that the golf course and/or driving range opens for play and annually
thereafter for the life of the golf course and/or driving range. At the 3 -month
review and at each subsequent annual review, the Director may determine that
the Plan needs to be revised to address potential noise impacts. The Director
may also determine that additional review periods and/or other conditions shall
be applied to the Maintenance Plan.
Further, if the City receives any justified noise complaints that are caused by the
maintenance of the golf course and/or driving range, as verified by the Director of
Planning, Building and Code Enforcement, upon receipt of notice from the City,
the owner(s) of the golf course shall respond to said verified complaint by
notifying the City and implementing corrective measures within 24 hours from
time of said notice.
The Director's decision on any matter concerning the golf course/driving range
maintenance may be appealed to the City Council. This condition shall apply to
all golf course owners, present and future. Any violations of this condition may
result in revocation of this Conditional Use Permit and subsequent cease of golf
course/driving range play.
5. No on-site repair or delivery of equipment and/or materials shall be permitted
before 7:00 a.m. or after 4:00 p.m., except for repair of golf course equipment
within enclosed structures.
6. Prior to the installation of landscaping on the golf course, the developer shall
submit a green waste management and recycling program for review and
approval by the Directors of Planning, Building and Code Enforcement and
Public Works.
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7. The operator of the golf facilities shall participate in the City's recycling program.
8. The City hereby reserves the right to increase the golf tax established by
Ordinance No. 291 on the golf course use to which the developer and any
successors in interest to the developer and any owner(s) and/or operator(s) of
the golf course shall not object. Written notice of this condition shall be provided
to any purchaser(s) prior to the close of escrow and/or operator(s) of the golf
course prior to the execution of any lease or contract agreement to operate the
golf course.
9. Any future heliport proposed with this development shall be subject to a new and
separate Conditional Use Permit. No heliport is permitted with this approval.
10. The golf course and driving range shall be used during daylight hours (dawn to
dusk) only. There shall be no lighting of the driving range or golf course.
11. If it is determined by the Director of Planning, Building and Code Enforcement,
that use of the driving range is causing significant hazardous impacts to public
safety resulting from stray golf balls causing injury to persons or property, upon
notice by the Director, the owner shall change the type of golf ball being utilized
for the driving range from a "regulation" golf ball to a "low -impact" golf ball. If the
use of "low -impact" golf balls does not prove successful in resolving the
hazardous impacts, according to the Director of Planning, Building and Code
Enforcement, then the Applicant shall meet the requirements of Mitigation
Measure H-4.
12. Through a public hearing, the City Council shall conduct a review of the driving
range and its operations in one year after a Certificate of Use and Occupancy
has been issued for the driving range.
13. The driving range and all practice putting greens shall be available for use by the
general public at all times that the golf course is open to the general public,
provided that users of the driving range and practice putting greens are dressed
in the same attire that is required to play a round of golf on the golf course. Such
attire shall be as follows:
Men must have collard shirt (Turtle Neck and Mock Turtle Neck
acceptable), shorts permissible but need to be Bermuda length; shorts
and or trousers may not be of denim materials (No Levis). Golf shoes
recommended but tennis shoes or any other type of sneaker may be worn
- no soccer cleats, baseball cleats or track cleats/shoes permitted. Trump
National Golf Club is a soft spike facility - hard spiked golf shoes are
prohibited.
Women's shirts and blouses must conform to the following; sleeveless
tops must have a collar, sleeved tops need not have a collar. Shorts,
Skirts and Skorts are permitted but need to be Bermuda length; Shorts,
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Skirts, Skorts and or Pants may not be of denim materials (No Levis).
Golf shoes recommended but tennis shoes or any other type of sneaker
may be worn - no soccer cleats, baseball cleats or track cleats/shoes
permitted. Trump National Golf Club is a soft spike facility - hard spiked
golf shoes are prohibited.
Further, the Applicant shall be permitted to manage the use of the driving range
and putting greens so that those users who have paid greens fees to play on the
golf course will have priority over those who have not paid greens fees. If space
is available, those that have not paid greens fees shall be limited to a maximum
of two hours of practice on the putting green per day.
H. MISCELLANEOUS DESIGN STANDARDS
1. Prior to the issuance of grading permits, all golf course signage, including trail
signage, shall be subject to a sign permit and subsequent review and approval
by the Director of Planning, Building and Code Enforcement, as part of the
landscape plan required in Condition K.1..
2. All trash enclosure walls shall be a maximum of 6 feet in height and designed to
accommodate recycling bins and shall have solid, self-closing gates and be
integrated into the building design.
3. All utilities exclusively serving the site shall be provided underground, including
cable television, telephone, electrical, gas, and water. All appropriate permits
shall be obtained for their installation. Cable television, if utilized, shall be
connected to the nearest trunk line at the developer's expense.
4. No roof mounted mechanical equipment, vents, or ducts, shall be permitted. All
other mechanical equipment shall be screened and/or covered as necessary to
reduce their visibility from public rights-of-way or adjacent properties. Any
necessary screening and covering shall be architecturally harmonious with the
materials and colors of the buildings. Use of satellite dish antennae shall be
subject to the conditions and requirements of Sections 17.41.140 through
17.41.210 of the Rancho Palos Verdes Development Code.
5. Mechanical equipment shall be housed in enclosures designed to attenuate
noise to a level of 45 dBA at the property lines. Mechanical equipment for food
service shall incorporate filtration systems to eliminate exhaust odors.
6. No gates or other devices shall be permitted which limit direct access to the site.
No freestanding fences, walls, or hedges shall be allowed, unless part of the
fencing plan reviewed and approved by the Director of Planning, Building and
Code Enforcement as required by Condition No. L.1.
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7. All retaining walls are subject to review and approval by the Director of Planning,
Building and Code Enforcement, prior to the issuance of grading permits. Unless
otherwise provided, retaining walls shall conform to the criteria established in
Section 17.50 of the Rancho Palos Verdes Development Code.
PARKING
1. Prior to the issuance of any grading permit for the golf course or driving range,
the developer shall submit a final parking plan reflecting the parking design for
the approved project, including calculations for the number of parking spaces
required for the golf course, driving range,_clubhouse and ancillary uses, and
any on-site dining facilities. The parking plan shall be subject to review and
approval by the Director of Planning, Building and Code Enforcement. Requests
for extensions may be granted by the Director of Planning, Building and Code
Enforcement for up to one hundred eighty (180) days.
2. As part of the final parking plan required in Condition 1.1., a minimum of one
hundred fifty (150) parking spaces and fourteen (14) valet parking spaces shall
be constructed in a lot on the west side of the clubhouse, as designated in the
parking plan, for golf course, driving range,—clubhouse and public use. A
minimum of forty five (45) parking spaces shall be constructed in a lot on the east
side of the clubhouse, as designated in the parking plan, for public use only
during daylight hours and clubhouse use after dusk. A minimum of one -hundred
eighteen (118) overflow parking spaces, seventeen (17) valet overflow parking
spaces, and a minimum of twenty five (25) employee parking spaces shall be
constructed in a lot adjacent to the golf course maintenance facility, as
designated in the parking plan, for golf course, driving range, clubhouse and
public use.
3. All parking areas shall be designed to mitigate or eliminate non -aesthetic noise
and views which may impact surrounding single family and multi -family
residences, subject to the review and approval of the Director of Planning,
Building and Code Enforcement, prior to the issuance of the grading permit.
J. LIGHTING
1. Exterior lighting for the clubhouse, maintenance facility and affordable housing
complex shall be limited to the Standards of Section 17.56 (formally 17.54.030)
of the Development Code.
2. Prior to issuance of building permits for any of the structures referenced in
Condition No. J.1, a lighting plan shall be submitted to the Director of Planning,
Building and Code Enforcement for review and approval and there shall be no
direct off-site illumination from any light source.
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3. Parking and security lighting shall be kept to minimum safety standards and shall
conform to all applicable City requirements. Fixtures shall be shielded to prevent
lighting from illuminating on or towards other properties; there shall be no spill-
over onto residential properties. A trial period of six (6) months from issuance of
certificate of occupancy for assessment of exterior lighting impacts shall be
instituted. At the end of the 6 month period, the City may require additional
screening or reduction in intensity of any light which has been determined to be
excessively bright.
4. No golf course or driving range lighting shall be allowed.
K. LANDSCAPING
1. Prior to issuance of grading permits, the developer shall submit a preliminary
landscape plan to the Director of Planning, Building and Code Enforcement for
review and approval of the clubhouse, golf course and appurtenant structures,
driving range,_parking lots, and all open space areas within the boundaries of the
parcel maps and/or tract maps, roadway medians and public trails which shall
include the following:
a. A minimum of eighty percent (80%) drought tolerant plant materials for all
landscaped areas.
b. Landscaping within the project area shall be planted in such a manner so
that views from adjacent properties and any public right-of-way are not
affected.
C. All trees selected shall be of a species which reasonably could be
maintained at 16 feet. Said trees shall be maintained not to exceed 16
feet in height.
d. The re -seeding and re-establishment of natural plant species for all of the
disturbed open space areas. Said plan shall include site specific and non-
invasive species, and shall be reviewed and commented on by the project
biologist and interested parties, and shall be subject to the approval of the
Director of Planning, Building and Code Enforcement.
e. Landscaping and irrigation plans for all rough graded surfaces which have
been scarified through grading operations.
f. The landscaped entries and buffer zones shall meet the standards for
Intersection Visibility (Section 17.48.070 (formally 17.42.060)), as
identified in the Development Code.
2. Prior to installation of the permanent landscaping for the golf course and
associated structures, including the driving range, the developer shall submit a
final landscape and irrigation plan to the Director of Planning, Building and Code
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Enforcement for review and approval of the clubhouse, golf course and
appurtenant structures, driving range,_parking lots, and all open space areas
within the boundaries of the parcel maps and/or tract maps, roadway medians
and public trails. The final landscape and irrigation plans shall conform to
California State Model Water Efficient Landscape Ordinance (per State Assembly
Bill 325) and shall include the following:
a. A minimum of eighty percent (80%) drought tolerant plant materials for all
landscaped areas.
b. Landscaping within the project area shall be planted in such a manner so
that views from adjacent properties and any public right-of-way are not
affected.
C. All trees selected shall be of a species which reasonably could be
maintained at 16 feet. Said trees shall be maintained not to exceed 16
feet in height.
d. The landscaped entries and buffer zones shall meet the standards for
Intersection Visibility (Section 17.48.070 (formally 17.42.060)), as
identified in the Development Code.
e. Irrigation systems shall utilize drip and bubbler systems wherever
possible. Controlled spray systems may be used where drip or bubbler
systems are not appropriate. All sprinkler heads shall be adjusted to avoid
over -spray.
f. All high water use areas shall be irrigated separately from drought tolerant
areas.
g. Irrigation systems shall be on automatic timers and shall be adjusted for
seasonal water needs.
h. Where practical, transitional landscaping on graded slopes shall screen
the project's night lighting as seen from surrounding areas.
3. Within 30 days after Final Map approval, or prior to issuance of building permits,
whichever occurs first, the developer shall submit to the City a Covenant to
Maintain Property to protect views for each golf course lot and driving range lot.
All fees associated with recording said covenant shall be paid by the developer.
4. With the exception of irrigation lines that have been reviewed and approved by
the City Geologist for installation and operation, prior to installation of any
additional irrigation lines on any portion of the Ocean Trails property, the City
Council shall have approved the Ocean Trails Water Control Plan to ensure that
the installation and operation of said irrigation lines will not contribute water to
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any known landslide area, cause any significant erosion or other potentially
hazardous conditions.
5. All proposed irrigation within the Ocean Trails project, which includes, but is not
limited to, all irrigation for the golf course, driving range,_parks, open space lots
and private residential lots, shall be subject to the standards of the Ocean Trails
Water Control Plan as reviewed and approved by the City Council, and other
than the golf course and driving range, shall be consistent with City of Rancho
Palos Verdes Municipal Code Section No. 15.34, "Water Conservation in
Landscaping". With the exception of private residential lots which have been
sold to an individual purchaser, the developer or any subsequent owner of the
golf course parcels (hereinafter "developer") shall be responsible for submitting
an audit report every 60 days for review and approval by the Director of Planning,
Building and Code Enforcement, which details the project's compliance with the
Ocean Trails Water Control Plan and consistency, where applicable, with
Municipal Code Section No. 15.34. If it is determined by the Director of Planning,
Building and Code Enforcement, that any irrigation is not in compliance with
either the Ocean Trails Water Control Plan or Municipal Code Section 15.34, or
is causing any impacts to the project site, the developer shall be required to halt
all irrigation in the subject area until any such problem has been remedied to the
satisfaction of the Director of Planning, Building and Code Enforcement.
L. FENCING PLANS
1. A complete project fencing plan (including public trails, habitat areas, warning
signage, and proposed fence and wall details) shall be approved by the Director
of Planning, Building and Code Enforcement and/or the Design Review
Committee ("DRC") or similar body if established, prior to issuance of grading
permits or recordation of the Final Map, whichever occurs first. It shall be the
responsibility of the developer to install this fencing prior to sale of any lot within
each workable phase. Said fencing plans shall incorporate the following:
a. A 42 inch high pipe rail fence or similar fencing of suitable design shall be
placed along the length of the bluff top on the seaward side of the bluff top
pedestrian trail, subject to the review and approval of the Director of
Planning, Building and Code Enforcement. It shall be the responsibility of
the developer to install this fencing and warning signage to coincide with
the construction of the bluff top pedestrian and bicycle trail.
b. A protective fence around the California gnatcatcher habitat areas and
around all wildlife corridors adjacent to residential development, or as
otherwise required by the Director of Planning, Building and Code
Enforcement shall be installed. Fencing of all enhancement areas shall
also be required, subject to the review and approval of the Director of
Planning, Building and Code Enforcement. Said fencing shall satisfy all
requirements of the project biologist, incorporate a method to prevent
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domesticated animals from entering the habitat areas, include appropriate
warning signage, and shall be black or dark green in color. Temporary
fencing shall be installed around the existing wildlife corridors and habitat
areas prior to the issuance of grading permits and the permanent fencing
shall be installed prior to the sale of any lot within adjacent workable
phases.
C. Protective fencing along all trails and open space areas where there is a
potential conflict between golf course uses and public access uses. In no
case shall permanent netting and netting support poles be installed for the
driving range. However, temporary netting and support poles may be
allowed for temporary professional tournaments provided a Special Use
Permit is obtained as required through Mitigation Measure No. H-3 of
Resolution No. 2005-62 for the Driving Range (Revision "W") Mitigated
Negative Declaration. In association with such temporary poles and
netting, permanent below grade support pole sleeves that would
accommodate temporary netting support poles are allowed to be installed
as part of the driving range construction. Such below grade sleeves shall
be safely covered when not in use as determined by the Director of
Planning, Building and Code Enforcement.
M. ARCHAEOLOGY AND PALEONTOLOGY
1. Prior to issuance of grading permits, the project archaeologist shall submit a
protocol to the City for monitoring and for the discovery of archaeological
resources. A qualified archaeologist shall make frequent inspections during the
rough grading operation to further evaluate cultural resources on the site. If
archaeological resources are found, all work in the affected area shall be stopped
and the resources shall be removed or preserved. All "finds" shall be reported to
the Director of Planning, Building and Code Enforcement immediately. All
archaeological finds shall be first offered to the City for preservation. At the
completion of grading, the project archaeologist shall submit a report detailing
finds, if any.
2. Prior to issuance of grading permits, the project paleontologist shall submit a
protocol to the City for monitoring and for the discovery of paleontological
resources. A qualified paleontologist shall be present during all rough grading
operations. If paleontological resources are found, all work in the affected area
shall be stopped and the resources shall be removed or preserved. All "finds"
shall be reported to the Director of Planning, Building and Code Enforcement
immediately. All paleontological finds shall be first offered to the City for
preservation. At the completion of grading, the project paleontologist shall
submit a report detailing finds, if any.
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N. BIOLOGY
1. Prior to issuance of grading permits, or prior final of any map, whichever occurs
first, the developer shall submit a Habitat Conservation Plan (HCP) for review
and comment by local wildlife and habitat preservation groups, and subject to
approval by the Planning Commission.
2. Prior to issuance of grading permits, the project biological monitor shall submit
protocol to the City for the monitoring of biological resources in conformance with
the Habitat Conservation Plan and Environmental Impact Report No. 36. A
qualified biologist shall be present during all rough grading operations to verify
and ensure compliance with mitigation measures contained in Environmental
Impact Report No. 36, Supplements thereto, and project certified Mitigated
Negative Declarations, for preservation of biological resources, and conformance
with the conditions and requirements of the Habitat Conservation Plan (HCP) as
described in Condition N.1 above.
O. WATER
1. Prior to issuance of grading permits, the developer must submit a labor and
materials bond in addition to either:
a. An agreement and faithful performance bond in the amount estimated by
the Director of Public Works and guaranteeing the installation of the water
system; or
b. An agreement and other evidence satisfactory to the Director of Public
Works indicating that the developer has entered into a contract with the
servicing water utility to construct the water system, as required, and has
deposited with such water utility a security guaranteeing payment for the
installation of the water system.
2. There shall be filed with the Director of Public Works a statement from the
purveyor indicating that the proposed water mains and any other required
facilities will be operated by the purveyor, and that, under normal operating
conditions, the system will meet the needs of the development.
3. There shall be filed with the Director of Public Works an unqualified "will serve"
statement from the purveyor indicating that water service can be provided to
meet the demands of the proposed development. Said statement shall be dated
no more than six months prior to issuance of building permits for the clubhouse.
Should the developer receive a qualified "will serve" statement from the purveyor,
the City shall retain the right to require the developer to use an alternative water
source, subject to the review and approval of the City, or the City shall determine
that the conditions of the project approval have not been satisfied.
Resolution No. 2016 -
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4. The golf course and related facilities shall be served by adequately sized water
system facilities which shall include fire hydrants of the size, type, and location as
determined by the Los Angeles County Fire Department. The water mains shall
be of sufficient size to accommodate the total domestic and fire flows required for
the development. Domestic flow requirements shall be determined by the
Director of Public Works. Fire flow requirements shall be determined by the Los
Angeles County Fire Department, and evidence of approval by the Los Angeles
County Fire Department is required prior to issuance of building permits for the
clubhouse, maintenance facility or affordable housing complex, whichever occurs
first.
5. Framing of structures shall not begin until after the Los Angeles County Fire
Department has determined that there is adequate firefighting water and access
available to the said structures pursuant to Condition No. 0.4.
P. DRAINAGE
Prior to issuance of grading permits, a bond, cash deposit, or combination
thereof, shall be posted to cover the costs of construction of drainage
improvements in an amount to be determined by the Director of Public Works.
2. Prior to issuance of grading permits, the developer shall submit a hydrology
study to the Director of Public Works to determine any adverse impacts to on-site
and/or off-site existing flood control facilities generated by this project. Should
the Director of Public Works determine that adverse impacts will result, the
developer will be required to post a bond, cash deposit, or combination thereof in
an amount to be determined by the Director of Public Works, which will cover the
cost of all on-site improvements and the project's fair share of the necessary off-
site improvements.
3. Drainage plans and necessary support documents to comply with the following
requirements must be submitted for approval by the Director of Public Works
prior to the issuance of grading permits:
a. Provide drainage facilities to remove any flood hazard to the satisfaction of
the Director of Public Works and dedicate and show easements on the
Final Map.
b. Eliminate sheet overflow and ponding or elevate the floors of any
structures with no openings in the foundation walls to at least twelve
inches above the finished pad grade.
C. Provide drainage facilities to protect the property from high velocity
scouring action.
d. Provide for contributory drainage from adjoining properties.
01203.0005/285206.1
A-31
e. All on-site surface drainage shall be directed away from the bluff top to
minimize erosion and to protect sensitive plant habitat on the bluff face.
4. All drainage swales and any other on -grade drainage facilities, including gunite,
shall be of an earth tone color, as approved by the Director of Planning, Building
and Code Enforcement prior to the issuance of grading permit.
5. Subject to review and approval of a permit by the Director of Public Works and
Director of Planning, Building and Code Enforcement, the Developer shall be
permitted to change the drainage system within the eastern portion of the Ocean
Trails project site, which includes portions of the Golf Course and Vesting
Tentative Tract Map No. 50667, from a tunneled storm drain system to drain
instead into La Rotonda canyon.
Within 60 days of this approval, the developer shall revise the "Operations and
Maintenance Manual for Groundwater and Ground Movement Monitoring
Facilities at the Ocean Trails Golf Course" to include methods whereby the
canyons on site shall be periodically monitored for erosion and slope failure. The
document shall include methods for immediately repairing failed slope areas to
prevent enlargement of failed areas. The revised Manual shall be submitted for
review and approval by the Director of Public Works and Director of Planning,
Building and Code Enforcement within the 60 day period.
The golf course operator shall have the canyons inspected annually during and
immediately following the rainy season, in accordance with the standards and
schedule which have been established by the Director of Public Works, and at
any other time deemed necessary by the Director of Public Works. The golf
course operator shall provide the results of the inspections to the Director of
Public Works within ten (10) working days following each inspection. The golf
course operator shall have any failed or eroded portions of the canyons
immediately repaired to the satisfaction of the Director of Public Works.
Prior to issuance of permits to construct such drainage system, the developer
shall submit proof to the Director of Planning, Building and Code Enforcement,
that the developer has obtained the necessary permits and/or approvals from the
following resource agencies: U.S. Army Corps of Engineers, California
Department of Fish and Game, U.S. Fish and Wildlife, and the California
Regional Water Quality Control Board. The developer shall be responsible for
implementing any conditions associated with the resource agencies permits
and/or approvals of this specific drainage request.
6. Subject to review and approval of a permit by the Director of Public Works and
Director of Planning, Building and Code Enforcement, the Developer shall be
permitted to change the drainage system within the western portion of the Ocean
Trails project site, which includes portions of the Golf Course and Vesting
Resolution No. 2016 -
Page 32 of 37
A-32
Tentative Tract Map No. 50666, from a tunneled storm drain system to drain
instead into Forrestal Canyon.
Within 60 days of this approval, the developer shall revise the "Operations and
Maintenance Manual for Groundwater and Ground Movement Monitoring
Facilities at the Ocean Trails Golf Course" to include methods whereby the
canyons on site shall be periodically monitored for erosion and slope failure. The
document shall include methods for immediately repairing failed slope areas to
prevent enlargement of failed areas. The revised Manual shall be submitted for
review and approval by the Director of Public Works and Director of Planning,
Building and Code Enforcement within the 60 day period.
The golf course operator shall have the canyons inspected annually during and
immediately following the rainy season, in accordance with the standards and
schedule which have been established by the Director of Public Works, and at
any other time deemed necessary by the Director of Public Works. The golf
course operator shall provide the results of the inspections to the Director of
Public Works within ten (10) working days following each inspection. The golf
course operator shall have any failed or eroded portions of the canyons
immediately repaired to the satisfaction of the Director of Public Works.
Prior to issuance of permits to construct such drainage system, the developer
shall submit proof to the Director of Planning, Building and Code Enforcement,
that the developer has obtained the necessary permits and/or approvals from the
following resource agencies: U.S. Army Corps of Engineers, California
Department of Fish and Game, U.S. Fish and Wildlife, and the California
Regional Water Quality Control Board. The developer shall be responsible for
implementing any conditions associated with the resource agencies permits
and/or approvals of this specific drainage request.
Q. PROJECT COMPLETION BONDS
1. Prior to recordation of any Final Map and/or issuance of grading permit,
whichever occurs first, the developer shall post a bond, cash deposit, or other
City -approved security to ensure the completion of all golf course, clubhouse and
related improvements, including: rough grading, landscaping, irrigation, public
trails, habitat restoration, drainage facilities, and other site features as per
approved plans.
R. PUBLIC OPEN SPACE DEED RESTRICTION
1. Prior to issuance of grading permits or recordation of any Final Map, whichever
occurs first, the landowner shall record a restrictive covenant in favor of the City
in a form and on terms acceptable to the City, requiring all land within the golf
course and driving range,_including any permanent structures, for golf course,
driving range and related recreational uses to be open to the public.
Resolution No. 2016 -
Page 33 of 37
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Furthermore, the deed restriction shall specify that conversion of any portion of
the approved facilities to a private or member -only use or the implementation of
any program to allow extended or exclusive use or occupancy of the facilities by
an individual or limited group or segment of the public is specifically precluded by
this permit and would require an amendment to this permit or a new permit in
order to be effective.
S. COMPLETION PER APPROVED PLANS
1. The developer shall designate appropriate workable phases (portions of the
development to include adjoining areas of grading, construction of the clubhouse
and associated improvements, streets of access, finish grading phases,
supporting off-site improvements and on-site drainage and utility improvements)
that shall be subject to approval by the Director of Planning, Building and Code
Enforcement and the Director of Public Works, prior to the issuance of grading
permit.
2. Any workable phase not under construction which has been scarified through
grading operations shall be irrigated and landscaped within ninety (90) days of
grading. Temporary irrigation lines may be approved by the Director of Planning,
Building and Code Enforcement.
3. Prior to the issuance of grading permits, the developer shall post a bond, cash
deposit, or other City -approved security to guarantee substantial vegetative cover
and maintenance of all finish graded lots which have not been sold for
development.
4. No building permits shall be issued prior to finish grading within the approved
workable phase of the site in which each lot is located and until the Director of
Planning, Building and Code Enforcement has determined that all drainage
facilities and common area and off-site improvements in the workable phase of
the site and necessary for development of the phase in the approved
construction plan in which the lots or structures are located are completed, to the
extent that the lots or structures are accessible and able to support development.
5. The developer shall participate in any Design Review Committee ("DRC') or
similar body processes in place at the City at the time development and
construction plans for the clubhouse, golf course, and related facilities are
submitted to the City.
Resolution No. 2016 -
Page 34 of 37
A-34
T. TRAILS PLAN AND PUBLIC AMENITIES IMPLEMENTATION
1. The developer shall be responsible for implementation and construction of all
amenities detailed in the Public Amenities Plan as required per Condition F.3
above, and Condition G.1 of Resolution No. 96-75. Construction of the public
amenities shall coincide with the project grading activity and shall be completed
upon certification of rough grading.
2. The existing remnant from the World War II facility located at the Halfway Point
Park shall be preserved as a part of the Public Amenities Plan. A plaque
commemorating the facility and describing its uses shall be placed at the
location.
3. Dedication of the public trail and open space lots shall occur at the time the Final
Map is recorded.
4. Construction of the public trails and improvements required in the Public
Amenities Plan shall be the obligation of the developer. Construction shall
coincide with the project grading activity and shall be completed upon
certification of rough grading. Dedication of the public trails shall occur at the
time any Final Map is recorded.
U. MITIGATION MEASURES
1. The development shall comply with all mitigation measures of Environmental
Impact Report No. 36, Supplements thereto, and project certified Mitigated
Negative Declarations. Where more restrictive language appears in these
conditions of approval, the more restrictive language shall control.
2. All costs associated with implementation of the Mitigation Monitoring Program
shall be the responsibility of the Developer, and/or any successors in interest.
V. FLAG POLE
1. The conditions found under Section V. of Conditional Use Permit No. 163 pertain
to the approval of Revision BB to the project, as approved by the City Council on
March 20, 2007, and amended on July 17, 2007 and February 16, 2016,
approves the erection of a 70' tall flagpole near the back tee of Golf Hole #1 for
the purpose of flying the flag of the United States of America. No other flag,
object or display shall be flown form such flagpole without the approval of the
City Council. The Applicant shall be responsible for abiding by all laws related to
the flag of the United States as found in United States Code, Title 4, Chapter 1.
2. Prior to 60 days after final action by the City Council on February 16, 2016,
the Applicant shall be responsible for installing 4 benches in Founders Park to
serve as public viewing areas. The location of the benches shall be as follows:
Resolution No. 2016 -
Page 35 of 37
A-35
two benches to be located at sites #1 and #2 as shown in the Applicant's
depiction presented to the Council at their March 20, 2007 meeting, one bench to
be installed at the southern end of Founder's Park at the western edge and one
bench to be installed at the southern end of Founder's Park at the eastern edge,
subject to review and approval by the Director of Planning, Building and Code
Enforcement. The Applicant shall be responsible for the ongoing maintenance of
the benches.
3. Prior to 60 days after final action by the California Coastal Commission City
Council on February 16, 2016, the Applicant shall dedicate 25 square feet (5' x
5') of property around the existing flag pole base to the City. Upon recordation,
the City will henceforth be the owner of said property and the amenities located
thereon. The Applicant shall be responsible for paying all necessary fees for the
preparation of Grant Deed documents, including the legal description of said
property and review by the City Engineer and City Attorney.
4. Prior to 60 days after final action by the Galifnrnia Coastal Gnmmiccinn Cjty
Council on February 16, 2016 and prior to recordation of the Grant Deed that
dedicates the 25 square foot property beneath the flag pole to the City, the
Applicant shall obtain a building permit and a final on said permit for the flag pole
and lighting equipment that will illuminate the flag. The Applicant shall be
responsible for paying all necessary after -the -fact penalty fees for such building
permit.
5. The Applicant shall be responsible for raising and lowering the flag on a daily
basis in compliance with all laws related to the United States Flag found in the
United States Code, Title 4, Chapter 1. Additionally, the Applicant shall be
responsible for maintaining, including the costs of such maintenance, the flag,
rigging, flag pole, flag lighting, and any landscaping within the 25 square foot
dedication area.
6. Prior to 60 days after final action by the CalifeMia Coastal CemmicciOR CitY
Council on February 16, 2016, the Applicant shall enter into a Reciprocal
Easement Agreement that would allow the Trump Organization to access the flag
pole site for maintenance activities while also providing an easement over golf
course property to allow the City to access the flag pole site.
7. Prior to 60 days after final action by the California Coastal GemmissieR City
Council on February 16, 2016, the Applicant shall obtain a building permit,
install flag lighting and obtain a final on the flag lighting building permit. The City
shall be the only responsible entity for determining when and for how long the
lights that illuminate the flag shall be used. At no time shall the Applicant or any
other party illuminate the flag without the approval of the City. If and when the
City determines that the flag should be illuminated, the City shall notify the
Applicant no later than 24 hours in advance of such illumination.
Resolution No. 2016 -
Page 36 of 37
A-36
8. Prior to 60 days after final action by the California Geastal Gernmissien City
Council on February 16, 2016, the Applicant shall enter into an Indemnification
Agreement that indemnifies the City against any action associated with the
Applicant's installation/construction of the amenities located on the 25 square
foot property, as well as the maintenance and all other activities related to the
flag and flag pole.
Resolution No. 2016 -
Page 37 of 37
A-37
RESOLUTION NO. 2007-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
APPROVING AN AMENDMENT TO REVISION "BB" TO CONDITIONAL USE PERMIT NO.
1631VARIANCE FOR AN AFTER THE FACT 70' TALL FLAG POLE AT THE TRUMP
NATIONAL GOLF CLUB LOCATED IN COASTAL SUBREGION 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,
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 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 Subregion Nos. 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project
raised a substantial issue, 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,
As
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.
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 November 5, 1993, the California Coastal Commission adopted revised and
expanded findings in conjunction with the project; 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 and Adopted
Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76 and 94-77, respectively, approving Revision "A" 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 (30) feet to
forty-eight (48) feet; and,
WHEREAS, on January 12, 1995, the California Coastal Commission approved Coastal
Development Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No. 103), thereby approving its first
amendment to the permit, subject to revised conditions of approval; and,
WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal
Development Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No. 103), thereby approving its second
amendment to the permit; and,
WHEREAS, on February 1, 1996, the California Coastal Commission approved Coastal
Development Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No. 103), thereby approving its third
amendment to the permit; and,
WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96-16, and 96-17, respectively, approving Revision "B" to the approved Ocean Trails
project, including, but not limited to, modifying the approved alignment of Paseo del Mar ("A" Street/"J"
Bluff Road), revising the Conditions of Approval regarding several public trails, and relocating the golf
course clubhouse approximately 80 feet to the west of its previously approved location; and,
WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development
Permit No. A -5 -RPV -93-005A (i.e. Coastal Permit No. 103), thereby approving its fourth amendment to
the permit, subject to revised conditions of approval; and,
WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96-73, 96-74, 96-75, 96-76 and 96-77, respectively, approving Revision "C" to the
approved Ocean Trails project, including, but not limited to, relocation of 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 the split-level lots in Vesting Tentative
Tract Map No. 50667 to single -level lots, revisions to the golf course layout, revisions the public trail
system, combination of parallel trails easements, construction of a paved fire access road west of the
Resolution No. 2007-85
Page 2 of 10
Folow
Ocean Terraces Condominiums and amendments to several Conditions of Approval and Mitigation
Measures to modify the required timing for compliance; and,
WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos
Verdes adopted P.C. Resolution No. 97-44 approving Revision "D" to the Ocean Trails project, which
involved an amendment to Conditional Use Permit No. 162 (Residential Planned Development) to modify
the minimum rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the
proposed residences and the potential brush fires that may occur on the adjacent habitat area; and,
WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-32 approving Revision "E" to the Ocean Trails project, which involved an amendment
to Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course
improvements; and,
WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-59, approving Revision "F" to the Ocean Trails project, which involved, modifying the
configuration of Streets "C" and "D" and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667
to accommodate the final location of the Foundation Setback Line, and a revision to Conditional Use
Permit No. 162 (Residential Planned Development) to address maximum building height; and,
WHEREAS, on July 14, 1998, the Planning Commission adopted P.C. Resolution Nos. 98-26 and
98-27, thereby recommending approval of Addendum No. 6 to EIR No. 36 and Revision "G" to
Conditional Use Permit No. 163 to the City Council; and,
WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the
proposed Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the
clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance
facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the
maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the
maintenance facility parking lot; and,
WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the
proposed Revision "H" to the Ocean Trails project, which included: changing 6 of the residential lots
within VTTM 50667 from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and
lowering Street 'B' within the subdivision, and lowering the pad elevation for 6 other lots within the
subdivision. Additionally, the approval included the modification of the project's mitigation measures and
conditions of approval to allow the permitted construction hours for the entire Ocean Trails project to be
expanded to include Sundays through March 21, 1999; and,
WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the
proposed Revision "I" to the Ocean Trails project, which included a change to the design of the storm
drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons.
Revision "I" only amended the drainage for the east side of the Ocean Trails project, involving La Rotonda
Canyon; and,
WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re -activated; and,
WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-55 approving Addendum No. 9 to Environmental Impact Report No. 36 and the
proposed Revision "J" to the Ocean Trails project, which included 1), the conditions requiring the
establishment of a maintenance district be revised by eliminating the maintenance district and having the
golf course owner be the sole responsible entity for maintenance thereby excluding the future residential
homeowners; 2) withdrawn by applicant; 3), the timing of the installation of ornamental fencing on each
Resolution No. 2007-85
Page 3 of 10
residential lot be delayed until prior to issuance of certificate of occupancy; 4), delay the construction of
two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public
Amenities Plan; 5), lower the approved residential building pad elevations and create split-level pads in
VTTM No. 50666; 6), delay the payment of traffic impact fees to prior to Final Map No. 50666; 7), allow an
increase in total building area of the clubhouse by permitting a basement space; 8), withdrawn by
applicant; and 9), revise the hours permitted for golf course landscape gardening; and,
WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000-27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the
proposed Revision "K" to the Ocean Trails project, which allowed a portion of the golf course to open for
play before all of the required public amenities have been completed due to delays caused by the failure
of Landslide C on June 2, 1999; and,
WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000-38 certifying a Final Supplemental Environmental Impact Report to Environmental
Impact Report No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding
Considerations, and the proposed Revision "L" to the Ocean Trails project, for the repair of Landslide C at
Ocean Trails; and,
WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved
Revision M to the Ocean Trails Project, thereby approving an amendment to the Habitat Conservation
Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation
Easement over the lower portion of Shoreline Park; and,
WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes
approved Revision N to the Ocean Trails Project, thereby approving a Mitigated Negative Declaration and
amending the project to accommodate a change to the design of the storm drain facilities of the Ocean
Trails project from a tunneled pipe system to the existing on-site canyons. Revision "N" only amended
the drainage for the west side of the Ocean Trails project, involving Forrestal Canyon; and,
WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved
Revision P to the Ocean Trails Project, thereby approving an amendment to allow Ocean Trails an
extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the
opening of the clubhouse" to "prior to the opening of the 18 -hole golf course"; and,
WHEREAS, on August 19, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "T" to the Ocean Trails Project, thereby approving an amendment to allow an expansion to the
Clubhouse Building; and,
WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse
Building; and,
WHEREAS, on April 20, 2004, the City Council of the City of Rancho Palos Verdes approved
Revision "V" to the Ocean Trails Project, thereby allowing 1) basement areas of one-story structures to be
excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement
habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space
Square Footage" requirement; 2) permitting a change in the height of Lot #2 to allow for a subterranean
garage; and 3) permitted construction of retaining walls and access to the proposed subterranean garage;
and,
WHEREAS, on June 7, 2005, the City Council of the City of Rancho Palos Verdes approved
Revision "W" to the Trump National Golf Club project thereby revising CUP No. 162, CUP No. 163,
VTTM50666, and Grading Permit No. 1541 to accommodate a new driving range in place of 16
residential lots within VTTM50666; and,
Resolution No. 2007-85
Page 4 of 10
AWMA
WHEREAS, on May 2, 2006, the City Council approved Revision "Z" to the Trump National Golf
Club project to revise Conditional Use Permit No. 163 to allow a change in the golf course design to
permit an increase in height for Waterfall #1 and new back tees on Hole #2, and to revise Grading Permit
No. 1541, to allow an additional temporary 3 -month opening of the golf course and driving range to the
public; and,
WHEREAS, on June 22, 2006, the owner, V.H. Property Corp., submitted an application
requesting approval of an amendment to Conditional Use Permit No. 163 and a Variance to
accommodate a new 70' flagpole located at the back tee of Hole #1; and,
WHEREAS, on July 5, 2006, said application was deemed complete for processing; and,
WHEREAS, on July 25, 2006, after notice issued pursuant to the provisions of the Development
Code, the Planning Commission held a public hearing to consider the request (Case No. ZON2006-
00328), at which time all interested parties were given an opportunity to be heard and present evidence.
At said hearing the Planning Commission adopted P.C. Resolution No. 2006-37 denying the Applicant's
request; and,
Whereas, on August 9, 2006, the Applicant filed a timely appeal of the Planning Commission's
decision; and,
WHEREAS, on September 19, 2006, the City Council conducted the appeal hearing at which
time the Council 1) decided to move forward with an alternative that would maintain the existing flag
pole; and, 2) directed staff to explore options with Trump National to retain the flag pole; and, 3)
instructed the negotiators to consider providing: a) access steps from the public parking lot to the flag
pole; and b) a dedication of land around the flag pole in fee to the City with an access easement to
Trump National; and c) construction plans and engineering specifications required to obtain an as -built
building permit for the flag pole; and d) maintenance by Trump National and its successors in perpetuity
to raise and lower the flag, maintain the flag, rigging and flag pole and tend the landscaping within the
dedication area; and e) appropriate lighting to allow the flag to be flown at night with all associated costs
to be at Trump National's or its successor's sole expense. The Council then continued the public
hearing for the appeal to a date uncertain so as to allow the Applicant to respond to the Council's action;
and,
WHEREAS, on February 6, 2007, the Council held a public hearing and considered the
Applicant's proposed 4 alternative locations for a public viewing area and then provided the following
direction for Staff and the Applicant to work out: a) Applicant shall place two benches and two tables to be
used as a public viewing area in Founders Park between an existing bicycle trail and the 18th tee; and b)
Applicant shall dedicate land around the flag pole in fee to the City with an access easement to Trump
National; and c) Applicant shall submit construction plans and engineering specifications required to
obtain an as -built building permit for the flag pole; and d) a maintenance agreement shall be agreed upon
so that Trump National and its successors in perpetuity will raise and lower the flag, maintain the flag,
rigging and flag pole and tend the landscaping within the dedication area; and e) Applicant shall install
appropriate lighting to allow the flag to be flown at night with all associated installation and maintenance
costs to be borne by Trump National or its successor's in perpetuity, with acknowledgement that only the
City has the authority to turn the lights on; and f) Applicant shall indemnify City in regards to the
construction/installation of the flag pole and use of the easement area. The Council then continued the
item to the March 20, 2007 City Council meeting so that Staff and the Applicant could have additional
time to prepare the appropriate documentation and Resolutions for approval of the CUP amendment and
Variance; and,
Resolution No. 2007-85
Page 5 of 10
LTJ
WHEREAS, on March 20, 2007, the City Council approved Revision "BB" to Conditional Use
Permit No. 163 and a Variance, thereby overturning the Planning Commission's decision to deny the
request; and,
WHEREAS, the Applicant has submitted a request to amend Revision "BB", so as to change the
action deadline of certain conditions of approval from May 20, 2007 to a date after the Applicant has
obtained approval of a Coastal Permit Amendment for the flag pole from the California Coastal
Commission; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of
Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65952.5(e) (Hazardous Waste and Substances Statement), on March 14, 2007, copies of the
draft Addendum No. 26 to Environmental Impact Report No. 36 were distributed to the City Council and
prior to taking action on the proposed Revision "BB" to the Trump National Golf Club project, the City
Council independently reviewed and considered the information and findings contained in Addendum No.
26 to EIR No. 36 and this approval is merely a minor amendment to such Addendum and thereby an
additional Addendum is not necessary; and,
WHEREAS, on June 19, 2007 and July 17, 2007, the City Council held a public hearing to
consider the amendment to Revision BB to change the conditions of approval adopted by the City Council
on March 20, 2007 that reference a May 20, 2007 action deadline, at which time all interested parties
were given an opportunity to be heard and present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the Applicant's request for an Amendment to Revision BB is to change the
conditions of approval within Resolution No. 2007-31, in order to change the existing action deadlines that
reference May 20, 2007 to a date after a Coastal Permit Amendment is approved by the California
Coastal Commission
Section 2: Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of
Addendum No. 26 to the previously certified EIR for Revision "BB" approved by the City Council on March
20, 2007, rather than the preparation of a subsequent or supplemental EIR, is appropriate for the
consideration of the proposed revisions to the Trump National Golf Club project and is sufficient for this
minor change in the action deadlines within the conditions of approval adopted by the City Council, based
on the following findings:
a. 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. This is so, since the proposed changes identified in Section 1
and attached Exhibit "A" would not result in any new or increased impacts to the environment that are not
already analyzed within EIR No. 36. Specifically, the approved request will only change the action
deadlines for a new 70' tall flag pole that will not significantly impair a view from public or private property.
The change in deadlines is necessary to comply with the requirements of State Law, in that no permits
can be issued until a Coastal Permit Amendment has been approved by the Coastal Commission. There
have been no substantial changes to the Project or to the environment that would cause the Project to
significantly impact the environment, nor does the proposed amendment affect a change that would
impact the environment in any manner that was not previously considered and mitigated to the extent
feasible.
b. 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, as
noted in #1 above, there are no new significant environmental impacts that were not considered in the
previous EIR, Supplement and previous Addenda thereto.
Resolution No. 2007-85
Page 6 of 10
C. That there is no new information of substantial importance to the project which indicates that
these approved changes 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, because this approved project will result in only minor
changes to the action deadlines for obtaining permits for a new 70' high flag pole which will not result in a
significant view impairment to public or private views.
Section 3: Pursuant to Section 17.60.050 of the Development Code, in approving the
amendment to Revision "BB" to CUP No. 163 the City Council finds that the change in action deadlines is
relatively minor and does not affect the approval nor change any of the findings adopted for the flag pole
through Revision BB, which in adopting Revision BB to CUP NO. 163, the findings are as follows:
a. That the site is adequate in size and shape to accommodate the proposed use and for all of the
yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions
imposed under this section to integrate said use with those on adjacent land and within the neighborhood
because the entire subject site is approximately 243 acres which is of sufficient size to accommodate a
70' high flag pole. Additionally, the site of the proposed flag pole is located towards the middle of the
subject property - a significant distance setback from other neighboring residential structures so as to
ensure that the proposed flag pole does not cause any significant visual impacts to such residential
properties and to any view corridors; and,
b. That the site for the proposed use relates to streets and highways sufficient to carry the type and
quantity of traffic generated by the subject use because the proposed flagpole will not cause any increase
in use of the subject golf course site and therefore will not generate any increase in the use of streets,
highways or necessitate additional parking spaces at the site; and,
C. That in approving the subject use at the specific location, there will be no significant adverse
effect on adjacent property or the permitted use thereof because considering the expansive views over
the project site the proposed flagpole does not create "significant" view impairment to neighboring
properties or view corridors. Further, the relative size of the flagpole compared to the overall size of the
subject property along with the significant setback between the flagpole and adjacent properties ensures
that there will be no significant visual impacts related to the magnitude of what a 70' tall flagpole may
cause if located closer to adjacent properties.
d. That the proposed use is not contrary to the general plan because the property, while having a
residential land use designation, includes the ancillary uses of a golf course and clubhouse, of which
these types of ancillary uses typically include amenities such as a flag pole.
e. That the proposed use is located within the "Natural", "Socio/cultural", and "Urban Appearance"
overlay control districts established by Municipal Code Chapter 17.40, and the proposed use complies
with all applicable requirements of that chapter.
f. That the following conditions of approval, which were adopted through Resolution No. 2007-31 for
Revision "BB" have been changed as follows (strikethrough for text removed and underline bold for text
added), which the City Council finds to be necessary to protect the health, safety and general welfare:
V. FLAG POLE
1. The conditions found under Section V. of Conditional Use Permit No. 163 pertain to the
approval of Revision 88 to the project, as approved by the City Council on March 20, 2007.
Revision BB approves the erection of a 70' tall flagpole near the back tee of Golf Hole #1 for the
purpose of flying the flag of the United States of America. No other flag, object or display shall be
Resolution No. 2007-85
Page 7 of 10
AM
flown form such flagpole without the approval of the City Council. The Applicant shall be
responsible for abiding by all laws related to the flag of the United States as found in United
States Code, Title 4, Chapter 1.
2. Prior to September 20, 2007, the Applicant shall be responsible for installing 4 benches in
Founders Park to serve as public viewing areas. The location of the benches shall be as follows:
two benches to be located at sites #1 and #2 as shown in the Applicant's depiction presented to
the Council at their March 20, 2007 meeting, one bench to be installed at the southern end of
Founder's Park at the western edge and one bench to be installed at the southern end of
Founder's Park at the eastern edge, subject to review and approval by the Director of Planning,
Building and Code Enforcement. The Applicant shall be responsible for the ongoing maintenance
of the benches.
3. Prior to May 20, 280T 60 days after final action by the California Coastal
Commission, the Applicant shall dedicate 25 square feet (5' x 5) of property around the existing
flag pole base to the City. Upon recordation, the City will henceforth be the owner of said
property and the amenities located thereon. The Applicant shall be responsible for paying all
necessary fees for the preparation of Grant Deed documents, including the legal description of
said property and review by the City Engineer and City Attorney.
4. Prior to May 20, 2847 60 days after final action by the California Coastal
Commission and prior to recordation of the Grant Deed that dedicates the 25 square foot
property beneath the flag pole to the City, the Applicant shall obtain a building permit and a final
on said permit for the flag pole and lighting equipment that will illuminate the flag. The Applicant
shall be responsible for paying all necessary after -the -fact penalty fees for such building permit.
5. The Applicant shall be responsible for raising and lowering the flag on a daily basis in
compliance with all laws related to the United States Flag found in the United States Code, Title
4, Chapter 1. Additionally, the Applicant shall be responsible for maintaining, including the costs
of such maintenance, the flag, rigging, flag pole, flag lighting, and any landscaping within the 25
square foot dedication area.
6. Prior to May 28, 200 60 days after final action by the California Coastal
Commission, the Applicant shall enter into a Reciprocal Easement Agreement that would allow
the Trump Organization to access the flag pole site for maintenance activities while also providing
an easement over golf course property to allow the City to access the flag pole site.
7. Prior to May 20, 2847 60 days after final action by the California Coastal
Commission, the Applicant shall obtain a building permit, install flag lighting and obtain a final on
the flag lighting building permit. The City shall be the only responsible entity for determining
when and for how long the lights that illuminate the flag shall be used. At no time shall the
Applicant or any other party illuminate the flag without the approval of the City. If and when the
City determines that the flag should be illuminated, the City shall notify the Applicant no later than
24 hours in advance of such illumination.
8. Prior to May 20, 2847 60 days after final action by the California Coastal
Commission, the Applicant shall enter into an Indemnification Agreement that indemnifies the
City against any action associated with the Applicant's installation/construction of the amenities
located on the 25 square foot property, as well as the maintenance and all other activities related
to the flag and flag pole.
9. Prior to Auqust 17, 2007, the Applicant shall submit a complete application to the
California Coastal Commission requesting a Coastal Permit Amendment for the proposed
flag pole and related amenities.
Resolution No. 2007-85
Page 8 of 10
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LRIE-01
Section 4: Pursuant to Section 17.64.050 of the Development Code, in approving the
amendment to the Variance for the flag pole the City Council finds that the change in action deadlines is
relatively minor and does not affect the approval nor change any of the findings adopted for the Variance
for the flag pole, which the Council found as follows:
a. That there are exceptional or extraordinary circumstances or conditions applicable to the property
involved, or to the intended use of the property, which do not apply generally to other property in the
same zoning district. Specifically, the subject property is zoned Residential Single -Family 1 dwelling unit
per acre/Residential Planned Development (RS-1/RPD). This zoning designation permits the
development of single-family homes and golf courses with amenities typical to golf courses. The Trump
National Golf Course project was able to construct a golf course on the property given the size and public
amenities associated with the course. This is not typical of all other properties in the RS -1 zoning district,
which given the size of the lot would permit only a single family residential home. Because of the
uniqueness of the uses (golf course and clubhouse) associated with this development, there are
exceptional or extraordinary circumstances associated with this property that do not generally apply to
other property in the same zoning district.
b. 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 under like conditions in the same
zoning district because as discussed in finding #1 above, the Trump National Golf Course property is
unique given its golf course/clubhouse use within the RS -1 zoning district. There are no other RS -1
district properties in the City that contain a golf course. As this property is unique in its use, so as to be
consistent with other large non-residential uses, a Variance for a flagpole higher than 16' is considered
necessary for the preservation and enjoyment of a substantial property right possessed by other property
owners of non -residentially zoned property. Furthermore, due to the large size of the subject property
and the existing Clubhouse, the additional height is justified to fly a flag that is compatible with the size
and scale of the property and the Clubhouse located on the property.
C. That granting 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 because appropriate building and
safety permits will be obtained for the flagpole and flag lighting, which ensures that the Applicant would
have to demonstrate to the City's Building Official that the existing pole is structurally sound and lighting
was installed properly.
d. That granting the variance will not be contrary to the objectives of the general plan or the policies
and requirements of the coastal specific plan because the property, while having a residential land use
designation, includes the ancillary uses of a golf course and clubhouse, of which these types of ancillary
uses typically include amenities such as a flag pole. Further, the flag pole will not be inconsistent with
Coastal Specific Plan because the proposed project will comply with the Subregion 7 policies, as the
project will 1) continue to maintain and protect natural habitat resources, 2) continue to enhance visual
resources by ensuring that the proposed flag pole does not significantly impair a view, and 3) not cause
any impacts to existing public access to the coast.
Section 5: That the proposed flag pole adopted through Revision "BB", as well as this minor
amendment to Revision "BB", are consistent with the City's Development Code through the approval of
this Conditional Use Permit amendment and Variance as found in Sections 3 and 4 above, and because
the ancillary use of a flag pole is permitted under the RS -1 zoning district of the subject site.
Section 6: The time within which the judicial review of the decision reflected in this Resolution, if
available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or any
other applicable short period of limitations.
Section 7: 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 approves an amendment to
Revision "BB" to Conditional Use Permit No. 163 and a Variance, with associated conditions of approval
Resolution No. 2007-85
Page 9 of 10
F •
that are attached in Exhibit "A", which are necessary to protect the public health, safety and general
welfare. All other conditions of approval that have been imposed on this project shall remain in effect and
are incorporated herein.
PASSED, APPROVED, and ADOPTED this 17th day of July 2007.
/s/ Thomas D. Long
Mayor
Attest:
/s/ Carla Morreale
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution
No. 2007-85 was duly and regularly passed and adopted by the said City Council at a regular meeting
held on July 17, 2007.
City Clerk
Resolution No. 2007-85
Page 10 of 10
From: Steve Katz [mailto:stevekatz74@Vahoo.com]
Sent: Tuesday, February 02, 2016 4:38 PM
To: CC <CC@rpvca.gov>
Subject: FLAGPOLE
I urge you to support the 70' flagpole. I can see it
from my home, and rather than block anyone's
view, it will enhance it. Thank you for your con-
sideration and I welcome your support. God Bless
America & safeguard her from her enemies.
Col. Stephen E. Katz
USAF - retired
3553 Seaglen Drive
C-1