RPVCCA_CC_SR_2014_07_04_02_Trump_National_Golf_Club_FlagpoleCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CAROLYNN PETRU, AICP, ACTING CITY MANAGER@)
JULY 4, 2014
SUPPORT LETTER FOR TRUMP NATIONAL GOLF
CLUB FLAGPOLE
Project Manager: Kit Fox, AICP, Senior Administrative Analyst@
RECOMMENDATION
Authorize the Mayor Pro Tern to sign a letter to the California Coastal Commission,
expressing the City Council's support for the Trump National Golf Club flagpole at its
current height and location.
BACKGROUND & DISCUSSION
On March 20, 2007, the then-City Council granted after-the-fact approval of the 70-foot-
tall flagpole at Trump National Golf Club (Trump). The City Council's decision was
appealed timely by the Coastal Commission, and the appeal has remained unresolved
since then. Prior to and since 2007, Trump has also pursued a number of additional
amendments to its City and Coastal Commission entitlements, including the landslide
repair, driving range, New Zealand Christmas tree hedge and other improvements. On
July 9, 2014, the Coastal Commission is meeting in Ventura and is scheduled to take
action on the twenty-first amendment to the Trump entitlements (Case No. A-5-RPV-93-
005-A21 ), which includes consideration of the appeal of the flagpole and other
unresolved Coastal Commission issues. As described in the attached "Summary of
Staff Recommendation," Coastal Commission Staff is recommending conditional
approval of the flagpole, provided that it is reduced to twenty-six feet (26') in height and
relocated to within thirty feet (30') of the golf course clubhouse. The complete Coastal
Commission Staff report is available for review on-line at:
http://documents.coastal.ca.gov/reports/2014/7M/12a-7-2014. pdf.
Since the current City Council has never been asked to take a formal position regarding
the Trump flagpole, Staff has prepared a draft letter of support for the flagpole to remain
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MEMORANDUM: Support Letter for Trump Flagpole
July 4, 2014
Page 2
at the height and location previously approved by the City Council in 2007. If approved,
this letter of support will be transmitted to the Coastal Commission before next
Wednesday's hearing. The City's Community Development Director will also be
traveling to Ventura to attend the hearing in this matter and testify before the Coastal
Commission.
ALTERNATIVES
In addition to Staff's recommendation, the following alternative actions are available for
the City Council's consideration:
1. Revise the draft letter of support, as deemed appropriate by the City Council; or,
2. Do· not send a letter of support.
Attachments:
• Draft letter of support
• Coastal Commission Staff report ("Summary of Staff Recommendation" only)
• City Council Minutes of March 20, 2007 (excerpt)
M:\Legislative lssues\Coastal Commission\Trump Amendment 21\20140704_StaffRpt_CC.docx
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July 4, 2014
Steve Kinsey, Chair
California Coastal Commission
45 Fremont St., Ste. 2000
San Francisco, CA 94105-2219
DRAFT
SUBJECT: Letter of Support for Existing Trump Flagpole
Item No. W12a, Meeting of July 9-11, 2014
Case No. A-5-RPV-93-005-A21
Dear Chair Kinsey:
On behalf of the City Council of the City of Rancho Palos Verdes, I write to you and your
colleagues on the Coastal Commission to express the City's support for allowing the
existing 70-foot-tall flagpole at the Trump National Golf Club (Trump) to remain at its
current height and location. Effectively, this means rejecting your staff's recommendation
to impose Special Condition No. 46 to reduce the height of the flagpole to twenty-six feet
(26') and to relocate it to within thirty feet (30') of the Trump clubhouse.
In approving the Trump flagpole in 2007, the Rancho Palos Verdes City Council carefully
reviewed this matter and was able to make the necessary findings to approve a
Conditional Use Permit for the flagpole, including findings that there would be no
significant visual impacts upon adjacent properties due to the expansive public views of
the Pacific Ocean and Santa Catalina Island that remain unaffected by the flagpole and
the American flag. Conditions imposed by the City Council upon the approval of the
flagpole included requirements that no flag other than the American flag may be flown on
the pole and for the installation of additional public viewing benches and the dedication
of the 25-square-foot plot at the base of the flagpole to the City. Furthermore, the City
Council was able to make all of the necessary findings for the approval of a Variance for
the height of the flagpole, including findings related to the existence of exceptional and
extraordinary circumstances applicable to the property due to its size and location; no
material detriment to public health, safety and welfare; and consistency with the City's
General Plan and Coastal Specific Plan.
The City of Rancho Palos Verdes is extremely proud of the Trump National Golf Club and
the contributions that it has made to the exceptional quality of life for our residents and
the positive image of the City and its coastline that are experienced by thousands of
visitors each year. My City Council colleagues and I believe that the display of the
American flag on the Trump flagpole makes an integral contribution to residents' and
visitors' positive experience of the City of Rancho Palos Verdes, and that it should be
allowed to remain at its current height and location, subject to the conditions of approval
that were imposed by the City.
Sincerely yours,
RAFT
Jim Knight
Mayor Pro T em
M:\Legislative lssues\Coastal Commission\Trump Amendment 21\20140704_Draft Letter of Support.docx
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STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY EDMUND G. BROWN, Jr., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
W12a
Filed:
1801h Day
270th Day:
Staff:
Staff Report:
Hearing Date:
11/27/2013
5/26/2014
8/24/2014
Z. Rehm-LB
6/26/2014
7/9/2014
STAFF REPORT: PERMIT AMENDMENT
Application Number:
Applicant:
Agents:
Project Location:
Amendment Description:
Previously Approved
Development:
A-5-RPV-93-005-A21
VH Property Corp.
Jill Martin and Karen ZoBell, The Trump Organization
One Ocean Trails Drive, City of Rancho Palos Verdes, Los
Angeles County
Amend Vesting Tentative Tract Map No. 50666 to reduce
the number ofresidential lots from 39 to 23 and add two
golf course lots to accommodate a driving range and
putting green; Lot Nos. 1-13 to remain unchanged,
reconfigure residential Lot Nos. 14-39 into residential Lot
Nos. 14-23 and golf course Lot Nos. 24-25; grading of the
proposed reconfigured lots; reconfigure underground drain
line connections to support proposed reconfigured lots;
reconfigure trails around the perimeter of the proposed
driving range; install fences/landscaping around the
perimeter of the proposed driving range; and erect 70-foot
high flagpole atop 12 to 20-foot high mound. The
application includes a request for after-the-fact approval of
the grading, a portion of the landscaping, and the flagpole.
Re-subdivision of 261.4-acre site into two tracts (Vesting
Tentative Tract Map Nos. 50667 and 50666); and creation
of 75 graded lots for single-family residences, construction
of four lower cost apartment units; installation of utilities
and site improvements; 18-hole golf course with clubhouse
and public open space, parks, and trails. Includes: A)
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A-5-RPV-93-005-A21 (VH Property Corp.)
Local Approval:
Staff Recommendation:
Coastal Access and Public Amenities Plan dated February
5, 1993 providing additional beach access trails; and B)
Habitat Enhancement Plan dated February 18, 1993
providing (1) restriction of 20 acres in Shoreline Park
adjacent to the project to the west to habitat preserve and
restoration often of those acres; (2) purchase of easement
over a 100 acre City-owned parcel adjacent to the project to
the north and located outside the coastal zone and
restoration of 20 of those acres to coastal sage scrub; and
(3) maintenance of public access trails in the habitat areas.
Subsequently amended 20 times, as indicated in Appendix
B. The Commission denied one amendment (A14).
City Council of the City of Rancho Palos Verdes
Resolution No. 92-53, Conditional Use Permit Nos. 162
and 163, and subsequent Revisions to the Ocean Trails
Project
Approval with Conditions
SUMMARY OF STAFF RECOMMENDATION
This permit amendment seeks approval of Amended Map No. 2 of Vesting Tentative Tract Map
No. 50666 which reduces the number of residential lots from 39 to 23 and establishes golf course
Lot Nos. 24 and 25 to provide a driving range and a putting green at the existing Trump National
Golf Club Los Angeles in the City of Rancho Palos Verdes (Exhibits 1-3). The applicant
proposes grading (Exhibit 4) and underground drain line alterations (Exhibits 6-7) to
accommodate the reconfigured housing tract layout, as well as the removal of two previously
approved cul du sacs (Exhibit 3). The applicant also proposes to eliminate paved streets,
sidewalks, bicycle paths, and connections to other trails associated with the cul du sacs, which
were previously appro'ved and conditioned, but never constructed.
Additionally, the applicant proposes to moderately alter the design and location of the West
Portal Trail, West Portal Bikeway, and Canyon Rim Trail around the perimeter of the proposed
driving range and construct fencing and landscaping around the perimeter (Exhibit 4).
Unpermitted development has occurred on the property. The applicant has already completed the
majority of the grading proposed in this permit amendment and has already erected the 70-foot
high flagpole atop a 12 to 20-foot high mound adjacent to the first tee of the golf course
(Exhibits 4-5). Additionally, the applicant has already planted some of the proposed landscaping
and constructed a small retaining wall at the western border of the driving range. When the
Commission evaluates permits for development that has already taken place, it must evaluate the
development as if it had not taken place. The fact that the development is in place does not
prejudice the Commission's evaluation. The Commission can approve the application if it finds
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A-5-RPV-93-005-A21 (VH Property Corp.)
that the development is consistent with the applicable standards of the Local Coastal Program
(LCP) and the Coastal Act. If the Commission finds that development is not consistent with the
applicable standards of the LCP and the Coastal Act, the Commission can impose special
conditions to bring the development into consistency with the LCP and the Coastal Act or the
Commission can deny the development. If the Commission denies the unpermitted development
or finds that there are other issues arising from its installation without a coastal development
permit, the Commission can refer the matter to enforcement staff for appropriate action.
Staff recommends approval of Coastal Development Permit Amendment Application A-5-RPV-
93-005-A2 l with conditions to protect and enhance public access and recreation and visual
resources. Revised Special Conditions 3 and 23 would reposition three trails to provide public
access to and around the perimeter of the proposed driving range. Special Condition 46 would
preserve and enhance visual resources by requiring that the proposed flagpole be limited to 26
feet in height as measured from existing grade and would require it to be sited no more than 30
feet from the outer wall of the existing clubhouse structure. Only as conditioned are the proposed
development and permit amendment consistent with the City of Rancho Palos Verdes certified
Local Coastal Program and the public access and public recreation policies of the Coastal Act.
The motion necessary to carry out the staff recommendation is on page seven of this report.
Procedural Note No. 1:
The original coastal development was approved during a de novo hearing on the project,
originally identified as "Ocean Trails," after the City of Ranchos Verdes conditional approval of
a local coastal development permit was appealed. All subsequent amendment requests have been
heard by the Commission. The City of Rancho Palos Verdes LCP was adopted and certified by
the Commission in 1983. The standard of review of a locally issued coastal development permit
on appeal is the certified LCP, and, when the proposed development is located between the sea
and the first public road paralleling the sea, the public access and public recreation policies of the
Coastal Act. The subject site is located between the first public road and the sea.
Procedural Note No. 2:
The after-the-fact application for the proposed 70-foot high flagpole atop a 12 to 20-foot high
mound was originally proposed as Amendment No. 22 in August 2007. Because both the subject
Amendment No. 21 and Amendment No. 22 were incomplete for more than five years, staff
agreed to process the amendment requests jointly in order to streamline the permitting process
and allow the applicant to comply with a City condition of approval requiring that an application
for the retention of the flagpole be filed with the Commission.
Procedural Note No. 3:
The Commission's regulations provide for referral of permit amendment requests to the
Commission if:
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A-5-RPV-93-005-A21 (VH Property Corp.)
1) The Executive Director determines that the proposed amendment is a material change,
2) Objection is made to the Executive Director's determination of immateriality,
3) Or, the proposed amendment affects conditions required in order to protect a coastal resource
or coastal access.
In this proposed amendment to a conditionally approved permit, the proposed revision is a
material change that affects conditions required for the purposes of protecting coastal resources
and coastal access and recreation. Therefore, the Executive Director has determined that the
change must be reported to the Commission and noticed to the public.
The Coastal Act and its regulations limit the applicant's ability to request changes after a permit
has been approved. Section 13166 of the California Code of Regulations requires that an
application for amendment shall be rejected if, in the opinion of the Executive Director, the
proposed amendment would lessen the intended effect of a partially approved or conditioned
permit, unless the applicant presents newly discovered material information, which he or she
could not with reasonable diligence have discovered and produced before the permit was
granted. This regulation applies equally to the original applicant and to any successor in interest.
Most of the proposed changes would not lessen the effect of the original permit, including:
reconfigure residential Lot Nos. 14-39 into residential Lot Nos. 14-23 and golf course Lot Nos.
24-25; grading of the proposed reconfigured lots; reconfigure underground drain line
connections to support proposed reconfigured lots; reconfigure trails around the perimeter of the
proposed driving range; and install fences/landscaping around the perimeter of the proposed
driving range.
The graded driving range and putting green surrounded by fencing and landscaping will have
fewer negative effects on coastal resources and public access and public recreation than the two
cul du sacs, 16 single family residences, and their associated uses which were previously
approved in the same location would have had. Visual resources, water quality, and biological
productivity will all be improved under the change of use. Less alteration of the natural landform
for roads, drainage lines, and utilities will be required under the proposed tentative tract map
than in the previously approved version.
The Commission cannot consider the proposed 70-foot high flagpole atop a 12 to 20-foot high
mound as proposed by the applicant, as the need for this change to the approved permit is not a
result of new information or unexpected occurrences and approval as proposed would lessen the
effect of the original permit. The record for the original permit and subsequent amendments
contains significant analysis of the scenic and visual impacts of the golf course and associated
residential development. The project was conditioned to lessen the visual impacts to the
maximum degree feasible. The approved 26-foot height of the clubhouse was based on a visual
analysis and the standards of the City of Rancho Palos Verdes municipal code, a component of
the certified LCP. Approving a 70-foot high flagpole which restricts sweeping, panoramic views
of the ocean and coastline from public roadways and public trails would lessen the effect of the
original permit.
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A-5-RPV-93-005-A21 (VH Property Corp.)
Therefore, the Executive Director must reject the current proposal unless the change, when
contemplated along with newly imposed special conditions, is consistent with the intent of the
Commission's prior action. In order to enable the Commission to consider the proposed change,
staff recommends a condition which the Executive Director has determined would allow for a
flagpole which would not lessen the effect of the original permit. That recommended condition
of approval of this amendment would limit the height of the proposed flagpole to 26 feet as
measured from existing grade and would require it to be sited no more than 30 feet from the
outer wall of the existing clubhouse structure.
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REQUESTED TRACT MAP AMENDMENT AND GRADING PERMIT (CASE
NOS. SUB2006-00003 & ZON2005-00597).
A roll call vote reflected unanimous approval.
Appeal of Revision "BB" to Trump National Golf Course - a Request for an
Amendment to Conditional Use Permit No. 163 and a Variance to Permit an
"After-the-Fact" 70' Tall Flag Pole Located at the Back Tee of Hole No.
(1411)
Deputy City Manager/City Clerk Petru reported that this was a continued public
hearing and she had one request to speak on the item.
Deputy Planning Director Pfost provided a summary of the staff report.
The Council discussed the lighting provision for the flag pole and Mayor Long
clarified that the wiring for the lighting could be installed and the City would
control whether the flag would be lit.
Mayor Pro Tern Stern stated that the indemnification should include indemnifying
the City for any problems or injuries that arrive from the maintenance of the flag.
City Attorney Lynch noted that the indemnification was included in the current
agreement and she suggested adding the word maintenance to the agreement to
amplify language addressing maintenance of the flag pole and amenities.
Councilman Wolwoicz expressed concern that there was nothing in the
document stating that the applicant could not change the location of the flag pole
or put up another flag pole.
Mayor Long indicated that such a condition was not necessary since the flag pole
belonged to the City, but inquired if the permit could be conditioned so that the
Trump National Organization could not erect another flag pole anywhere else on
the site.
City Attorney Lynch pointed out that the specific condition of approval specified
the location. She expressed concern about prohibiting a flag pole somewhere
else on the property as part of the conditions of approval and recommended
against the imposition of additional conditions.
Councilman Clark proposed a site for the flag pole be in an underutilized area of
the park which could accommodate tables and benches. He indicated that many
people did not realize that the flag pole was part of the City park in its present
location.
City Council Minutes
March 20, 2007
Page 13of18
2-9
Deputy Planning Director Pfost noted that the other two areas proposed for the
flag pole relocation could accommodate a viewing area with tables and benches.
He pointed out ADA issues and concerns with traffic on the bike trail with the
location of the flag pole; and he suggested constructing a spur off of the bike trail
to address ADA access.
Vincent Stellio, Trump National, did not think that the area proposed by
Councilman Clark was safe as it was divided by a bike path, there was no
existing ADA access, and there was the potential for people to be struck by golf
balls from Hole 18. He asserted that the existing picnic tables were rarely utilized
and wanted to see more sitting benches added to the park.
Councilman Wolowicz received clarification that a bench would be feasible at
both sites.
Councilman Clark observed that the benches were being utilized but indicated
that he would like to see the Trump Organization agree to put in low profile
seating benches at two alternate sites as there were many vista points at the
Trump Golf Course but very few benches to enjoy the views.
Mr. Stellio was amenable if the benches could be removed so the area could be
used for tournaments.
Mayor Pro Tern Stern indicated that it was important to allow more of a buffer
zone from the golf areas and he supported benches because he thought picnic
tables negatively affected the visual impact.
Councilman Clark moved to approve the permanent location of the flagpole in its
existing location with all conditions as enumerated in the staff report and the
installation of one bench at each of the alternative locations and one removable
bench at each of the vista points at the end of the park. Councilman Gardiner
seconded the motion.
Councilman Wolowicz expressed opposition to the flagpole at its current location
and asked that the motion be split and voted on separately.
Councilman Clark moved, seconded by Councilman Gardiner, to ADOPT
RESOLUTION NO. 2007-30, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, APPROVING ADDENDUM NO. 26 TO
ENVIRONMENTAL IMPACT REPORT NO. 36 FOR REVISION "BB." The
motion passed by the following roll call vote:
AYES:
NOES:
Clark, Gardiner and Mayor Long
Stern and Wolowicz
City Council Minutes
March 20, 2007
Page 14of18
2-10
Councilman Clark moved, seconded by Councilman Gardiner, to ADOPT
RESOLUTION NO. 2007-31, AS AMENDED, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE
APPEAL AND THEREBY APPROVING REVISION "BB", AMENDING CUP NO.
162 AND APPROVING A VARIANCE TO ALLOW A 70' TALL FLAG POLE. The
motion passed by the following roll call vote:
AYES:
NOES:
Clark, Gardiner and Mayor Long
Stern and Wolowicz
Councilman Clark moved, seconded by Councilman Gardiner, to 1) Provide
direction to Staff and the Applicant in regards to which of the two proposed
alternatives for a publicly accessible viewing area in Founders Park is the
preferred alternative with four benches; 2) Accept a Grant Deed for property
where the flag pole is currently located; and 3) Enter into an Indemnity
Agreement, as amended, pertaining to the flag pole. A roll call vote reflected
unanimous approval.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA
Mayor Pro Tern Stern moved, seconded by Councilman Wolowicz, to suspend
the rules regarding the end time for the meeting so that Council could attempt to
finish the remaining agenda items.
Without objection, Mayor Long so ordered.
Councilman Clark moved, seconded by Mayor Long, to move Item 14 forward as
Councilman Clark needed to leave after that item.
Hearing no objection, Mayor Long so ordered.
REGULAR NEW BUSINESS:
City Council Succession Appointments (306)
Mayor Pro Tern Stern moved, seconded by Mayor Long, to waive the staff report
and adopt the nominations in the staff report as well as those to be stated by
Councilman Clark and Councilman Wolowicz.
Without objection, Mayor Long so ordered.
Councilman Clark nominated Jon Cartwright, Paul Tetreault and Lois Karp as his
succession appointees in case of an emergency.
City Attorney Lynch explained procedures for handling duplicate nominations.
City Council Minutes
March 20, 2007
Page 15of18
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