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RPVCCA_CC_SR_2012_05_29_01_Revision_QQ_Trump_National_Golf_CourseCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,COMMUNITY DEVELOPMENT DIRECTO~\O'~ MAY 29,2012 REVISION "QQ"TO THE TRUMP NATIONAL GOLF COURSE PROJECT -PROPOSED REVISIONS TO DRIVING RANGE CAROLYN LEHR,CITY MANAGER ~ Gregory Pfost,AICP,Deputy Community Development Directo~ RECOMMENDATION 1)Adopt Resolution No.2012-_,certifying a Subsequent Mitigated Negative Declaration and approving Revision "QQ"for proposed revisions to the Driving Range. Quasi-Judicial Decision This item is a quasi-judicial decision in which the City Council is being asked to affirm whether specific findings of fact can continue to be made in order to support approval of the Conditional Use Permit amendment application.The specific findings of fact are listed and discussed in the "Discussion"portion of the Staff Report. EXECUTIVE SUMMARY The Driving Range was approved by the City Council as Revision "W"in 2005.Since then,the Driving Range has been in operation temporarily.The Applicant is proposing some relatively .minor revisions to four of the mitigation measures that were approved as part of the certified Mitigated Negative Declaration for the Driving Range under Revision "W".Specifically,the changes address the timing of planting 0.60 acres of habitat restoration (Mitigation Measures B-2 and B-4),removal of the 2005 approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm (Mitigation Measure H- 1),and removal of some of the operational aspects governing the Driving Range (Mitigation Measure H-2). CITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,COMMUNITY DEVELOPMENT DIRECTO~\O'~ MAY 29,2012 REVISION "QQ"TO THE TRUMP NATIONAL GOLF COURSE PROJECT -PROPOSED REVISIONS TO DRIVING RANGE CAROLYN LEHR,CITY MANAGER ~ Gregory Pfost,AICP,Deputy Community Development Directo~ RECOMMENDATION 1)Adopt Resolution No.2012-_,certifying a Subsequent Mitigated Negative Declaration and approving Revision "QQ"for proposed revisions to the Driving Range. Quasi-Judicial Decision This item is a quasi-judicial decision in which the City Council is being asked to affirm whether specific findings of fact can continue to be made in order to support approval of the Conditional Use Permit amendment application.The specific findings of fact are listed and discussed in the "Discussion"portion of the Staff Report. EXECUTIVE SUMMARY The Driving Range was approved by the City Council as Revision "W"in 2005.Since then,the Driving Range has been in operation temporarily.The Applicant is proposing some relatively .minor revisions to four of the mitigation measures that were approved as part of the certified Mitigated Negative Declaration for the Driving Range under Revision "W".Specifically,the changes address the timing of planting 0.60 acres of habitat restoration (Mitigation Measures B-2 and B-4),removal of the 2005 approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm (Mitigation Measure H- 1),and removal of some of the operational aspects governing the Driving Range (Mitigation Measure H-2). 1-1 Revision "QQ"-Trump National Golf Club May 29,2012 Page 2 of 11 The City's Golf Safety Consultant that originally reviewed the 2005 Driving Range (Revision "W")supports the proposed revisions to mitigation measures H-1 and H-2 because the proposed changes do not cause an adverse effect upon the operation of the Driving Range, nor to the safety of pedestrians using the surrounding trails.Staff feels that the proposed changes to mitigation measures B-2 and B-4 are relatively minor and are warranted given that future infrastructure improvements serving the residential portion of the project may impact sensitive habitat planted earlier as currently required by the mitigation measures.As such, Staff is recommending adoption of the attached Resolution certifying a Subsequent Mitigated Negative Declaration and approving Revision "00". BACKGROUND In June 1992,the City Council approved the Ocean Trails project (now known as Trump National),.which,at that time,included an 18-hole golf course,clubhouse,public open space and 83 single-family residential lots.Since June 1992,the project has been revised several times.Today,the approved project includes an 18-hole golf course,Clubhouse,Driving Range, public open space and 59 single-family residential lots.The 59 single-family residential lots are within two different tracts;23 lots within Tract No.50666 and 36 lots within Tract No.50667. Tract No.50666 is still a Vesting Tentative Tract Map,while Tract No.50667 has been finaled and recorded. On June 7,2005 the City Council approved Revision "w"to the project,which allowed development of the Driving Range in place of 16 residential lots.The approval of the Driving Range included the certification of a Mitigated Negative Declaration (MND),which included various mitigation measures,and the adoption of specific conditions of approval through an amendment to the project's existing entitlements. The Driving Range was subsequently constructed,but has been operating on a temporary basis.While a geology report has been approved for the Driving Range,which was one of the main issues holding up its permanent opening,there are other items/conditions of approval that need to be completed before the City could allow a permanent opening of the Driving Range. These include,Coastal Commission approval of the Driving Range,approval of an As-built Geotechnical report for the Driving Range,re-vegetation of .60 acres of Coastal Sage Scrub, submittal of a paleontological report addressing any finds discovered through the grading operation,and the installation of specific fencing,landscaping and sign age. In regards to the status of the Driving Range application before the Coastal Commission,the Trump Organization has requested a delay in its processing because they informed Coastal Staff that they are currently pursuing additional changes to the City's adopted mitigation measures governing the use and design of the Driving Range,which is the subject of the request (Revision "00")before the Council tonight.These changes include; •Removal of the 2005 approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm; •Removal of the operational aspects governing the Driving Range;and Revision "QQ"-Trump National Golf Club May 29,2012 Page 2 of 11 The City's Golf Safety Consultant that originally reviewed the 2005 Driving Range (Revision "W")supports the proposed revisions to mitigation measures H-1 and H-2 because the proposed changes do not cause an adverse effect upon the operation of the Driving Range, nor to the safety of pedestrians using the surrounding trails.Staff feels that the proposed changes to mitigation measures B-2 and B-4 are relatively minor and are warranted given that future infrastructure improvements serving the residential portion of the project may impact sensitive habitat planted earlier as currently required by the mitigation measures.As such, Staff is recommending adoption of the attached Resolution certifying a Subsequent Mitigated Negative Declaration and approving Revision "00". BACKGROUND In June 1992,the City Council approved the Ocean Trails project (now known as Trump National),.which,at that time,included an 18-hole golf course,clubhouse,public open space and 83 single-family residential lots.Since June 1992,the project has been revised several times.Today,the approved project includes an 18-hole golf course,Clubhouse,Driving Range, public open space and 59 single-family residential lots.The 59 single-family residential lots are within two different tracts;23 lots within Tract No.50666 and 36 lots within Tract No.50667. Tract No.50666 is still a Vesting Tentative Tract Map,while Tract No.50667 has been finaled and recorded. On June 7,2005 the City Council approved Revision "w"to the project,which allowed development of the Driving Range in place of 16 residential lots.The approval of the Driving Range included the certification of a Mitigated Negative Declaration (MND),which included various mitigation measures,and the adoption of specific conditions of approval through an amendment to the project's existing entitlements. The Driving Range was subsequently constructed,but has been operating on a temporary basis.While a geology report has been approved for the Driving Range,which was one of the main issues holding up its permanent opening,there are other items/conditions of approval that need to be completed before the City could allow a permanent opening of the Driving Range. These include,Coastal Commission approval of the Driving Range,approval of an As-built Geotechnical report for the Driving Range,re-vegetation of .60 acres of Coastal Sage Scrub, submittal of a paleontological report addressing any finds discovered through the grading operation,and the installation of specific fencing,landscaping and sign age. In regards to the status of the Driving Range application before the Coastal Commission,the Trump Organization has requested a delay in its processing because they informed Coastal Staff that they are currently pursuing additional changes to the City's adopted mitigation measures governing the use and design of the Driving Range,which is the subject of the request (Revision "00")before the Council tonight.These changes include; •Removal of the 2005 approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm; •Removal of the operational aspects governing the Driving Range;and 1-2 Revision "QQ"-Trump National Golf Club May 29,2012 Page 3 of 11 •Changes to the timing of the installation of 0.60 acres of Coastal Sage Scrub. Once Revision "00"has been acted upon by the City Council,the Coastal Permit for the Driving Range is approved by the Coastal Commission,and all of the other items that need to be completed related to the Driving Range have been completed,then permanent opening of the Driving Range can be granted. DISCUSSION Revision "00"is a request to amend four adopted mitigation measures from the Driving Range approval of 2005 (Revision "W").Below,Staff has identified the each of the proposed changes to the existing adopted mitigation measures and Staff's analysis of each proposed revision. Mitigation Measures B-2 and B-4: Below are the proposed revisions to Mitigation Measures B-2 and B-4 (underline for text added and strikethrough for text removed): •B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement, CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. Monitoring and Reporting Action Milestone:Revegetate habitat prior to issuance of Certificate of occupancy and prior to issuance of building permits for any homes in VTTM50666 •B-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666,t+he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting, maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. Monitoring and Reporting Action Milestone:Prior to issuance of Certificate of Occupancy building permits for any homes in VTTM50666 As discussed in the previously certified MND for Revision "W"for the Driving Range and revised Vesting Tentative Tract Map,due to the slight relocation of a public trail along the southern edge of the Driving Range,the project (Revision "W")would necessitate permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub habitat thereby creating an additional 0.09 acres of impact.To mitigate for these impacts,a total of 0.60 acres of coastal sage scrub in two areas (located to the south and to the east of the Driving Range)is to be planted. The Applicant has requested that Revision "W"Mitigation Measures B-2 and B-4 be changed so that their respective Monitoring and Reporting Action Milestones are adjusted to plant the required habitat "Prior to issuance of the first building permit for a home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to Certificate of Occupancy"of the Driving Range. The purpose of this request is due to the proposed habitat being required to be planted to the Revision "QQ"-Trump National Golf Club May 29,2012 Page 3 of 11 •Changes to the timing of the installation of 0.60 acres of Coastal Sage Scrub. Once Revision "00"has been acted upon by the City Council,the Coastal Permit for the Driving Range is approved by the Coastal Commission,and all of the other items that need to be completed related to the Driving Range have been completed,then permanent opening of the Driving Range can be granted. DISCUSSION Revision "00"is a request to amend four adopted mitigation measures from the Driving Range approval of 2005 (Revision "W").Below,Staff has identified the each of the proposed changes to the existing adopted mitigation measures and Staff's analysis of each proposed revision. Mitigation Measures B-2 and B-4: Below are the proposed revisions to Mitigation Measures B-2 and B-4 (underline for text added and strikethrough for text removed): •B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement, CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. Monitoring and Reporting Action Milestone:Revegetate habitat prior to issuance of Certificate of occupancy and prior to issuance of building permits for any homes in VTTM50666 •B-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666,t+he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting, maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. Monitoring and Reporting Action Milestone:Prior to issuance of Certificate of Occupancy building permits for any homes in VTTM50666 As discussed in the previously certified MND for Revision "W"for the Driving Range and revised Vesting Tentative Tract Map,due to the slight relocation of a public trail along the southern edge of the Driving Range,the project (Revision "W")would necessitate permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub habitat thereby creating an additional 0.09 acres of impact.To mitigate for these impacts,a total of 0.60 acres of coastal sage scrub in two areas (located to the south and to the east of the Driving Range)is to be planted. The Applicant has requested that Revision "W"Mitigation Measures B-2 and B-4 be changed so that their respective Monitoring and Reporting Action Milestones are adjusted to plant the required habitat "Prior to issuance of the first building permit for a home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to Certificate of Occupancy"of the Driving Range. The purpose of this request is due to the proposed habitat being required to be planted to the 1-3 Revision "QQ"-Trump National Golf Club May 29,2012 Page 4 of 11 south and to the east the Driving Range and conflicting with future infrastructure improvements. Specifically,in regards to the portion of the 0.60 acres to be planted in an area to the south of the Driving Range,infrastructure (storm drain and sewer lines)serving the future 12 homes located between the Driving Range and Palos Verdes Drive South will run beneath the Driving Range and through the southerly berm to connect to existing infrastructure on the southerly side of the Driving Range.In regards to the portion of the 0.60 acres to be planted to the east of the Driving Range,additional infrastructure (storm drain line)is proposed along side of the planting area.The installation of said infrastructure is directly related to the construction of the future homes.If habitat were planted before the infrastructure was to be installed then it would have to be partially removed when the infrastructure is eventually installed for the homes.So as not to disrupt the newly planted habitat,it makes more sense to tie the installation of the habitat with the future homes than the construction of the Driving Range.Further,since the 2005 approval of Revision "W"for the Driving Range was an amendment to Vesting Tentative Tract Map No. 50666,which also included the revision to home sites,the nexus of applying this mitigation measure to the residential development of the tract is sound. Mitigation Measures H-1 and H-2: Below are the proposed revisions to Mitigation Measures H-1 and H-2 (underline for text added and strikethrough for text removed): •H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666", dated .~bruary 2,2005Ssubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof,to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails.If a landscape hedge is used in lieu of or in combination with a fence,then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density.Further,any landscape hedge,fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge,fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. Monitoring and Reporting Action Milestone:Prior to issuance of Certificate of Occupancy •H-2:The proposed use of the driving range shall comply with the following: o Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. o Golfers will be restricted to using certain golf clubs depending upon V'lhich tee area they are hitting from based upon the "Golf Shot Plan fl.Specifically,Section '~"of the golf tees will be used for shots tre1'leling up to 140 yards,Section "8"wiN be used for shots traveling bet'llOen 140 yards and 215 yards,and Section "G"wi!.'be used for shots traveling o'lOr 215 yards (see Exhibit C). Revision "QQ"-Trump National Golf Club May 29,2012 Page 4 of 11 south and to the east the Driving Range and conflicting with future infrastructure improvements. Specifically,in regards to the portion of the 0.60 acres to be planted in an area to the south of the Driving Range,infrastructure (storm drain and sewer lines)serving the future 12 homes located between the Driving Range and Palos Verdes Drive South will run beneath the Driving Range and through the southerly berm to connect to existing infrastructure on the southerly side of the Driving Range.In regards to the portion of the 0.60 acres to be planted to the east of the Driving Range,additional infrastructure (storm drain line)is proposed along side of the planting area.The installation of said infrastructure is directly related to the construction of the future homes.If habitat were planted before the infrastructure was to be installed then it would have to be partially removed when the infrastructure is eventually installed for the homes.So as not to disrupt the newly planted habitat,it makes more sense to tie the installation of the habitat with the future homes than the construction of the Driving Range.Further,since the 2005 approval of Revision "W"for the Driving Range was an amendment to Vesting Tentative Tract Map No. 50666,which also included the revision to home sites,the nexus of applying this mitigation measure to the residential development of the tract is sound. Mitigation Measures H-1 and H-2: Below are the proposed revisions to Mitigation Measures H-1 and H-2 (underline for text added and strikethrough for text removed): •H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666", dated .~bruary 2,2005Ssubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof,to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails.If a landscape hedge is used in lieu of or in combination with a fence,then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density.Further,any landscape hedge,fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge,fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. Monitoring and Reporting Action Milestone:Prior to issuance of Certificate of Occupancy •H-2:The proposed use of the driving range shall comply with the following: o Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. o Golfers will be restricted to using certain golf clubs depending upon V'lhich tee area they are hitting from based upon the "Golf Shot Plan fl.Specifically,Section '~"of the golf tees will be used for shots tre1'leling up to 140 yards,Section "8"wiN be used for shots traveling bet'llOen 140 yards and 215 yards,and Section "G"wi!.'be used for shots traveling o'lOr 215 yards (see Exhibit C). 1-4 Revision "QQ"-Trump National Golf Club May 29,2012 Page 5 of 11 o Signs wiN be posted in Sections ''1\'',"8"and "G"noting distances authorized to hit from each tee section. o An on site Golf Professional wi!!monitor aN tee areas of the driving range during aN operating hours of the driving range to ensure that the proper golf clubs are being used from the preper tees. o When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Monitoring and Reporting Action Milestone:On-going during use of driving range As discussed in the previously certified MND for Revision "W"for the Driving Range,a public pedestrian/bicycle trail will be located adjacent to the south and west sides of the Driving Range. Additionally,existing single-family residential homes within the Portuguese Bend Club are located further to the west of the Driving Range and 10 proposed new single-family homes will be located adjacent to the north side of the Driving Range.Users of the Driving Range will mainly be hitting golf balls from east to west,while there will be a limited number of golfers, which are taking lessons that will hit from west to east.With any Driving Range or golf course adjacent to these types of uses,there is a potential that golf balls may stray from the range and impact neighboring uses.It is important to note that portions of the existing 18-hole golf course are adjacent to similar uses -public trails and residential homes,although the original EIR #36 for the entire project site did not identify this as a hazard that would cause a significantly adverse impact. Through the approval of Revision "W",the Driving Range had been designed to address these potential hazards and impacts to public safety.Specifically,the range had been designed in a bowl shape that creates a berm along the southern and northern edges of the Driving Range. The berm on the southern edge,which is adjacent to the public trails system,was approved up to 20 feet higher than the surface of the adjacent trail.With the original approval of the Driving Range (Revision "W"),immediately adjacent to the public trail on the south side of the Driving Range was proposed a 6'high retaining wall with 6'high decorative fence that would hinder balls that go over the berm from rolling onto the public trail.Landscaping that will not hinder any views over the site would also be planted on the southerly berm to also deter balls from bouncing onto the trail.The length of the Driving Range is sufficient for most golfers.A decorative 6'high fence would be placed along the western edge of the Driving Range,with additional landscaping that would hinder balls from reaching this public trail and existing residential homes within the Portuguese Bend Club.Future homeowners purchasing lots adjacent to the northern boundary of the Driving Range would be required to agree to a disclosure statement warning the owner of the potential hazards related to owning property next to a Driving Range before purchasing the subject property. Additionally,under Revision "W",a Driving Range Use Program (Mitigation Measure H-2)would be implemented as part of the proposed project that specifies how the Driving Range will be operated to ensure safety to adjacent public and private uses.In summary,Revision "W" indicated that while hazardous impacts to public safety may be significant with a proposed Driving Range,based upon the physical design and proposed use of the proposed Driving Range and implementation of the mitigation measures,there will be no significant adverse impacts. Revision "QQ"-Trump National Golf Club May 29,2012 Page 5 of 11 o Signs wiN be posted in Sections ''1\'',"8"and "G"noting distances authorized to hit from each tee section. o An on site Golf Professional wi!!monitor aN tee areas of the driving range during aN operating hours of the driving range to ensure that the proper golf clubs are being used from the preper tees. o When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Monitoring and Reporting Action Milestone:On-going during use of driving range As discussed in the previously certified MND for Revision "W"for the Driving Range,a public pedestrian/bicycle trail will be located adjacent to the south and west sides of the Driving Range. Additionally,existing single-family residential homes within the Portuguese Bend Club are located further to the west of the Driving Range and 10 proposed new single-family homes will be located adjacent to the north side of the Driving Range.Users of the Driving Range will mainly be hitting golf balls from east to west,while there will be a limited number of golfers, which are taking lessons that will hit from west to east.With any Driving Range or golf course adjacent to these types of uses,there is a potential that golf balls may stray from the range and impact neighboring uses.It is important to note that portions of the existing 18-hole golf course are adjacent to similar uses -public trails and residential homes,although the original EIR #36 for the entire project site did not identify this as a hazard that would cause a significantly adverse impact. Through the approval of Revision "W",the Driving Range had been designed to address these potential hazards and impacts to public safety.Specifically,the range had been designed in a bowl shape that creates a berm along the southern and northern edges of the Driving Range. The berm on the southern edge,which is adjacent to the public trails system,was approved up to 20 feet higher than the surface of the adjacent trail.With the original approval of the Driving Range (Revision "W"),immediately adjacent to the public trail on the south side of the Driving Range was proposed a 6'high retaining wall with 6'high decorative fence that would hinder balls that go over the berm from rolling onto the public trail.Landscaping that will not hinder any views over the site would also be planted on the southerly berm to also deter balls from bouncing onto the trail.The length of the Driving Range is sufficient for most golfers.A decorative 6'high fence would be placed along the western edge of the Driving Range,with additional landscaping that would hinder balls from reaching this public trail and existing residential homes within the Portuguese Bend Club.Future homeowners purchasing lots adjacent to the northern boundary of the Driving Range would be required to agree to a disclosure statement warning the owner of the potential hazards related to owning property next to a Driving Range before purchasing the subject property. Additionally,under Revision "W",a Driving Range Use Program (Mitigation Measure H-2)would be implemented as part of the proposed project that specifies how the Driving Range will be operated to ensure safety to adjacent public and private uses.In summary,Revision "W" indicated that while hazardous impacts to public safety may be significant with a proposed Driving Range,based upon the physical design and proposed use of the proposed Driving Range and implementation of the mitigation measures,there will be no significant adverse impacts. 1-5 Revision "QQ"-Trump National Golf Club May 29,2012 Page 6 of 11 With the current proposed revision (Revision "QQ"),the Applicant is proposing to change mitigation measure H-1 so that its reference to a specific plan entitled the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666,dated February 2,2005", which included a safety feature of a 6'high retaining wall with 6'high fence atop,be changed so that the 6'high retaining wall and 6'high fence atop be replaced with an alternative fence, hedge or combination thereof,that no longer includes the retaining wall portion.Further,the Applicant has requested that Mitigation Measure H-2 be revised to eliminate the 2 nd ,3 rd and 4th bullet points,which would therefore no longer require that golfers using the Driving Range use specific golf clubs at specific locations. During the review and analysis of Revision "W",and attached to the MND for Revision "W",was a report by a Golf Safety Consultant that confirmed that there would be no potentially significant adverse hazard impacts to public safety provided the mitigation measures were implemented. Upon visiting the site after the Driving Range has been in operation,and considering that there have been more than 9,600 users of the Driving Range without incident,the same Golf Safety Consultant has confirmed that these mitigation measures may be adjusted as discussed above ensuring that there will still not be a potentially significant adverse hazard impact to public safety.While monitoring the golf club use would no longer be required,a fence,hedge or combination thereof to provide protection of the public surrounding the Driving Range would still be required. It is important to note that as shown in the proposed revised Mitigation Measure H-1,text has been incorporated within the revised Mitigation Measure to ensure that the future fence,hedge and/or combination thereof is not higher than the southerly berm,thereby maintaining views of the ocean from landward areas. The Council should also note that one of the Driving Range Mitigation Measures from Revision "W",which is not being altered in any way,indicates that if the City determines 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,the owner shall immediately cease all use of the Driving Range until such impacts can be mitigated by the developer.Such mitigation measures shall be reviewed and approved by the City Council.Further,if it is determined that said impacts cannot be mitigated,upon notice by the City,the owner shall cease all use ofthe Driving Range. Findings for Revision "QQ": The 2005 approval of Revision "W"included amendments to the following existing entitlements: Conditional Use Permits Nos.162 and 163,Vesting Tentative Tract Map No.50666 and Grading Permit No.1541.In approving Revision "W",the City Council adopted the following findings of fact related to each permit: Conditional Use Permit Nos.162 and 163: 1.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; 2.That the site for the proposed use relates to streets and highways sufficient to carry Revision "QQ"-Trump National Golf Club May 29,2012 Page 6 of 11 With the current proposed revision (Revision "QQ"),the Applicant is proposing to change mitigation measure H-1 so that its reference to a specific plan entitled the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666,dated February 2,2005", which included a safety feature of a 6'high retaining wall with 6'high fence atop,be changed so that the 6'high retaining wall and 6'high fence atop be replaced with an alternative fence, hedge or combination thereof,that no longer includes the retaining wall portion.Further,the Applicant has requested that Mitigation Measure H-2 be revised to eliminate the 2 nd ,3 rd and 4th bullet points,which would therefore no longer require that golfers using the Driving Range use specific golf clubs at specific locations. During the review and analysis of Revision "W",and attached to the MND for Revision "W",was a report by a Golf Safety Consultant that confirmed that there would be no potentially significant adverse hazard impacts to public safety provided the mitigation measures were implemented. Upon visiting the site after the Driving Range has been in operation,and considering that there have been more than 9,600 users of the Driving Range without incident,the same Golf Safety Consultant has confirmed that these mitigation measures may be adjusted as discussed above ensuring that there will still not be a potentially significant adverse hazard impact to public safety.While monitoring the golf club use would no longer be required,a fence,hedge or combination thereof to provide protection of the public surrounding the Driving Range would still be required. It is important to note that as shown in the proposed revised Mitigation Measure H-1,text has been incorporated within the revised Mitigation Measure to ensure that the future fence,hedge and/or combination thereof is not higher than the southerly berm,thereby maintaining views of the ocean from landward areas. The Council should also note that one of the Driving Range Mitigation Measures from Revision "W",which is not being altered in any way,indicates that if the City determines 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,the owner shall immediately cease all use of the Driving Range until such impacts can be mitigated by the developer.Such mitigation measures shall be reviewed and approved by the City Council.Further,if it is determined that said impacts cannot be mitigated,upon notice by the City,the owner shall cease all use ofthe Driving Range. Findings for Revision "QQ": The 2005 approval of Revision "W"included amendments to the following existing entitlements: Conditional Use Permits Nos.162 and 163,Vesting Tentative Tract Map No.50666 and Grading Permit No.1541.In approving Revision "W",the City Council adopted the following findings of fact related to each permit: Conditional Use Permit Nos.162 and 163: 1.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; 2.That the site for the proposed use relates to streets and highways sufficient to carry 1-6 Revision "QQ"-Trump National Golf Club May 29,2012 Page 7 of 11 the type and quantity of traffic generated by the subject use; 3.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; 4.That the proposed use is not contrary to the general plan; 5.That,if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts)of this title,the proposed use complies with all applicable requirements of that chapter;and 6.That conditions regarding any of the requirements listed in this paragraph,which the Planning Commission finds to be necessary to protect the health,safety and general welfare, have been imposed:a.Setbacks and buffers;b.Fences or walls;c.Lighting;d.Vehicular ingress and egress;e.Noise,vibration,odors and similar emissions;f.Landscaping;g. Maintenance of structures,grounds or signs;h.Service roads or alleys;and i.Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. Vesting Tentative Tract Map 50666: (a)That the proposed map,and the design or improvement of the proposed subdivision,is consistent with applicable general and specific plans;and (b)That the site is physically suitable for the type and density of development;and (c)That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;and (d)That the design of the subdivision or type of improvements will not cause serious public health problems;and (e)That the design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of,property within the proposed subdivision. Grading Permit 1541: E.1.The grading does not exceed that which is necessary for the permitted primary use of the lot,as defined in Chapter 17.96 of this title. E.2.The grading and/or related construction does not significantly adversely affect the visual relationships with,nor the views from,neighboring properties. E.3.The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. EA.The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. E.5.For new single-family residences,the grading and/or related construction is compatible with the immediate neighborhood character,as defined in Chapter 17.02. E.6.In new residential tracts,the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. E.7.The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. E.8.The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. E.9.The grading conforms to the standards of Section 17.76.040(E)(9). The proposed revision "QQ"only causes revisions to the existing Mitigation Measures and does not necessitate a change to any of the existing conditions of approval adopted for the fore- mentioned entitlements.However,since the original 2005 Revision "W"was approved through Revision "QQ"-Trump National Golf Club May 29,2012 Page 7 of 11 the type and quantity of traffic generated by the subject use; 3.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; 4.That the proposed use is not contrary to the general plan; 5.That,if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts)of this title,the proposed use complies with all applicable requirements of that chapter;and 6.That conditions regarding any of the requirements listed in this paragraph,which the Planning Commission finds to be necessary to protect the health,safety and general welfare, have been imposed:a.Setbacks and buffers;b.Fences or walls;c.Lighting;d.Vehicular ingress and egress;e.Noise,vibration,odors and similar emissions;f.Landscaping;g. Maintenance of structures,grounds or signs;h.Service roads or alleys;and i.Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. Vesting Tentative Tract Map 50666: (a)That the proposed map,and the design or improvement of the proposed subdivision,is consistent with applicable general and specific plans;and (b)That the site is physically suitable for the type and density of development;and (c)That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;and (d)That the design of the subdivision or type of improvements will not cause serious public health problems;and (e)That the design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of,property within the proposed subdivision. Grading Permit 1541: E.1.The grading does not exceed that which is necessary for the permitted primary use of the lot,as defined in Chapter 17.96 of this title. E.2.The grading and/or related construction does not significantly adversely affect the visual relationships with,nor the views from,neighboring properties. E.3.The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. EA.The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. E.5.For new single-family residences,the grading and/or related construction is compatible with the immediate neighborhood character,as defined in Chapter 17.02. E.6.In new residential tracts,the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. E.7.The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. E.8.The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. E.9.The grading conforms to the standards of Section 17.76.040(E)(9). The proposed revision "QQ"only causes revisions to the existing Mitigation Measures and does not necessitate a change to any of the existing conditions of approval adopted for the fore- mentioned entitlements.However,since the original 2005 Revision "W"was approved through 1-7 Revision "QQ"-Trump National Golf Club May 29,2012 Page 8 of 11 a Mitigated Negative Declaration and amendments to the fore-mentioned entitlements,in reviewing the proposed revisions under Revision "QQ",the City Council must re-affirm that the same findings of fact adopted for Revision "W"can still be adopted for the currently proposed Revision "QQ".As the proposed changes under Revision "QQ"are relatively minor and Staff does not find any conflict with the findings noted above,Staff believes that the findings can still be made for the proposed revision. Environmental Assessment As required by Section 15162(b)of the California Environmental Quality Act (CEQA),while there are no significant impacts associated with the proposed revisions that cannot be mitigated,since there are proposed revisions to the previously certified Mitigated Negative Declaration (MND), namely proposed revisions to the four mitigation measures as discussed above,those revisions warrant plJblic review and as such a Subsequent MND (SMND)is the most appropriate way to document said changes and allow for public input consistent with CEQA policies.Thus,after reviewing the Initial Study (attached)and any applicable mitigating measures for the project, Staff determined that this project (Revision "QQ")will not have a significant effect on the environment.Accordingly,a SMND has been prepared for the City Council's consideration and certification. As required by CEQA,the Initial Study and notice of the proposed SMND were released for public comment for a period of 30 days (from March 29,2012 through April 27,2012).At the time this report was prepared,Staff had not received any comments. The Initial Study that was released for public review included the "Draft"revised Mitigation Measures as originally requested by the Trump Organization.However,during the public comment period,the City received a request from the Trump Organization to revise Mitigation Measure H-1 to allow the possibility of having a landscape hedge be installed in conjunction with or in lieu of a fence parallel to and on the ocean side of the southerly berm as the Trump Organization felt that a landscape hedge may be more aesthetically pleasing.The table below describes Mitigation Measure H-1 as it was included in the Initial Study that was released for public review,and the proposed revision requested by the Trump Organization that is currently before the Council (strikethrough and underline text represent changes to the original 2005 Revision "W"mitigation measure). H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, 200aS§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area and desi n as described in the H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, 200aS§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof.to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the drivin ran e and the edestrian/bic cle trails,oo.th--iR Revision "QQ"-Trump National Golf Club May 29,2012 Page 8 of 11 a Mitigated Negative Declaration and amendments to the fore-mentioned entitlements,in reviewing the proposed revisions under Revision "QQ",the City Council must re-affirm that the same findings of fact adopted for Revision "W"can still be adopted for the currently proposed Revision "QQ".As the proposed changes under Revision "QQ"are relatively minor and Staff does not find any conflict with the findings noted above,Staff believes that the findings can still be made for the proposed revision. Environmental Assessment As required by Section 15162(b)of the California Environmental Quality Act (CEQA),while there are no significant impacts associated with the proposed revisions that cannot be mitigated,since there are proposed revisions to the previously certified Mitigated Negative Declaration (MND), namely proposed revisions to the four mitigation measures as discussed above,those revisions warrant plJblic review and as such a Subsequent MND (SMND)is the most appropriate way to document said changes and allow for public input consistent with CEQA policies.Thus,after reviewing the Initial Study (attached)and any applicable mitigating measures for the project, Staff determined that this project (Revision "QQ")will not have a significant effect on the environment.Accordingly,a SMND has been prepared for the City Council's consideration and certification. As required by CEQA,the Initial Study and notice of the proposed SMND were released for public comment for a period of 30 days (from March 29,2012 through April 27,2012).At the time this report was prepared,Staff had not received any comments. The Initial Study that was released for public review included the "Draft"revised Mitigation Measures as originally requested by the Trump Organization.However,during the public comment period,the City received a request from the Trump Organization to revise Mitigation Measure H-1 to allow the possibility of having a landscape hedge be installed in conjunction with or in lieu of a fence parallel to and on the ocean side of the southerly berm as the Trump Organization felt that a landscape hedge may be more aesthetically pleasing.The table below describes Mitigation Measure H-1 as it was included in the Initial Study that was released for public review,and the proposed revision requested by the Trump Organization that is currently before the Council (strikethrough and underline text represent changes to the original 2005 Revision "W"mitigation measure). H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, 200aS§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range.and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area and desi n as described in the H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, 200aS§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof.to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the drivin ran e and the edestrian/bic cle trails,oo.th--iR 1-8 Revision "QQ"-Trump National Golf Club May 29,2012 Page 9 of 11 review letter by Kip Schulties Golf Design.Inc ..dated March 24,2012 ..Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. an area as described in the revim'i letter by Kip Schulties Golf Design.Inc..dated March 24,2012 ..If a landscape hedge is used in lieu of or in combination with a fence, then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessarY density.Further.any landscape hedge.fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge.fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. CEOA section 15073.5 and 15074.1 allow the substitution of mitigation measures in a proposed MND without re-circulating the MND (or in this case SMND)if the mitigation measures are replaced with equal or more effective measures and the change will not cause any potential significant effect on the environment.Staff consulted with the City's Golf Safety Consultant for this project who confirmed that provided a substituted hedge is of sufficient density upon planting and maintained as such,it would be equivalent to the original 2005 Revision "w" mitigation that required a 6'high retaining wall with 6'high fence atop.To ensure that if not planted to sufficient density to keep a golf ball from reaching the trail,the mitigation measure has been revised to have the Applicant provide an alternative such as adding mesh fencing to the hedge until the density is achieved.Additionally,to ensure that a proposed hedge does not hinder views,the mitigation measure has been revised to ensure that the hedge,fence or combination thereof would not be higher than the southerly berm.Therefore,since the revised mitigation measure recently proposed by the Trump Organization is equivalent to both the mitigation measure that was released with the public notice and the original mitigation measure, and there will be no additional significant effects on the environment,the proposed change meets the requirements of CEOA for not requiring re-circulation of the SMND and thus the mitigation measure can be revised as proposed by the Trump Organization. It should be noted that since the only affect to the 2005 Driving Range project (Revision "W")is upon the mitigation measures in the topic areas of "Biological Resources"and "Hazards and Hazardous Substances",all other mitigation measures within the prior certified MND,which are not being revised through this Subsequent MND are sufficientforthe Driving Range and remain applicable to the revised project. CONCLUSION The proposed revisions to the existing mitigation measures are relatively minor and they do not adversely effect the original approval of the Driving Range through Revision "W".As such,Staff is recommending that the City Council adopt the attached Resolution certifying the SMND and approving Revision "00". Revision "QQ"-Trump National Golf Club May 29,2012 Page 9 of 11 review letter by Kip Schulties Golf Design.Inc ..dated March 24,2012 ..Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. an area as described in the revim'i letter by Kip Schulties Golf Design.Inc..dated March 24,2012 ..If a landscape hedge is used in lieu of or in combination with a fence, then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessarY density.Further.any landscape hedge.fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge.fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. CEOA section 15073.5 and 15074.1 allow the substitution of mitigation measures in a proposed MND without re-circulating the MND (or in this case SMND)if the mitigation measures are replaced with equal or more effective measures and the change will not cause any potential significant effect on the environment.Staff consulted with the City's Golf Safety Consultant for this project who confirmed that provided a substituted hedge is of sufficient density upon planting and maintained as such,it would be equivalent to the original 2005 Revision "w" mitigation that required a 6'high retaining wall with 6'high fence atop.To ensure that if not planted to sufficient density to keep a golf ball from reaching the trail,the mitigation measure has been revised to have the Applicant provide an alternative such as adding mesh fencing to the hedge until the density is achieved.Additionally,to ensure that a proposed hedge does not hinder views,the mitigation measure has been revised to ensure that the hedge,fence or combination thereof would not be higher than the southerly berm.Therefore,since the revised mitigation measure recently proposed by the Trump Organization is equivalent to both the mitigation measure that was released with the public notice and the original mitigation measure, and there will be no additional significant effects on the environment,the proposed change meets the requirements of CEOA for not requiring re-circulation of the SMND and thus the mitigation measure can be revised as proposed by the Trump Organization. It should be noted that since the only affect to the 2005 Driving Range project (Revision "W")is upon the mitigation measures in the topic areas of "Biological Resources"and "Hazards and Hazardous Substances",all other mitigation measures within the prior certified MND,which are not being revised through this Subsequent MND are sufficientforthe Driving Range and remain applicable to the revised project. CONCLUSION The proposed revisions to the existing mitigation measures are relatively minor and they do not adversely effect the original approval of the Driving Range through Revision "W".As such,Staff is recommending that the City Council adopt the attached Resolution certifying the SMND and approving Revision "00". 1-9 Revision "00"-Trump National Golf Club May 29,2012 Page 10 of 11 ADDITIONAL INFORMATION City Council Members within 500'Radius of the Subject Property Staff has confirmed that Councilman Duhovic resides within a 500'radius of the Trump National project site.Staff also believes that Councilman Duhovic has a view of the Driving Range from his property.Based upon advice from the City Attorney and the FPPC,Councilman Duhovic has abstained from prior decisions regarding this Project and likewise should abstain from participating in the Council's decision regarding this application. Coastal Commission Review When the Trump National project (then known as Ocean Trails)was initially approved by the City in the early 1990's,it was appealed to the California Coastal Commission.The Coastal Commission subsequently issued a Coastal Permit for the original project along with conditions of approv~1 that are enforced separately by the Coastal Commission. The City's 2005 approval of Revision uW"has not yet been reviewed by the Coastal Commission.Part of the reason was the Coastal Commission waiting for the City to act upon the Applicant's proposed revisions to the Driving Range (Revision uQQ").The Applicant has submitted an application revision to the Coastal Commission for the Driving Range along with the Flag Pole,which was previously approved by the City in March 2007.Once the Council acts upon Revision uQQ"at tonight's meeting,the Applicant may then continue with the processing of a revision to the Coastal Permit to address the Driving Range and Flag Pole. Public Notice A Notice of Public Hearing for this request was published in the Peninsula News on Thursday, March 29,2012,mailed to all property owners within a 500'rc;3dius of the subject site and to the Trump National interested parties list,and published on the City's list serve system.At the time this report was prepared,Staff has not received any comments on the proposed project. Lawsuit filed by the Trump Organization VH Property Corp.,which is the owner of the subject project,and VHPS LLC,entities owned or controlled by Mr.Donald Trump,filed a 13-count lawsuit against the City in the Los Angeles Superior Court.On January 13,2009,the City was also served.The lawsuit alleges inverse condemnation and related claims based on alleged abuses and delays of development of the golf course and residential project,which supposedly have frustrated or interfered with the owner's development plans. On January 11,2011,the Superior Court denied plaintiff's petition for writ of mandate,and plaintiff filed a writ to the Court of Appeal to challenge that decision.The Court of Appeal subsequently denied the writ.Since other causes of action against the City have not yet been adjudicated by the Superior Court,and other claims still are pending in the United States District Court,the lawsuit continues. ALTERNATIVES In addition to Staff's recommendation,the Council could consider the following alternatives: Revision "00"-Trump National Golf Club May 29,2012 Page 10 of 11 ADDITIONAL INFORMATION City Council Members within 500'Radius of the Subject Property Staff has confirmed that Councilman Duhovic resides within a 500'radius of the Trump National project site.Staff also believes that Councilman Duhovic has a view of the Driving Range from his property.Based upon advice from the City Attorney and the FPPC,Councilman Duhovic has abstained from prior decisions regarding this Project and likewise should abstain from participating in the Council's decision regarding this application. Coastal Commission Review When the Trump National project (then known as Ocean Trails)was initially approved by the City in the early 1990's,it was appealed to the California Coastal Commission.The Coastal Commission subsequently issued a Coastal Permit for the original project along with conditions of approv~1 that are enforced separately by the Coastal Commission. The City's 2005 approval of Revision uW"has not yet been reviewed by the Coastal Commission.Part of the reason was the Coastal Commission waiting for the City to act upon the Applicant's proposed revisions to the Driving Range (Revision uQQ").The Applicant has submitted an application revision to the Coastal Commission for the Driving Range along with the Flag Pole,which was previously approved by the City in March 2007.Once the Council acts upon Revision uQQ"at tonight's meeting,the Applicant may then continue with the processing of a revision to the Coastal Permit to address the Driving Range and Flag Pole. Public Notice A Notice of Public Hearing for this request was published in the Peninsula News on Thursday, March 29,2012,mailed to all property owners within a 500'rc;3dius of the subject site and to the Trump National interested parties list,and published on the City's list serve system.At the time this report was prepared,Staff has not received any comments on the proposed project. Lawsuit filed by the Trump Organization VH Property Corp.,which is the owner of the subject project,and VHPS LLC,entities owned or controlled by Mr.Donald Trump,filed a 13-count lawsuit against the City in the Los Angeles Superior Court.On January 13,2009,the City was also served.The lawsuit alleges inverse condemnation and related claims based on alleged abuses and delays of development of the golf course and residential project,which supposedly have frustrated or interfered with the owner's development plans. On January 11,2011,the Superior Court denied plaintiff's petition for writ of mandate,and plaintiff filed a writ to the Court of Appeal to challenge that decision.The Court of Appeal subsequently denied the writ.Since other causes of action against the City have not yet been adjudicated by the Superior Court,and other claims still are pending in the United States District Court,the lawsuit continues. ALTERNATIVES In addition to Staff's recommendation,the Council could consider the following alternatives: 1-10 Revision "QQ"-Trump National Golf Club May 29,2012 Page 11 of 11 1.Deny the Applicant's request and continue the item to the next Council meeting so that Staff can prepare a Resolution for the Council's consideration. 2.Identify concerns to the Applicant and continue the public hearing to a date certain to allow the Applicant additional time to address the Council's concerns. FISCAL IMPACT There are no Fiscal Impacts to the City as a result of this decision. ATTACHMENTS: Resolution No.2012-_,certifying the Subsequent MND and approving Revision "QQ" Initial Study Photos sh,owing view from Mr.Zeit's Residence Revision "QQ"-Trump National Golf Club May 29,2012 Page 11 of 11 1.Deny the Applicant's request and continue the item to the next Council meeting so that Staff can prepare a Resolution for the Council's consideration. 2.Identify concerns to the Applicant and continue the public hearing to a date certain to allow the Applicant additional time to address the Council's concerns. FISCAL IMPACT There are no Fiscal Impacts to the City as a result of this decision. ATTACHMENTS: Resolution No.2012-_,certifying the Subsequent MND and approving Revision "QQ" Initial Study Photos sh,owing view from Mr.Zeit's Residence 1-11 RESOLUTION NO.2012· A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING ASUBSEQUENT MITIGATED NEGATIVE DECLARATION AND APPROVING REVISION "QQ"FOR A REVISION TO THE DRIVING RANGE LOCATED AT THE TRUMP NATIONAL GOLF COURSE 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 rel.ated 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 (AEIR)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,in connection with Vesting Tentative Tract Map Nos. 50666 and 50667,Tentative Parcel Map Nos.20970 and 23004,Conditional Use Permit Nos.162 and 163, Coastal Permit No.103,and Grading Permit No.1541 for an 83 lot Residential Planned Development,pUblic open space,and an 18 hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal Subregions 7 and 8;and, WHEREAS,on December 7,1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No.92-115 approving an Addendum to Environmental Impact Report No.36,in connection with approving Revisions to the Ocean Trails project applications described above,in order to address concerns expressed by the California Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation;and, WHEREAS,on October 5,1993,the City Council of the City of Rancho Palos Verdes adopted Resolution No.93-89 approving a second Addendum to Environmental Impact Report No.36,in connection with re-approval of the Ocean Trails project applications described above,in order to comply with a Court mandate to provide affordable housing in conjunction with the project,pursuant to Government Code Section 65590;and, RESOLUTION NO.2012· A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING ASUBSEQUENT MITIGATED NEGATIVE DECLARATION AND APPROVING REVISION "QQ"FOR A REVISION TO THE DRIVING RANGE LOCATED AT THE TRUMP NATIONAL GOLF COURSE 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 rel.ated 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 (AEIR)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,in connection with Vesting Tentative Tract Map Nos. 50666 and 50667,Tentative Parcel Map Nos.20970 and 23004,Conditional Use Permit Nos.162 and 163, Coastal Permit No.103,and Grading Permit No.1541 for an 83 lot Residential Planned Development,pUblic open space,and an 18 hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal Subregions 7 and 8;and, WHEREAS,on December 7,1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No.92-115 approving an Addendum to Environmental Impact Report No.36,in connection with approving Revisions to the Ocean Trails project applications described above,in order to address concerns expressed by the California Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation;and, WHEREAS,on October 5,1993,the City Council of the City of Rancho Palos Verdes adopted Resolution No.93-89 approving a second Addendum to Environmental Impact Report No.36,in connection with re-approval of the Ocean Trails project applications described above,in order to comply with a Court mandate to provide affordable housing in conjunction with the project,pursuant to Government Code Section 65590;and, 1-12 WHEREAS,on September 6,1994,the City Council of the City of Rancho Palos Verdes adopted Resolution No.94-71 approving a third Addendum to Environmental Impact Report No.36,in connection with approval of Revision "A"to the Ocean Trails project applications described above,in order to incorporate changes to the project made by the California Coastal Commission in April 1993,and (based on additional geologic information)relocate the golf course clubhouse,reduce the number of single family lots from 83 to 75 and approve a location for the golf course maintenance facility and on-site affordable housing units;and, WHEREAS,on March 11,1996,the City Council of the City of Rancho Palos Verdes adopted Resolution No.96-15 approving the fourth Addendum to Environmental Impact Report No.36,in connection with approval of Revision "B"to the Ocean Trails project applications described above,in order to incorporate changes to the project made by the California Coastal Commission in January 1995 regarding the relocation of the golf course clubhouse,Pas eo Del Mar roadway and public trails to accommodate a reconfiguration of the public parking facilities,as well as additional modifications to the public trails in order to provide clarification or to be consistent with the California Coastal Commission's approval and to include an 8.5 acre vacant property owned by the Palos Verdes Peninsula Unified School District into the golf course. WHEREAS,on September 3,1996,the City Council of the City of Rancho Palos Verdes adopted Resolution No.96-72 approving the fifth Addendum to Environmental Impact Report No.36,in connection with approval of Revision "C"to the Ocean Trails project applications described above,in order to relocate two single family residential lots in Vesting Tentative Tract Map No.50667 from the end of Street "A"to the end of Street "C,"revise the boundaries of open space Lots B,C,G and H,convert the split-level lots in Vesting Tentative Tract Map No.50667 to single-level lots,revise the golf course layout,revise the public trail system, combine parallel trail easements,construct a paved fire access road west of the Ocean Terraces Condominiums and modify several amendments to the Conditions of Approval and Mitigation Measures to change the required timing for compliance;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. 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. 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 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.35 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 residential lot be delayed until prior to issuance of certificate of occupancy;4),delay the construction of two trails within VTTM 50666 from the Resolution No.2012-_ Page 2 of 11 WHEREAS,on September 6,1994,the City Council of the City of Rancho Palos Verdes adopted Resolution No.94-71 approving a third Addendum to Environmental Impact Report No.36,in connection with approval of Revision "A"to the Ocean Trails project applications described above,in order to incorporate changes to the project made by the California Coastal Commission in April 1993,and (based on additional geologic information)relocate the golf course clubhouse,reduce the number of single family lots from 83 to 75 and approve a location for the golf course maintenance facility and on-site affordable housing units;and, WHEREAS,on March 11,1996,the City Council of the City of Rancho Palos Verdes adopted Resolution No.96-15 approving the fourth Addendum to Environmental Impact Report No.36,in connection with approval of Revision "B"to the Ocean Trails project applications described above,in order to incorporate changes to the project made by the California Coastal Commission in January 1995 regarding the relocation of the golf course clubhouse,Pas eo Del Mar roadway and public trails to accommodate a reconfiguration of the public parking facilities,as well as additional modifications to the public trails in order to provide clarification or to be consistent with the California Coastal Commission's approval and to include an 8.5 acre vacant property owned by the Palos Verdes Peninsula Unified School District into the golf course. WHEREAS,on September 3,1996,the City Council of the City of Rancho Palos Verdes adopted Resolution No.96-72 approving the fifth Addendum to Environmental Impact Report No.36,in connection with approval of Revision "C"to the Ocean Trails project applications described above,in order to relocate two single family residential lots in Vesting Tentative Tract Map No.50667 from the end of Street "A"to the end of Street "C,"revise the boundaries of open space Lots B,C,G and H,convert the split-level lots in Vesting Tentative Tract Map No.50667 to single-level lots,revise the golf course layout,revise the public trail system, combine parallel trail easements,construct a paved fire access road west of the Ocean Terraces Condominiums and modify several amendments to the Conditions of Approval and Mitigation Measures to change the required timing for compliance;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. 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. 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 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.35 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 residential lot be delayed until prior to issuance of certificate of occupancy;4),delay the construction of two trails within VTTM 50666 from the Resolution No.2012-_ Page 2 of 11 1-13 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 uK"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 ul"to the Ocean Trails project,for the repair of landslide C at Ocean Trails;and, WMEREAS,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 exi$ting on-site canyons.Revision UN"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 February 20,2001,the City Council of the City of Rancho Palos Verdes approved Revision Q to the Ocean Trails Project,thereby approving an amendment which allows Ocean Trails to re- construct (instead of re-pave)la Rotonda Drive from Palos Verdes South to the end of la Rotonda Drive,in lieu of re-paving Palos Verdes Drive South from la Rotonda Drive to the eastern City limits;and, WHEREAS,on September 21,2001,the City Council of the City of Rancho Palos Verdes approved Revision "R"to the Ocean Trails project to revise the Conditions of Approval for VTTM No.50666 and VTTM No.50667,so as to adjust Condition 1-3 allowing an extension to completing the reconstruction of la Rotonda Drive from Palos Verdes Drive South to its end;and, WHEREAS,on March 4,2003,the City Council of the City of Rancho Palos Verdes approved Amendment NO.2 to the Ocean Trails Development Agreement to clarify that the City Council may extend any approved tentative tract not to exceed the term of the Development Agreement and extend Vesting Tentative Tract Map No.50666;and, WHEREAS,on June 7,2005,the City Council of the City of Rancho Palos Verdes adopted a Mitigated Negative Declaration and 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.2012-_ Page 3 of 11 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 uK"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 ul"to the Ocean Trails project,for the repair of landslide C at Ocean Trails;and, WMEREAS,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 exi$ting on-site canyons.Revision UN"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 February 20,2001,the City Council of the City of Rancho Palos Verdes approved Revision Q to the Ocean Trails Project,thereby approving an amendment which allows Ocean Trails to re- construct (instead of re-pave)la Rotonda Drive from Palos Verdes South to the end of la Rotonda Drive,in lieu of re-paving Palos Verdes Drive South from la Rotonda Drive to the eastern City limits;and, WHEREAS,on September 21,2001,the City Council of the City of Rancho Palos Verdes approved Revision "R"to the Ocean Trails project to revise the Conditions of Approval for VTTM No.50666 and VTTM No.50667,so as to adjust Condition 1-3 allowing an extension to completing the reconstruction of la Rotonda Drive from Palos Verdes Drive South to its end;and, WHEREAS,on March 4,2003,the City Council of the City of Rancho Palos Verdes approved Amendment NO.2 to the Ocean Trails Development Agreement to clarify that the City Council may extend any approved tentative tract not to exceed the term of the Development Agreement and extend Vesting Tentative Tract Map No.50666;and, WHEREAS,on June 7,2005,the City Council of the City of Rancho Palos Verdes adopted a Mitigated Negative Declaration and 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.2012-_ Page 3 of 11 1-14 WHEREAS,on November 20,2007,the City Council of the City of Rancho Palos Verdes approved Amendment NO.3 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from November 20,2007 through March 9, 2008;and, WHEREAS,on December 18,2007,the City Council denied Revision "GG"to Conditional Use Permit No.163,thereby denying a 12'high ficus hedge located at the western edge of the existing Driving Range; and, WHEREAS,on March 4,2008,the City Council of the City of Rancho Palos Verdes approved Amendment NO.4 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from March 9,2008 through JUly 18,2008; and, WHEREAS,on July 15,2008,the City Council of the City of Rancho Palos Verdes approved Amendment NO.5 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from July 18,2008 through October 22,2008; and, WHEREAS,on October 21,2008,the City Council of the City of Rancho Palos Verdes approved Amendment NO.6 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from October 22,2008 through January 22, 2008;and, WHEREAS,on January 21,2009,the City Council of the City of Rancho Palos Verdes approved Revision "RR"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from January 22,2009 through July 22,2009,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through July 22,2009;and, WHEREAS,on July 21,2009,the City Council,via Minute Order,approved a two month extension (Revision "SS")of the Development Agreement,Vesting Tentative Tract Map No.50666 and the temporary use of the Driving Range at the request of the Applicant in order to accommodate the Applicant's schedule and availability to attend the Council meeting.Said two month extension was granted to September 16,2009. As part of that action,the Council also continued the item/public hearing on Revision "SS"to September 15, 2009;and WHEREAS,on September 15,2009,the City Council of the City of Rancho Palos Verdes approved Revision "SS"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from September 16,2009 through March 17,2010,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through March 17,2010;and, WHEREAS,on March 16,2010,the City Council of the City of Rancho Palos Verdes approved Revision "UU"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from March 16,2010 through September 21,2010,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through September 21,2010;and, WHEREAS,on September 21,2010,the City Council of the City of Rancho Palos Verdes approved Revision "V V"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from September 21,2010 through March 21, 2011,and revised Grading Permit No.1541 to allow an additional temporary opening of the driVing range to the public through March 21,2011;and, Resolution No.2012-_ Page 4 of 11 WHEREAS,on November 20,2007,the City Council of the City of Rancho Palos Verdes approved Amendment NO.3 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from November 20,2007 through March 9, 2008;and, WHEREAS,on December 18,2007,the City Council denied Revision "GG"to Conditional Use Permit No.163,thereby denying a 12'high ficus hedge located at the western edge of the existing Driving Range; and, WHEREAS,on March 4,2008,the City Council of the City of Rancho Palos Verdes approved Amendment NO.4 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from March 9,2008 through JUly 18,2008; and, WHEREAS,on July 15,2008,the City Council of the City of Rancho Palos Verdes approved Amendment NO.5 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from July 18,2008 through October 22,2008; and, WHEREAS,on October 21,2008,the City Council of the City of Rancho Palos Verdes approved Amendment NO.6 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from October 22,2008 through January 22, 2008;and, WHEREAS,on January 21,2009,the City Council of the City of Rancho Palos Verdes approved Revision "RR"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from January 22,2009 through July 22,2009,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through July 22,2009;and, WHEREAS,on July 21,2009,the City Council,via Minute Order,approved a two month extension (Revision "SS")of the Development Agreement,Vesting Tentative Tract Map No.50666 and the temporary use of the Driving Range at the request of the Applicant in order to accommodate the Applicant's schedule and availability to attend the Council meeting.Said two month extension was granted to September 16,2009. As part of that action,the Council also continued the item/public hearing on Revision "SS"to September 15, 2009;and WHEREAS,on September 15,2009,the City Council of the City of Rancho Palos Verdes approved Revision "SS"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from September 16,2009 through March 17,2010,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through March 17,2010;and, WHEREAS,on March 16,2010,the City Council of the City of Rancho Palos Verdes approved Revision "UU"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from March 16,2010 through September 21,2010,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through September 21,2010;and, WHEREAS,on September 21,2010,the City Council of the City of Rancho Palos Verdes approved Revision "V V"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from September 21,2010 through March 21, 2011,and revised Grading Permit No.1541 to allow an additional temporary opening of the driVing range to the public through March 21,2011;and, Resolution No.2012-_ Page 4 of 11 1-15 WHEREAS,on March 15,2011,the City Council of the City of Rancho Palos Verdes approved Revision "W W"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from March 21,2011 through September 21, 2011,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through September 21,2011;and, WHEREAS,on July 19,2011,the City Council denied Revision "TT'to Conditional Use Permit No. 163,thereby denying two proposed varying height ficus hedges located at the western edge of the existing Driving Range;and, WHEREAS,on January 31,2012,the City Council adopted Addendum #1 to the Mitigated Negative Declaration for the Driving Range and approved Revision "zz"to the Trump National Golf Club project to revise the conditions of approval found within CUP No.163,so as to allow one hedge row ranging in height from 6'-0"to 9'-8"and composed of the New Zealand Christmas Tree species to be planted on the western edge of the existing Driving Range;and, WHEREAS,VH Property Corp.,submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "QQ"to the Trump National Golf Club project to revise mitigation measures H- 1,H-2,8-2 and 8-4,which were adopted within the certified Mitigated Negative Declaration for the Driving Range,so as to:replace the approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm with a fence,hedge or combination thereof (Mitigation Measure H- 1);remove the operational aspects governing the Driving Range (Mitigation Measure H-2);and to change the timing of the installation of 0.60 acres of Coastal Sage Scrub (Mitigation Measures 8-2 and 8-4);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),the City of Rancho Palos Verdes prepared an Initial Study and determined that,there is no substantial evidence that the approval of Revision "QQ"would result in a significant adverse effect on the environment.Accordingly,a Draft Subsequent Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law;and, WHEREAS,the Initial Study was prepared on March 26,2012 and distributed for circulation and review from March 29,2012 through April 27,2012;and, WHEREAS,copies of the draft Subsequent Mitigated Negative Declaration were distributed to the City Council,and prior to taking action on the proposed Revision "QQ",the City Council independently reviewed, considered the Subsequent Mitigated Negative Declaration/lnitial Study and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines,with respect thereto;and, WHERAS,on March 29,2012 a notice was duly published in the Peninsula News and mailed to property owners within a 500'radius of the Trump National Golf Club site identifying a public hearing to be held on May 1,2012 by the City Council to consider proposed revisions to the Driving Range through Revision "QQ".After the public notice was provided,on April 23,2012,the City received a request from the Trump Organization requesting that the Public Hearing for Revision "QQ"be continued to a subsequent meeting due to a scheduling conflict with a key representative of the Trump Organization.As such,on May 1,2012,the City Council continued the Public Hearing to their May 29,2012 adjourned meeting;and, WHEREAS,after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines,the City Council of the City of Rancho Palos Verdes held a public hearing on May 29, 2012,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 HERE8Y FIND,DETERMINE,AND RESOLVE AS FOLLOWS: Section 1:The Applicant's request for Revision "QQ"includes a request to revise mitigation measures Resolution No.2012-_ Page 5 of 11 WHEREAS,on March 15,2011,the City Council of the City of Rancho Palos Verdes approved Revision "W W"to the Trump National Golf Club project,which extended the life of the Development Agreement and existing Vesting Tentative Tract Map No.50666 from March 21,2011 through September 21, 2011,and revised Grading Permit No.1541 to allow an additional temporary opening of the driving range to the public through September 21,2011;and, WHEREAS,on July 19,2011,the City Council denied Revision "TT'to Conditional Use Permit No. 163,thereby denying two proposed varying height ficus hedges located at the western edge of the existing Driving Range;and, WHEREAS,on January 31,2012,the City Council adopted Addendum #1 to the Mitigated Negative Declaration for the Driving Range and approved Revision "zz"to the Trump National Golf Club project to revise the conditions of approval found within CUP No.163,so as to allow one hedge row ranging in height from 6'-0"to 9'-8"and composed of the New Zealand Christmas Tree species to be planted on the western edge of the existing Driving Range;and, WHEREAS,VH Property Corp.,submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "QQ"to the Trump National Golf Club project to revise mitigation measures H- 1,H-2,8-2 and 8-4,which were adopted within the certified Mitigated Negative Declaration for the Driving Range,so as to:replace the approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm with a fence,hedge or combination thereof (Mitigation Measure H- 1);remove the operational aspects governing the Driving Range (Mitigation Measure H-2);and to change the timing of the installation of 0.60 acres of Coastal Sage Scrub (Mitigation Measures 8-2 and 8-4);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),the City of Rancho Palos Verdes prepared an Initial Study and determined that,there is no substantial evidence that the approval of Revision "QQ"would result in a significant adverse effect on the environment.Accordingly,a Draft Subsequent Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law;and, WHEREAS,the Initial Study was prepared on March 26,2012 and distributed for circulation and review from March 29,2012 through April 27,2012;and, WHEREAS,copies of the draft Subsequent Mitigated Negative Declaration were distributed to the City Council,and prior to taking action on the proposed Revision "QQ",the City Council independently reviewed, considered the Subsequent Mitigated Negative Declaration/lnitial Study and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines,with respect thereto;and, WHERAS,on March 29,2012 a notice was duly published in the Peninsula News and mailed to property owners within a 500'radius of the Trump National Golf Club site identifying a public hearing to be held on May 1,2012 by the City Council to consider proposed revisions to the Driving Range through Revision "QQ".After the public notice was provided,on April 23,2012,the City received a request from the Trump Organization requesting that the Public Hearing for Revision "QQ"be continued to a subsequent meeting due to a scheduling conflict with a key representative of the Trump Organization.As such,on May 1,2012,the City Council continued the Public Hearing to their May 29,2012 adjourned meeting;and, WHEREAS,after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines,the City Council of the City of Rancho Palos Verdes held a public hearing on May 29, 2012,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 HERE8Y FIND,DETERMINE,AND RESOLVE AS FOLLOWS: Section 1:The Applicant's request for Revision "QQ"includes a request to revise mitigation measures Resolution No.2012-_ Page 5 of 11 1-16 H-1,H-2,B-2 and B-4,which were adopted within the certified Mitigated Negative Declaration for the Driving Range,so as to:replace the approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm with a fence,hedge or combination thereof (Mitigation Measure H- 1);remove the operational aspects governing the Driving Range (Mitigation Measure H-2);and to change the timing of the installation of 0.60 acres of Coastal Sage Scrub (Mitigation Measures B-2 and B-4).Specifically, the changes proposed to the existing Mitigation Measures are as follows: B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of certificate ef eooupanoy fer the driving range and prier te issuanoe of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. Monitoring and Reporting Action Milestone Revegetate habitat prior to issuanoe of Certifioate of oooupanoy and prior to issuance of building permits for any homes in VTIM50666 8-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666.t:r:he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. Monitoring and RElPorting Action MilElstonEl Prior to issuance of buildin ermits for an homes in VTTM50666 H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ooean +rails Driving Range/Lot Layout Proposed Amendment Tentative Traot No.§Q€l€l€l",dated February 2, ~§.ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof.to protect trail users along the trall located on the ocean side and adjacent to the southerly·berm of the driving range.and.a 6'high decorative fence shall be installed along the southerly portion ofthe western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails.If a landscape hedge is used in lieu of or in combination with a fence.then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density.Further.any landscape hedge,fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge,fence or combination thereof will not be higher than the ridge elevation of the southerlv berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. Monitoring and Reporting Action Milestone Prior to issuance of Certificate of Occupancy H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers '....i11 be restrioted to using certain golf clubs depending upon whioh tee area they are hitting from based upon the "Golf Shot Plan".Speoifioally,Seotion "A"of the golf tees will be used fer shots traveling up to 14 Q yards,Seotion "B"will be used fer shots traveling between 14 Q yards and 21 §yards,and Seotion "C"will be used fer shots traveling over 21 §yards (see Exhibit C). •Signs will be posted in Seotions "A","B"and "c"noting distanoes authorized to hit from eaoh tee seotion. •An on site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Resolution No.2012-_ Page 6 of 11 H-1,H-2,B-2 and B-4,which were adopted within the certified Mitigated Negative Declaration for the Driving Range,so as to:replace the approved retaining wall along an existing trail located parallel to and on the ocean side of the Driving Range's southerly berm with a fence,hedge or combination thereof (Mitigation Measure H- 1);remove the operational aspects governing the Driving Range (Mitigation Measure H-2);and to change the timing of the installation of 0.60 acres of Coastal Sage Scrub (Mitigation Measures B-2 and B-4).Specifically, the changes proposed to the existing Mitigation Measures are as follows: B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of certificate ef eooupanoy fer the driving range and prier te issuanoe of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. Monitoring and Reporting Action Milestone Revegetate habitat prior to issuanoe of Certifioate of oooupanoy and prior to issuance of building permits for any homes in VTIM50666 8-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666.t:r:he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. Monitoring and RElPorting Action MilElstonEl Prior to issuance of buildin ermits for an homes in VTTM50666 H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ooean +rails Driving Range/Lot Layout Proposed Amendment Tentative Traot No.§Q€l€l€l",dated February 2, ~§.ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof.to protect trail users along the trall located on the ocean side and adjacent to the southerly·berm of the driving range.and.a 6'high decorative fence shall be installed along the southerly portion ofthe western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails.If a landscape hedge is used in lieu of or in combination with a fence.then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density.Further.any landscape hedge,fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge,fence or combination thereof will not be higher than the ridge elevation of the southerlv berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. Monitoring and Reporting Action Milestone Prior to issuance of Certificate of Occupancy H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers '....i11 be restrioted to using certain golf clubs depending upon whioh tee area they are hitting from based upon the "Golf Shot Plan".Speoifioally,Seotion "A"of the golf tees will be used fer shots traveling up to 14 Q yards,Seotion "B"will be used fer shots traveling between 14 Q yards and 21 §yards,and Seotion "C"will be used fer shots traveling over 21 §yards (see Exhibit C). •Signs will be posted in Seotions "A","B"and "c"noting distanoes authorized to hit from eaoh tee seotion. •An on site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Resolution No.2012-_ Page 6 of 11 1-17 Section 2:As required by Section 15162(b)of the California Environmental Quality Act (CEQA),while there are no significant impacts associated with the proposed revisions that cannot be mitigated,since there are proposed revisions to the previously certified Mitigated Negative Declaration (MND)for the Driving Range (Revision "W"),namely proposed revisions to the four mitigation measures as discussed in Section 1 above, those revisions warrant public review and as such a Subsequent MND (SMND)is the most appropriate way to document said changes and allow for public input consistent with CEQA policies. Section 3:As required by CEQA,the Initial Study and notice of the proposed SMND were released for public comment for a period of 30 days (from March 29,2012 through April 27,2012).The Initial Study that was released for public review included the "Draft"revised Mitigation Measures as originally requested by the Applicant.However,during the public comment period,the City received a request from the Applicant to revise Mitigation Measure H-1 to allow the possibility of having a landscape hedge be installed in conjunction with or in lieu of a fence parallel to and on the ocean side of the southerly berm as the Applicant felt that a landscape hedge may be more aesthetically pleasing.The table below describes Mitigation Measure H-1 as it was included in the Initial Study that was released for public review,and the proposed revision requested by the Applicant (strikethrough and underline text represent changes to the original 2005 Revision "W"mitigation measure). H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, ~§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range.and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area and design as described in the review letter by Kip Schulties Golf Design.Inc.,dated March 24,2012 ..Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, ~§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof,to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area as described in the rovie ..."letter by Kip Schulties Golf Design.Inc.,dated March 24,2012 .. If a landscape hedge is used in lieu of or in combination with a fence.then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density. Further,any landscape hedge.fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge. fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. CEQA sections 15073.5 and 15074.1 allow the substitution of mitigation measures in a proposed MND [or in this case Subsequent MND (SMND)]without re-circulating the SMND if the mitigation measures are replaced with equal or more effective measures and the change will not cause any potential significant effect on the environment.The City's Golf Safety Consultant for this project confirmed that provided a substituted hedge is Resolution No.2012- Page 7 of 11 Section 2:As required by Section 15162(b)of the California Environmental Quality Act (CEQA),while there are no significant impacts associated with the proposed revisions that cannot be mitigated,since there are proposed revisions to the previously certified Mitigated Negative Declaration (MND)for the Driving Range (Revision "W"),namely proposed revisions to the four mitigation measures as discussed in Section 1 above, those revisions warrant public review and as such a Subsequent MND (SMND)is the most appropriate way to document said changes and allow for public input consistent with CEQA policies. Section 3:As required by CEQA,the Initial Study and notice of the proposed SMND were released for public comment for a period of 30 days (from March 29,2012 through April 27,2012).The Initial Study that was released for public review included the "Draft"revised Mitigation Measures as originally requested by the Applicant.However,during the public comment period,the City received a request from the Applicant to revise Mitigation Measure H-1 to allow the possibility of having a landscape hedge be installed in conjunction with or in lieu of a fence parallel to and on the ocean side of the southerly berm as the Applicant felt that a landscape hedge may be more aesthetically pleasing.The table below describes Mitigation Measure H-1 as it was included in the Initial Study that was released for public review,and the proposed revision requested by the Applicant (strikethrough and underline text represent changes to the original 2005 Revision "W"mitigation measure). H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, ~§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range.and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area and design as described in the review letter by Kip Schulties Golf Design.Inc.,dated March 24,2012 ..Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2, ~§ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include a 12'high fence and/or landscape hedge and/or combination thereof,to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area as described in the rovie ..."letter by Kip Schulties Golf Design.Inc.,dated March 24,2012 .. If a landscape hedge is used in lieu of or in combination with a fence.then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density. Further,any landscape hedge.fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures that the proposed hedge. fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. CEQA sections 15073.5 and 15074.1 allow the substitution of mitigation measures in a proposed MND [or in this case Subsequent MND (SMND)]without re-circulating the SMND if the mitigation measures are replaced with equal or more effective measures and the change will not cause any potential significant effect on the environment.The City's Golf Safety Consultant for this project confirmed that provided a substituted hedge is Resolution No.2012- Page 7 of 11 1-18 of sufficient density upon planting and maintained as such,it would be equivalent to the original 2005 Revision "W"mitigation that required a 6'high retaining wall with 6'high fence atop and consistent with the "Draft" mitigation measure that was initially released with the Initial Study for public review.To ensure that if not planted to sufficient density to keep a golf ball from reaching the trail,the mitigation measure has been revised to have the Applicant provide an alternative such as adding mesh fencing to the hedge until the density is achieved.Additionally,to ensure that a proposed hedge does not hinder views,the mitigation measure has been revised to ensure that the hedge,fence or combination thereof would not be higher than the southerly berm.Therefore,since the revised mitigation measure recently proposed by the Applicant is equivalent in mitigating or avoiding potential significant effects and that in itself will not cause any potentially significant effect on the environment,the proposed change meets the requirements of CEQA for not requiring re- circulation of the SMND. Section 4:Pursuant to Section 15162 of the State CEQA Guidelines,approval of the Subsequent Mitigated Negative Declaration,rather than the preparation of a subsequent or supplemental EIR,or a new Mitigated Negative Declaration,is appropriate for the consideration of the proposed revision to the Trump National Golf Club,based on the following findings: 1.That subsequent changes proposed to the project do not require important revisions to the previous EIR for the entire Trump National project,or the Mitigated Negative Declaration for the Driving Range, since there are no new significant environmental impacts that have been identified,which were not considered in the previous EIR or Mitigated Negative Declaration.This is evident in the relatively minor changes to the mitigation measures of the prior Mitigated Negative Declaration. Specifically,in regards to the proposed change to Mitigation Measures B-2 and B-4,which in the previously certified MND for Revision "W"for the Driving Range required a total of 0.60 acres of coastal sage scrub to be planted prior to issuance of certificate of occupancy for the Driving Range, the proposed revision to Mitigation Measures B-2 and B-4 is simply to change their respective Monitoring and Reporting Action Milestones so that the required habitat is planted "Prior to issuance of the first building permit for a home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to Certificate of Occupancy"of the Driving Range.The purpose of this request is due to the proposed habitat being planted along the ocean side of the southerly berm of the Driving Range and conflicting with future infrastructure improvements.More specifically,infrastructure (storm drain and sewer lines)serving the future 12 homes located between the Driving Range and Palos Verdes Drive South will run beneath the Driving Range and through the southerly berm to connect to existing infrastructure on the southerly side of the Driving Range.The installation of said infrastructure is directly related to the construction of the future homes.If habitat were planted before the infrastructure was to be installed then it would have to be partially removed when the infrastructure is eventually installed for the homes.So as not to disrupt the newly planted habitat,it makes more sense to tie the installation of the habitat with the future homes than the construction of the Driving Range.Further,since the 2005 approval of Revision "W"for the Driving Range was an amendment to Vesting Tentative Tract Map No.50666,which also included the revision to home sites,the nexus of applying this mitigation measure to the residential development of the tract is sound. Additionally,in regards to the proposed change to Mitigation Measures H-1 and H-2,the change to Mitigation Measure H-1 is simply to provide for an alternative type of fencing that would exclude the Applicant from having to build a 6'high retaining wall,while still ensuring that the same safety protections are given to neighboring uses.Further,in regards to Mitigation Measure H-2,since upon visiting the site after the Driving Range has been in operation,and considering that there have been more than 9,600 users of the Driving Range without incident,the Golf Safety Consultant has confirmed that this mitigation measures may be adjusted and there will still not be a potentially significant adverse hazard impact to public safety. 2.That substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken,which would require important revisions to the previous EIR or Mitigated Negative Declaration for Revision "W",since,as noted in #1 above,there are no new Resolution No.2012-_ Page 8 of 11 of sufficient density upon planting and maintained as such,it would be equivalent to the original 2005 Revision "W"mitigation that required a 6'high retaining wall with 6'high fence atop and consistent with the "Draft" mitigation measure that was initially released with the Initial Study for public review.To ensure that if not planted to sufficient density to keep a golf ball from reaching the trail,the mitigation measure has been revised to have the Applicant provide an alternative such as adding mesh fencing to the hedge until the density is achieved.Additionally,to ensure that a proposed hedge does not hinder views,the mitigation measure has been revised to ensure that the hedge,fence or combination thereof would not be higher than the southerly berm.Therefore,since the revised mitigation measure recently proposed by the Applicant is equivalent in mitigating or avoiding potential significant effects and that in itself will not cause any potentially significant effect on the environment,the proposed change meets the requirements of CEQA for not requiring re- circulation of the SMND. Section 4:Pursuant to Section 15162 of the State CEQA Guidelines,approval of the Subsequent Mitigated Negative Declaration,rather than the preparation of a subsequent or supplemental EIR,or a new Mitigated Negative Declaration,is appropriate for the consideration of the proposed revision to the Trump National Golf Club,based on the following findings: 1.That subsequent changes proposed to the project do not require important revisions to the previous EIR for the entire Trump National project,or the Mitigated Negative Declaration for the Driving Range, since there are no new significant environmental impacts that have been identified,which were not considered in the previous EIR or Mitigated Negative Declaration.This is evident in the relatively minor changes to the mitigation measures of the prior Mitigated Negative Declaration. Specifically,in regards to the proposed change to Mitigation Measures B-2 and B-4,which in the previously certified MND for Revision "W"for the Driving Range required a total of 0.60 acres of coastal sage scrub to be planted prior to issuance of certificate of occupancy for the Driving Range, the proposed revision to Mitigation Measures B-2 and B-4 is simply to change their respective Monitoring and Reporting Action Milestones so that the required habitat is planted "Prior to issuance of the first building permit for a home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to Certificate of Occupancy"of the Driving Range.The purpose of this request is due to the proposed habitat being planted along the ocean side of the southerly berm of the Driving Range and conflicting with future infrastructure improvements.More specifically,infrastructure (storm drain and sewer lines)serving the future 12 homes located between the Driving Range and Palos Verdes Drive South will run beneath the Driving Range and through the southerly berm to connect to existing infrastructure on the southerly side of the Driving Range.The installation of said infrastructure is directly related to the construction of the future homes.If habitat were planted before the infrastructure was to be installed then it would have to be partially removed when the infrastructure is eventually installed for the homes.So as not to disrupt the newly planted habitat,it makes more sense to tie the installation of the habitat with the future homes than the construction of the Driving Range.Further,since the 2005 approval of Revision "W"for the Driving Range was an amendment to Vesting Tentative Tract Map No.50666,which also included the revision to home sites,the nexus of applying this mitigation measure to the residential development of the tract is sound. Additionally,in regards to the proposed change to Mitigation Measures H-1 and H-2,the change to Mitigation Measure H-1 is simply to provide for an alternative type of fencing that would exclude the Applicant from having to build a 6'high retaining wall,while still ensuring that the same safety protections are given to neighboring uses.Further,in regards to Mitigation Measure H-2,since upon visiting the site after the Driving Range has been in operation,and considering that there have been more than 9,600 users of the Driving Range without incident,the Golf Safety Consultant has confirmed that this mitigation measures may be adjusted and there will still not be a potentially significant adverse hazard impact to public safety. 2.That substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken,which would require important revisions to the previous EIR or Mitigated Negative Declaration for Revision "W",since,as noted in #1 above,there are no new Resolution No.2012-_ Page 8 of 11 1-19 significant environmental impacts that were not considered in the previous EIR,Mitigated Negative Declaration for Revision "W",Supplements and previous Addenda thereto. 3.That there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR or Mitigated Negative Declaration;that significant effects previously examined will not be substantially more severe than shown in the EIR or Mitigated Negative Declaration;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 or Mitigated Negative Declaration,would now SUbstantially lessen one or more significant effects of the environment. Section 5:In approving the Subsequent Mitigated Negative Declaration,the City Council has reviewed and considered the Subsequent Mitigated Negative Declaration document/Initial Study. Section 6:The Subsequent MND to the Driving Range MND identifies no new potential significant adverse environmental impacts to the areas listed below,beyond those already identified in the adopted Driving Rar;lge MND,Addendum #1 to the Driving Range MND,or the overall project's Final EIR No.36,the Supplement,Second Supplement,and Addenda Nos.1,2,3,4,5,6,7,8,9,10,11, 12,13,14, 15,16, 17, 18, 19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35, 36, 37, 38,39,40,41,42,43 and 44 to EIR No.36,as a result of the proposed revisions to the Trump National project: 1.Landform,Geology,and Soils 2.Hydrology and Drainage 3.Biological Resources 4.Cultural and Scientific Resources 5.Aesthetics 6.Land Use and Relevant Planning 7.Circulation and Traffic 8.Air Resources 9.Noise 10.Public Services and Utilities 11.Population,Employment and Housing 12.Fiscal Impacts Section 7:That implementation of the proposed changes to the project would not require additional mitigation measures or significant deletions/modifications to the mitigation measures included in the adopted Driving Range MND,Addendum #1 to the Driving Range MND,or the overall project's Final EIR,as well as the Supplemental,Second Supplemental,and Addends Nos.1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16, 17,18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39,40,41,42,43and44to EIR No.36. Section 8:While the implementation of mitigation measures as discussed in the adopted Driving Range MND,Addendum #1 to the Driving Range MND,and Final EIR No.36 and the Supplemental,and the Second Supplemental,and Addenda EIR Nos.1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20, 21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37, 38, 39,40,41,42,43 and 44 to EIR 36 will further reduce these impacts,it is not possible to entirely eliminate cumulative impacts to the areas of concern listed in EIR No.36,above.Therefore,the Findings and Statement of Overriding Considerations,as provided in Final EIR No.36,are hereby incorporated by reference. Section 9:All findings,attachments and Statement of Overriding Considerations contained in Resolution Nos.92-53,92-115,93-89,94-71,96-15,and 2006-62,as adopted by the City Council on June 1, 1992,December 7,1992,October 5,1993,September 6,1994,March 11,1996,September 3,1996,and June 7,2005 respectively,are hereby incorporated by reference. Resolution No.2012- Page 9 of 11 significant environmental impacts that were not considered in the previous EIR,Mitigated Negative Declaration for Revision "W",Supplements and previous Addenda thereto. 3.That there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR or Mitigated Negative Declaration;that significant effects previously examined will not be substantially more severe than shown in the EIR or Mitigated Negative Declaration;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 or Mitigated Negative Declaration,would now SUbstantially lessen one or more significant effects of the environment. Section 5:In approving the Subsequent Mitigated Negative Declaration,the City Council has reviewed and considered the Subsequent Mitigated Negative Declaration document/Initial Study. Section 6:The Subsequent MND to the Driving Range MND identifies no new potential significant adverse environmental impacts to the areas listed below,beyond those already identified in the adopted Driving Rar;lge MND,Addendum #1 to the Driving Range MND,or the overall project's Final EIR No.36,the Supplement,Second Supplement,and Addenda Nos.1,2,3,4,5,6,7,8,9,10,11, 12,13,14, 15,16, 17, 18, 19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35, 36, 37, 38,39,40,41,42,43 and 44 to EIR No.36,as a result of the proposed revisions to the Trump National project: 1.Landform,Geology,and Soils 2.Hydrology and Drainage 3.Biological Resources 4.Cultural and Scientific Resources 5.Aesthetics 6.Land Use and Relevant Planning 7.Circulation and Traffic 8.Air Resources 9.Noise 10.Public Services and Utilities 11.Population,Employment and Housing 12.Fiscal Impacts Section 7:That implementation of the proposed changes to the project would not require additional mitigation measures or significant deletions/modifications to the mitigation measures included in the adopted Driving Range MND,Addendum #1 to the Driving Range MND,or the overall project's Final EIR,as well as the Supplemental,Second Supplemental,and Addends Nos.1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16, 17,18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39,40,41,42,43and44to EIR No.36. Section 8:While the implementation of mitigation measures as discussed in the adopted Driving Range MND,Addendum #1 to the Driving Range MND,and Final EIR No.36 and the Supplemental,and the Second Supplemental,and Addenda EIR Nos.1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20, 21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37, 38, 39,40,41,42,43 and 44 to EIR 36 will further reduce these impacts,it is not possible to entirely eliminate cumulative impacts to the areas of concern listed in EIR No.36,above.Therefore,the Findings and Statement of Overriding Considerations,as provided in Final EIR No.36,are hereby incorporated by reference. Section 9:All findings,attachments and Statement of Overriding Considerations contained in Resolution Nos.92-53,92-115,93-89,94-71,96-15,and 2006-62,as adopted by the City Council on June 1, 1992,December 7,1992,October 5,1993,September 6,1994,March 11,1996,September 3,1996,and June 7,2005 respectively,are hereby incorporated by reference. Resolution No.2012- Page 9 of 11 1-20 Section 10:Since the only affect to the 2005 Driving Range project (Revision "W")is upon the mitigation measures,B-2, B-4,H-1 and H-2 as described in Section 1 above,all other mitigation measures within the prior certified MND,which are not being revised through this Subsequent MND are sufficient for the Driving Range and remain applicable to the revised project.Further,the Mitigation Monitoring Programs contained in Resolution No.96-72,Resolution No.2000-38 and Resolution No.2000-58,as adopted by the City Council on September 3,1996,June 21,2000 and September 5,2000 respectively,have not been revised by this Subsequent Mitigated Negative Declaration and Mitigated Monitoring Program,and thereby in addition to the Mitigation Monitoring Program found in Exhibit A,remain as the Mitigation Monitoring Programs in effect. Section 11:While the proposed project is only to change Mitigation Measures B-2,B-4,H-1 and H-2, and does not involve any changes to existing conditions of approval found in the approved Conditional Use Permit No.162,Conditional Use Permit No.163,Vesting Tentative Tract Map No.50666,and Grading Permit No.1541,all of which were revised when the City Council approved Revision "W",since the proposed project would result in a change to the project adopted through Revision "W",the City Council hereby finds that the proposed revisions are relatively minor,will not cause any grading at the site,the design of Tract 50666 will not be altered by the minor revisions to the mitigation measures,and these minor revisions,as mitigated,will not alter the effect of the project on surrounding properties.Therefore,the findings for the previously approved entitlements through Revision "w"can still be adopted as follows: Conditional Use Permit Nos.162 and 163: 1.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; 2.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; 3.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; 4.That the proposed use is not contrary to the general plan; 5.That,if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts)of this title,the proposed use complies with all applicable requirements of that chapter;and 6.That conditions regarding any of the requirements listed in this paragraph,which the Planning Commission finds to be necessary to protect the health,safety and general welfare,have been imposed:a.Setbacks and buffers;b.Fences or walls;c.Lighting;d.Vehicular ingress and egress;e. Noise,vibration,odors and similar emissions;f.Landscaping;g.Maintenance of structures,grounds or signs;h.Service roads or alleys;and i.Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. Vesting Tentative Tract Map 50666: (a)That the proposed map,and the design or improvement of the proposed subdivision,is consistent with applicable general and specific plans;and (b)That the site is physically suitable for the type and density of development;and (c)That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;and (d)That the design of the subdivision or type of improvements will not cause serious public health problems;and (e)That the design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of,property within the proposed subdivision. Grading Permit 1541: E.1.The grading does not exceed that which is necessary for the permitted primary use of the Resolution No.2012-_ Page 10 of 11 Section 10:Since the only affect to the 2005 Driving Range project (Revision "W")is upon the mitigation measures,B-2, B-4,H-1 and H-2 as described in Section 1 above,all other mitigation measures within the prior certified MND,which are not being revised through this Subsequent MND are sufficient for the Driving Range and remain applicable to the revised project.Further,the Mitigation Monitoring Programs contained in Resolution No.96-72,Resolution No.2000-38 and Resolution No.2000-58,as adopted by the City Council on September 3,1996,June 21,2000 and September 5,2000 respectively,have not been revised by this Subsequent Mitigated Negative Declaration and Mitigated Monitoring Program,and thereby in addition to the Mitigation Monitoring Program found in Exhibit A,remain as the Mitigation Monitoring Programs in effect. Section 11:While the proposed project is only to change Mitigation Measures B-2,B-4,H-1 and H-2, and does not involve any changes to eXisting conditions of approval found in the approved Conditional Use Permit No.162,Conditional Use Permit No.163,Vesting Tentative Tract Map No.50666,and Grading Permit No.1541,all of which were revised when the City Council approved Revision "W",since the proposed project would result in a change to the project adopted through Revision "W",the City Council hereby finds that the proposed revisions are relatively minor,will not cause any grading at the site,the design of Tract 50666 will not be altered by the minor revisions to the mitigation measures,and these minor revisions,as mitigated,will not alter the effect of the project on surrounding properties.Therefore,the findings for the previously approved entitlements through Revision "w"can still be adopted as follows: Conditional Use Permit Nos.162 and 163: 1.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; 2.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; 3.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; 4.That the proposed use is not contrary to the general plan; 5.That,if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts)of this title,the proposed use complies with all applicable requirements of that chapter;and 6.That conditions regarding any of the requirements listed in this paragraph,which the Planning Commission finds to be necessary to protect the health,safety and general welfare,have been imposed:a.Setbacks and buffers;b.Fences or walls;c.Lighting;d.Vehicular ingress and egress;e. Noise,vibration,odors and similar emissions;f.Landscaping;g.Maintenance of structures,grounds or signs;h.Service roads or alleys;and i.Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. Vesting Tentative Tract Map 50666: (a)That the proposed map,and the design or improvement of the proposed subdivision,is consistent with applicable general and specific plans;and (b)That the site is physically suitable for the type and density of development;and (c)That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;and (d)That the design of the subdivision or type of improvements will not cause serious public health problems;and (e)That the design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of,property within the proposed subdivision. Grading Permit 1541: E.1.The grading does not exceed that which is necessary for the permitted primary use of the Resolution No.2012-_ Page 10 of 11 1-21 lot,as defined in Chapter 17.96 of this title. E.2.The grading and/or related construction does not significantly adversely affect the visual relationships with,nor the views from,neighboring properties. E.3.The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. EA.The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. E.5.For new single-family residences,the grading and/or related construction is compatible with the immediate neighborhood character,as defined in Chapter 17.02. E.6.In new residential tracts,the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. E.7.The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. E.8.The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. E.9,The grading conforms to the standards of Section 17.76.040(E)(9). Section 12: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 13:For the foregoing reasons and based on the information and findings contained in the staff reports,minutes,and evidence presented at the public hearings,the City Council of the City of Rancho Palos Verdes hereby certifies a SUbsequent Mitigated Negative Declaration in association with Revision "QQ",based on the City Council's determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local gUidelines with respect thereto. PASSED,APPROVED,and ADOPTED this 29th day of May 2012. Mayor Attest: 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. 2012-_was duly and regularly passed and adopted by the said City Council at a regular meeting held on May 29,2012. City Clerk Resolution No.2012-_ Page 11 of 11 lot,as defined in Chapter 17.96 of this title. E.2.The grading and/or related construction does not significantly adversely affect the visual relationships with,nor the views from,neighboring properties. E.3.The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. EA.The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. E.5.For new single-family residences,the grading and/or related construction is compatible with the immediate neighborhood character,as defined in Chapter 17.02. E.6.In new residential tracts,the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. E.7.The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. E.8.The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. E.9,The grading conforms to the standards of Section 17.76.040(E)(9). Section 12: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 13:For the foregoing reasons and based on the information and findings contained in the staff reports,minutes,and evidence presented at the public hearings,the City Council of the City of Rancho Palos Verdes hereby certifies a SUbsequent Mitigated Negative Declaration in association with Revision "QQ",based on the City Council's determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local gUidelines with respect thereto. PASSED,APPROVED,and ADOPTED this 29th day of May 2012. Mayor Attest: 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. 2012-_was duly and regularly passed and adopted by the said City Council at a regular meeting held on May 29,2012. City Clerk Resolution No.2012-_ Page 11 of 11 1-22 Exhibit A Mitigation Monitoring Program Project: Location: Applicant!: Landowner Revision "QQ"to the Trump National Golf Club for revision to an existing Driving Range. Trump National Golf Club,Rancho Palos Verdes,CA 90275 V.H.Property Corp. TABLE OF CONTENTS I.Introduction 2 II.Management of the Mitigation Monitoring Program 3 Roles and Responsibilities 3 Mitigation and Monitoring Program Procedures 3 Mitigation Monitoring Operations 3 III.Mitigation Monitoring Program Checklist..5 IV.Mitigation Monitoring Summary Table 6 Exhibit A -Page 1 Mitigation Monitoring Program Resolution No.2012- Exhibit A Mitigation Monitoring Program Project: Location: Applicant!: Landowner Revision "QQ"to the Trump National Golf Club for revision to an existing Driving Range. Trump National Golf Club,Rancho Palos Verdes,CA 90275 V.H.Property Corp. TABLE OF CONTENTS I.Introduction 2 II.Management of the Mitigation Monitoring Program 3 Roles and Responsibilities 3 Mitigation and Monitoring Program Procedures 3 Mitigation Monitoring Operations 3 III.Mitigation Monitoring Program Checklist..5 IV.Mitigation Monitoring Summary Table 6 Exhibit A -Page 1 Mitigation Monitoring Program Resolution No.2012- 1-23 PURPOSE I.INTRODUCTION Exhibit A -Page 2 Mitigation Monitoring Program Resolution No.2012-_ PURPOSE I.INTRODUCTION Exhibit A -Page 2 Mitigation Monitoring Program Resolution No.2012-_ 1-24 II.MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design,pre-grading, construction,and operation.The City will have the primary enforcement role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of,filing requirements,and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures.In addition,the Mitigation Monitoring Checklist includes:the implementing action when the mitigation measure will occur;the method of verification of compliance;the timing of verification;the department or agency responsible for implementing the mitigation measures;and compliance verification.Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP.The files shall be established, organized,and retained by the City of Rancho Palos Verdes department of Planning,Building,and Code Enforcement. Compliance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Director of Planning,Building,and Code Enforcement.The compliance verification section of the MMP Checklist shall be signed,for mitigation measures requiring ongoing monitoring,and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation,monitoring,and verification of each mitigation measure: 1.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures. 2.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure,a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3.The party responsible for monitoring shall then verify compliance and sign the Monitoring Milestone column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist.During any project phase, Exhibit A -Page 3 Mitigation Monitoring Program Resolution No.2012- II.MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design,pre-grading, construction,and operation.The City will have the primary enforcement role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of,filing requirements,and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures.In addition,the Mitigation Monitoring Checklist includes:the implementing action when the mitigation measure will occur;the method of verification of compliance;the timing of verification;the department or agency responsible for implementing the mitigation measures;and compliance verification.Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP.The files shall be established, organized,and retained by the City of Rancho Palos Verdes department of Planning,Building,and Code Enforcement. Compliance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Director of Planning,Building,and Code Enforcement.The compliance verification section of the MMP Checklist shall be signed,for mitigation measures requiring ongoing monitoring,and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation,monitoring,and verification of each mitigation measure: 1.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures. 2.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure,a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3.The party responsible for monitoring shall then verify compliance and sign the Monitoring Milestone column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist.During any project phase, Exhibit A -Page 3 Mitigation Monitoring Program Resolution No.2012- 1-25 unanticipated circumstances may arise requiring the refinement or addition of mitigation measures.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement with advice from Staff or another City department,is responsible for recommending changes to the mitigation measures,if needed.If mitigation measures are refined,the Director of Planning,Building,and Code Enforcement would document the change and shall notify the appropriate design,construction,or operations personnel about refined requirements. Exhibit A -Page 4 Mitigation Monitoring Program Resolution No.2012- unanticipated circumstances may arise requiring the refinement or addition of mitigation measures.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement with advice from Staff or another City department,is responsible for recommending changes to the mitigation measures,if needed.If mitigation measures are refined,the Director of Planning,Building,and Code Enforcement would document the change and shall notify the appropriate design,construction,or operations personnel about refined requirements. Exhibit A -Page 4 Mitigation Monitoring Program Resolution No.2012- 1-26 III.MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho Palos Verdes on May 29,2012. Mitigation measures are listed in the order in which they appear in the Initial Study.It should be noted that this MMP represents revisions to the mitigation measures adopted by the City Council on June 7,2005 through Resolution No.2005-62.All mitigation measures identified in Resolution No.2005-62 that are not being revised through this MMP shall remain in effect. * * * Monitoring and Reporting Action indicates when the measure should be monitored and reported. Party Responsible for Mitigation indicates who is responsible for implementation. Enforcement Agency/Monitoring Agency/Monitoring Milestone indicates what agency is responsible for enforcing the measure, and provides space for future reference and notation that compliance has been monitored,verified,and is consistent with these mitigation measures. Mitigation Measures Monitoring and Reporting Party Enforcement Agencyl Action Responsible Monitoring Agencyl for Mitigation Monitoring Milestone 6.Biological Resources Re-vegetate habitat prior to i V.H.Property City PBCE/CDFG/USFW issuance of building permits for Corp.lProject Biologist B-2:Subject to review and approval by the Director of any homes in VTTM50666 Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. B-4:Prior to issuance of any building permits for Re-vegetate habitat prior to i V.H.Property City PBCE residences within Vesting Tentative Tract Map No.issuance of building permits for Corp.lProject Biologist 50666,the Forrestal Canyon Preserve shall be any homes in VTTM50666 Exhibit A -Page 5 Mitigation Monitoring Program Resolution No.2012- III.MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho Palos Verdes on May 29,2012. Mitigation measures are listed in the order in which they appear in the Initial Study.It should be noted that this MMP represents revisions to the mitigation measures adopted by the City Council on June 7,2005 through Resolution No.2005-62.All mitigation measures identified in Resolution No.2005-62 that are not being revised through this MMP shall remain in effect. * * * Monitoring and Reporting Action indicates when the measure should be monitored and reported. Party Responsible for Mitigation indicates who is responsible for implementation. Enforcement Agency/Monitoring Agency/Monitoring Milestone indicates what agency is responsible for enforcing the measure, and provides space for future reference and notation that compliance has been monitored,verified,and is consistent with these mitigation measures. Mitigation Measures Monitoring and Reporting Party Enforcement Agencyl Action Responsible Monitoring Agencyl for Mitigation Monitoring Milestone 6.Biological Resources Re-vegetate habitat prior to i V.H.Property City PBCE/CDFG/USFW issuance of building permits for Corp.lProject Biologist B-2:Subject to review and approval by the Director of any homes in VTTM50666 Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. B-4:Prior to issuance of any building permits for Re-vegetate habitat prior to i V.H.Property City PBCE residences within Vesting Tentative Tract Map No.issuance of building permits for Corp.lProject Biologist 50666,the Forrestal Canyon Preserve shall be any homes in VTTM50666 Exhibit A -Page 5 Mitigation Monitoring Program Resolution No.2012- 1 - 2 7 Mitigation Measures Monitoring and Reporting Party Enforcement Agency/ Action Responsible Monitoring Agency/ for Mitigation Monitoring Milestone increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's . Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. 1.Hazards H-1:The driving range shall be developed with safety Prior to issuance of Certificate V.H.Property Corp.City PBCE features subject to review and approval by the of Occupancy Director of Planning,Building and Code Enforcement, that include a 12'high fence and/or landscape hedge and/or combination thereof,to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion ofJhe western boundary of the driving range, located between the edge of the driving range and the pedestrian/bicycle trails.If a landscape hedge is used in lieu of or in combination with a fence,then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density.Further,any landscape hedge,fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures thatjhe proposed hedge,fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Exhibit A -Page 6 Mitigation Monitoring Program Resolution No.2012- Mitigation Measures Monitoring and Reporting Party Enforcement Agency/ Action Responsible Monitoring Agency/ for Mitigation Monitoring Milestone increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's . Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. 1.Hazards H-1:The driving range shall be developed with safety Prior to issuance of Certificate V.H.Property Corp.City PBCE features subject to review and approval by the of Occupancy Director of Planning,Building and Code Enforcement, that include a 12'high fence and/or landscape hedge and/or combination thereof,to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion ofJhe western boundary of the driving range, located between the edge of the driving range and the pedestrian/bicycle trails.If a landscape hedge is used in lieu of or in combination with a fence,then said landscaped hedge shall be of a density that would ensure that golf balls do not go through said hedge or the Applicant shall provide an alternative such as adding mesh fencing along with a hedge until said hedge has the necessary density.Further,any landscape hedge,fencing or combination thereof shall be in compliant with existing Mitigation Measure A-1 that ensures thatjhe proposed hedge,fence or combination thereof will not be higher than the ridge elevation of the southerly berm and any hedge shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Exhibit A -Page 6 Mitigation Monitoring Program Resolution No.2012- 1 - 2 8 Mitigation Measures Monitoring and Reporting Party Enforcement Agencyl Action Responsible Monitoring Agencyl for Mitigation Monitoring Milestone Environmental Quality Act. H-2:The proposed use of the driving range shall On-going during use of driving V.H.Property Corp.City PBCE comply with the following:range •Golfers will hit primarily from east to west, while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Exhibit A -Page 7 Mitigation Monitoring Program Resolution No.2012- Mitigation Measures Monitoring and Reporting Party Enforcement Agencyl Action Responsible Monitoring Agencyl for Mitigation Monitoring Milestone Environmental Quality Act. H-2:The proposed use of the driving range shall On-going during use of driving V.H.Property Corp.City PBCE comply with the following:range •Golfers will hit primarily from east to west, while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Exhibit A -Page 7 Mitigation Monitoring Program Resolution No.2012- 1 - 2 9 City of Rancho Palos Verdes "SUBSEQUENT"MITIGATED NEGATIVE DECLARATION FOR THE GOLF DRIVING RANGE AT THE TRUMP NATIONAL GOLF CLUB (REVISION IIQQII) 1.Project title: Revision QQ -Trump National Golf Club (formally known as Ocean Trails)Revision to Driving Range (Case No.ZON2008-00584) 2.Lead agency name!address: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 3.Contact person and phone number: Gregory Pfost,AICP Deputy Community Development Director (310)544-5228 4.Project location: Trump National Golf Club One Ocean Trails Drive Rancho Palos Verdes,CA 90275 5.Project sponsor's name and address: Lili Amini,General Manager V.H.Property Corp One Ocean Trails Drive Rancho Palos Verdes,CA 90275 6.General plan designation: Residential 1 du!acre;Passive Recreational;and Natural,Socio-Cultural and Urban Overlay Control Districts 7.Coastal plan designation: Subregion 7 of the Rancho Palos Verdes Coastal Specific Plan 8.Zoning: Residential Single Family 1 du/acre;Planned Residential Development;Open Space Hazard; Natural,Socio-Cultural,and Urban Control Districts 9.Executive Summary: On June 7,2005,the City Council of the City of Rancho Palos Verdes adopted Resolution No. City of Rancho Palos Verdes "SUBSEQUENT"MITIGATED NEGATIVE DECLARATION FOR THE GOLF DRIVING RANGE AT THE TRUMP NATIONAL GOLF CLUB (REVISION IIQQII) 1.Project title: Revision QQ -Trump National Golf Club (formally known as Ocean Trails)Revision to Driving Range (Case No.ZON2008-00584) 2.Lead agency name!address: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 3.Contact person and phone number: Gregory Pfost,AICP Deputy Community Development Director (310)544-5228 4.Project location: Trump National Golf Club One Ocean Trails Drive Rancho Palos Verdes,CA 90275 5.Project sponsor's name and address: Lili Amini,General Manager V.H.Property Corp One Ocean Trails Drive Rancho Palos Verdes,CA 90275 6.General plan designation: Residential 1 du!acre;Passive Recreational;and Natural,Socio-Cultural and Urban Overlay Control Districts 7.Coastal plan designation: Subregion 7 of the Rancho Palos Verdes Coastal Specific Plan 8.Zoning: Residential Single Family 1 du/acre;Planned Residential Development;Open Space Hazard; Natural,Socio-Cultural,and Urban Control Districts 9.Executive Summary: On June 7,2005,the City Council of the City of Rancho Palos Verdes adopted Resolution No. 1-30 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 2005-62,certifying a Mitigated Negative Declaration (MND)in association with the approval of Revision "W"to the Trump National Golf Club to revise Vesting Tentative Tract Map No.50666 to accommodate a new driving range in the place of sixteen (16)single-family residential lots.The certified MND included a Mitigation Monitoring Program that identified specific mitigation measures for the proposed project.The MND for Revision "W"and the adopted Mitigation Monitoring Program identifying all "potentially significant impacts unless mitigated","less than significant impacts"and "no impacts"as well as all adopted mitigation measures can be reviewed and/or obtained at the City of Rancho Palos Verdes,Community Development Department. After obtaJning approval of Revision "W",the Applicant constructed the approved Driving Range and has been operating it on a temporary basis as it has not yet received a final Certificate of Occupancy. The Applicant submitted an application for Revision "QQ"to the project,requesting revisions to the following four (4)mitigation measures of the Revision "W"MND: Adopted Mitigation Measure B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTIM)50666,Coastal Sage Scrub (CSS)habitat will be revegetated (0.60 acres). Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. B-4:The Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2,2005. Subject to review and approval by the Director of Planning,Building and Code Enforcement,a 6'high decorative fence shall be installed along the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails. Any changes to the proposed plan that may affect public safety shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while MonitorinQ and Reporting Action Milestone Revegetate habitat prior to issuance of Certificate of occupancy and prior to issuance of building permits for any homes in VTTM50666 Prior to issuance of Certificate of Occupancy Prior to issuance of Certificate of Occupancy On-going during use of driving range Page 2 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 2005-62,certifying a Mitigated Negative Declaration (MND)in association with the approval of Revision "W"to the Trump National Golf Club to revise Vesting Tentative Tract Map No.50666 to accommodate a new driving range in the place of sixteen (16)single-family residential lots.The certified MND included a Mitigation Monitoring Program that identified specific mitigation measures for the proposed project.The MND for Revision "W"and the adopted Mitigation Monitoring Program identifying all "potentially significant impacts unless mitigated","less than significant impacts"and "no impacts"as well as all adopted mitigation measures can be reviewed and/or obtained at the City of Rancho Palos Verdes,Community Development Department. After obtaJning approval of Revision "W",the Applicant constructed the approved Driving Range and has been operating it on a temporary basis as it has not yet received a final Certificate of Occupancy. The Applicant submitted an application for Revision "QQ"to the project,requesting revisions to the following four (4)mitigation measures of the Revision "W"MND: Adopted Mitigation Measure B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTIM)50666,Coastal Sage Scrub (CSS)habitat will be revegetated (0.60 acres). Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. B-4:The Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666",dated February 2,2005. Subject to review and approval by the Director of Planning,Building and Code Enforcement,a 6'high decorative fence shall be installed along the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails. Any changes to the proposed plan that may affect public safety shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while MonitorinQ and Reporting Action Milestone Revegetate habitat prior to issuance of Certificate of occupancy and prior to issuance of building permits for any homes in VTTM50666 Prior to issuance of Certificate of Occupancy Prior to issuance of Certificate of Occupancy On-going during use of driving range Page 2 1-31 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.{)0584 March 26,2012 Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restricted to using certain golf clubs depending upon which tee area they are hitting from based upon the "Golf Shot Plan". Specifically,Section "A"of the golf tees will be used for shots traveling up to 140 yards, Section "8"will be used for shots traveling between 140 yards and 215 yards,and Section "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in Sections "A","8"and "C" noting distances authorized to hit from each tee section. •An on-site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Specifically,the Applicant has requested that Mitigation Measures B-2 and B-4 be changed so that their respective Monitoring and Reporting Action Milestones are changed to revegetating the required habitat "Prior to issuance of the first building permit for a home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to Certificate of Occupancy"of the Driving Range.The Applicant has also requested that Mitigation Measure H-1 be revised so that its reference to a specific plan entitled the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666,dated February 2,2005",which included a safety feature of a 6'high retaining wall with 6'high fence atop,be changed so that the 6'high retaining wall and 6'high fence atop be replaced with an alternative fence that no longer includes the retaining wall portion.Further,the Applicant has requested that Mitigation Measure H-2 be revised to eliminate the 2 nd ,3rd and 4th bullet points,which would therefore no longer require that golfers using the driving range use specific golf clubs at specific locations. As required by Section 15162(b)of the California Environmental Quality Act (CEQA),while there are no significant impacts associated with the proposed revisions that cannot be mitigated,since there are proposed revisions to the previously certified MND,namely proposed revisions to the mitigation measures as discussed above,those revisions warrant public review and as such the City of Rancho Palos Verdes has determined that a Subsequent MND is the most appropriate way to document said changes and allow for public input consistent with CEQA policies. 10.Description of project: Project Background: In June 1992,the City Council approved the Ocean Trails project (now known as Trump National Page 3 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.{)0584 March 26,2012 Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restricted to using certain golf clubs depending upon which tee area they are hitting from based upon the "Golf Shot Plan". Specifically,Section "A"of the golf tees will be used for shots traveling up to 140 yards, Section "8"will be used for shots traveling between 140 yards and 215 yards,and Section "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in Sections "A","8"and "C" noting distances authorized to hit from each tee section. •An on-site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Specifically,the Applicant has requested that Mitigation Measures B-2 and B-4 be changed so that their respective Monitoring and Reporting Action Milestones are changed to revegetating the required habitat "Prior to issuance of the first building permit for a home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to Certificate of Occupancy"of the Driving Range.The Applicant has also requested that Mitigation Measure H-1 be revised so that its reference to a specific plan entitled the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666,dated February 2,2005",which included a safety feature of a 6'high retaining wall with 6'high fence atop,be changed so that the 6'high retaining wall and 6'high fence atop be replaced with an alternative fence that no longer includes the retaining wall portion.Further,the Applicant has requested that Mitigation Measure H-2 be revised to eliminate the 2 nd ,3rd and 4th bullet points,which would therefore no longer require that golfers using the driving range use specific golf clubs at specific locations. As required by Section 15162(b)of the California Environmental Quality Act (CEQA),while there are no significant impacts associated with the proposed revisions that cannot be mitigated,since there are proposed revisions to the previously certified MND,namely proposed revisions to the mitigation measures as discussed above,those revisions warrant public review and as such the City of Rancho Palos Verdes has determined that a Subsequent MND is the most appropriate way to document said changes and allow for public input consistent with CEQA policies. 10.Description of project: Project Background: In June 1992,the City Council approved the Ocean Trails project (now known as Trump National Page 3 1-32 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Golf Club),which,at that time,included an 18-hole golf course,public open space,trails and 83 single-family residential lots.Since June 1992,the project has been revised several times. Revision "W"was a significant revision to the project for it revised Vesting Tentative Tract Map No. 50666 to replace 16 single family residential lots with a new driving range.Thus,with this approved revision,the entire project site as currently entitled includes an 18-hole golf course,59 single-family residential lots,4 on-site affordable housing units,a Clubhouse,Maintenance Building,open space lots,and a variety of other public amenities,including public trails. The existing project entitlements include: •Vesting Tentative Tract Map No.50666:including 23 single-family residential lots,most of the golf course,a driving range,the Clubhouse site,various open space lots,public parks and public trails. •Final Tract Map No.50667:including 36 single-family residential lots,a portion of the golf course,affordable housing site (4-units),maintenance building site,open space lots,public park and public trails. •Conditional Use Permit No.162:for the residential planned development of the 59 single- family residential lots located within VTTM No.50666 and Tract No.50667. •Conditional Use Permit No.163:for the development and operation of the 18-hole golf course,driving range and related ancillary uses. •Grading Permit No.1541:for the grading and development of the entire project. •Coastal Permit:Governing the entire project site and issued by the California Coastal Commission. Topics and Mitigation Measures Adequately Addre.ssed by the Previously Certified MND (Revision "W"): The previously certified MND for the Driving Range (Revision "W")addressed the following topics: Land Use and Planning,Population and Housing,Geology and Soils,Hydrology and Water Quality, Air Quality,Transportation and Circulation,Biological Resources,Energy/Mineral Resources, Hazards and Hazardous Material,Noise,Public Services,Utilities and Service Systems,Aesthetics, Cultural Resources,Recreation,Agricultural Resources,Mandatory Findings of Significance. A list of the Mitigation Measures adopted through the originally certified MND for the driving range through Revision "W",and which are sufficient and remain applicable for Revision "W"are described in Section 4 below. Proposed Project (Need for a Subsequent MND): The proposed project that triggered this Subsequent MND is an amendment to the previous approval and related certified MND for the driving range to revise four (4)previously adopted mitigation measures in the topic areas of "Biological Resources"and "Hazards and Hazardous Page 4 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Golf Club),which,at that time,included an 18-hole golf course,public open space,trails and 83 single-family residential lots.Since June 1992,the project has been revised several times. Revision "W"was a significant revision to the project for it revised Vesting Tentative Tract Map No. 50666 to replace 16 single family residential lots with a new driving range.Thus,with this approved revision,the entire project site as currently entitled includes an 18-hole golf course,59 single-family residential lots,4 on-site affordable housing units,a Clubhouse,Maintenance Building,open space lots,and a variety of other public amenities,including public trails. The existing project entitlements include: •Vesting Tentative Tract Map No.50666:including 23 single-family residential lots,most of the golf course,a driving range,the Clubhouse site,various open space lots,public parks and public trails. •Final Tract Map No.50667:including 36 single-family residential lots,a portion of the golf course,affordable housing site (4-units),maintenance building site,open space lots,public park and public trails. •Conditional Use Permit No.162:for the residential planned development of the 59 single- family residential lots located within VTTM No.50666 and Tract No.50667. •Conditional Use Permit No.163:for the development and operation of the 18-hole golf course,driving range and related ancillary uses. •Grading Permit No.1541:for the grading and development of the entire project. •Coastal Permit:Governing the entire project site and issued by the California Coastal Commission. Topics and Mitigation Measures Adequately Addre.ssed by the Previously Certified MND (Revision "W"): The previously certified MND for the Driving Range (Revision "W")addressed the following topics: Land Use and Planning,Population and Housing,Geology and Soils,Hydrology and Water Quality, Air Quality,Transportation and Circulation,Biological Resources,Energy/Mineral Resources, Hazards and Hazardous Material,Noise,Public Services,Utilities and Service Systems,Aesthetics, Cultural Resources,Recreation,Agricultural Resources,Mandatory Findings of Significance. A list of the Mitigation Measures adopted through the originally certified MND for the driving range through Revision "W",and which are sufficient and remain applicable for Revision "W"are described in Section 4 below. Proposed Project (Need for a Subsequent MND): The proposed project that triggered this Subsequent MND is an amendment to the previous approval and related certified MND for the driving range to revise four (4)previously adopted mitigation measures in the topic areas of "Biological Resources"and "Hazards and Hazardous Page 4 1-33 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Substances"as discussed in the Executive Summary section above and detailed in the discussion of the potential environmental impacts below.Since the only affect to the driving range project (Revision "W")is upon the mitigation measures in the topic areas of "Biological Resources"and "Hazards and Hazardous Substances",all other mitigation measures within the prior MND,which are not being revised through this Subsequent MND are sufficient for the Driving Range and remain applicable to the revised project. 11.Description of the entire project site (as it currently exists): The Trull)p National Golf Club is composed of two phases of development.Phase I includes a completed 18-hole golf course,36 single-family residential building pads within Tract No.50667,a completed and open clubhouse,a completed maintenance building,a completed 4-unit affordable housing complex,and a variety of public trails,public parks,habitat preserves and other open spaces. The specific project site (driving range)is within Phase II of the Trump National Golf Club,which is within Vesting Tentative Tract Map No.50666.Over the past years,the Phase II area was first rough graded to accommodate the 1992 approved 39 single-family residential building pads,and was then further graded to use as a borrow site for clay material that was utilized in making modifications to the existing golf course in Phase I.The subject site was then re-graded to accommodate the existing operational driving range and the 23 vacant single family residential building pads. 12.Surrounding land uses and setting: Land Uses Significant Features On-site Currently the site is used as a driving range.Varying topography.The subject site is located within the California Coastal Zone. North Directly to the north of the project site is the The neighboring Seaview residential community existing public street right of way known as is composed of one to two story single-family Palos Verdes Drive South.North of Palos residential units,of which,the existing building Verdes Drive South is an existing single-pads step up in elevation towards the north. family residential neighborhood known as Most of the existing residential units have views Seaview.southward of the Pacific Ocean,and over the proposed driving range project site. South Directly to the south of the westerly half of The West Bluff Preserve has been planted the project site is an existing vacant 100'(upper portion in 1995 and lower portion in wide strip of land (known as open space Lot 1999)with a variety of native Coastal Sage B and part of the 5.8-acre Forrestal Canyon Scrub species that are currently thriving.Three Preserve),which runs east to west and will pair of California Gnatcatchers have been accommodate a future public trail and native observed within the West Bluff Preserve during habitat.South of this strip of land is a 7.0-year 2004 -of which the closest nest to the acre open space lot known as Lot E or the project site was over 375'to the south of the West Bluff Preserve,which currently project site. contains native habitat species.South of Underlying a significant portion of the West Bluff the West Bluff Preserve are Coastal Bluffs Preserve is one of three ancient landslides on (within the Coastal Bluff Preserve)and the the entire Qolf course site and is known as Page 5 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Substances"as discussed in the Executive Summary section above and detailed in the discussion of the potential environmental impacts below.Since the only affect to the driving range project (Revision "W")is upon the mitigation measures in the topic areas of "Biological Resources"and "Hazards and Hazardous Substances",all other mitigation measures within the prior MND,which are not being revised through this Subsequent MND are sufficient for the Driving Range and remain applicable to the revised project. 11.Description of the entire project site (as it currently exists): The Trull)p National Golf Club is composed of two phases of development.Phase I includes a completed 18-hole golf course,36 single-family residential building pads within Tract No.50667,a completed and open clubhouse,a completed maintenance building,a completed 4-unit affordable housing complex,and a variety of public trails,public parks,habitat preserves and other open spaces. The specific project site (driving range)is within Phase II of the Trump National Golf Club,which is within Vesting Tentative Tract Map No.50666.Over the past years,the Phase II area was first rough graded to accommodate the 1992 approved 39 single-family residential building pads,and was then further graded to use as a borrow site for clay material that was utilized in making modifications to the existing golf course in Phase I.The subject site was then re-graded to accommodate the existing operational driving range and the 23 vacant single family residential building pads. 12.Surrounding land uses and setting: Land Uses Significant Features On-site Currently the site is used as a driving range.Varying topography.The subject site is located within the California Coastal Zone. North Directly to the north of the project site is the The neighboring Seaview residential community existing public street right of way known as is composed of one to two story single-family Palos Verdes Drive South.North of Palos residential units,of which,the existing building Verdes Drive South is an existing single-pads step up in elevation towards the north. family residential neighborhood known as Most of the existing residential units have views Seaview.southward of the Pacific Ocean,and over the proposed driving range project site. South Directly to the south of the westerly half of The West Bluff Preserve has been planted the project site is an existing vacant 100'(upper portion in 1995 and lower portion in wide strip of land (known as open space Lot 1999)with a variety of native Coastal Sage B and part of the 5.8-acre Forrestal Canyon Scrub species that are currently thriving.Three Preserve),which runs east to west and will pair of California Gnatcatchers have been accommodate a future public trail and native observed within the West Bluff Preserve during habitat.South of this strip of land is a 7.0-year 2004 -of which the closest nest to the acre open space lot known as Lot E or the project site was over 375'to the south of the West Bluff Preserve,which currently project site. contains native habitat species.South of Underlying a significant portion of the West Bluff the West Bluff Preserve are Coastal Bluffs Preserve is one of three ancient landslides on (within the Coastal Bluff Preserve)and the the entire Qolf course site and is known as Page 5 1-34 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 Land Uses Significant Features Pacific Ocean.Landslide A. Directly to the south of the easterly half of Additionally,below grade and within the West the project site is the continuation of an Bluff Preserve,approximately 200'to the south existing vacant 100'wide strip of land (known of the proposed driving range site is a main as Lot B and part of the 5.S-acre Forrestal trunk sewer line owned and maintained by the Canyon Preserve),which runs east to west L.A.County Sanitation District. and will accommodate a future public trail and native habitat.South of this strip of land are holes #11 and #10 of the golf course. South of the golf course are coastal bluffs (within the Coastal Bluff Preserve)and the Pacific Ocean. East Directly east of the existing driving range is Forrestal Canyon is a northeast-southwest the 5.S-acre open space Lot B,known as the trending canyon.It is an existing blue-line Forrestal Canyon Preserve.stream that currently carries storm water run-off from areas off-site,north of the project site,and from the project site to the Pacific Ocean. The Forrestal Canyon Preserve currently contains approximately 4.94 acres of coastal sage scrub restoration and existing habitat. Approximately 1.65 acres of the canyon will be planted with additional coastal sage scrub species.One pair and one lone male California Gnatcatchers have been observed within the Forrestal Canyon Preserve during year 2004 -of which the closest nest to the project site was approximately 150'to the east of the project site. West Directly to the west of the proposed driving Some existing residential units within the range site is a 1.4-acre open space lot Portuguese Bend Club have views towards the known as Lot D.Although currently vacant,east to the Pacific Ocean,over the proposed lot 0 will act as a fire buffer lot and will driving range site. contain public trails.Immediately west of Lot o is an existing single-family residential neighborhood known as the Portuguese Bend Club. 13.Other public agencies whose approval or review is required: •California Coastal Commission •U.S.Fish and Wildlife Service •California Department of Fish and Game ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Due to the proposed revisions to the previously adopted MND (Revision "W"),the environmental factors checked below would be potentially affected by this project (Revision "QQ"-Subsequent Page 6 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 Land Uses Significant Features Pacific Ocean.Landslide A. Directly to the south of the easterly half of Additionally,below grade and within the West the project site is the continuation of an Bluff Preserve,approximately 200'to the south existing vacant 100'wide strip of land (known of the proposed driving range site is a main as Lot B and part of the 5.S-acre Forrestal trunk sewer line owned and maintained by the Canyon Preserve),which runs east to west L.A.County Sanitation District. and will accommodate a future public trail and native habitat.South of this strip of land are holes #11 and #10 of the golf course. South of the golf course are coastal bluffs (within the Coastal Bluff Preserve)and the Pacific Ocean. East Directly east of the existing driving range is Forrestal Canyon is a northeast-southwest the 5.S-acre open space Lot B,known as the trending canyon.It is an existing blue-line Forrestal Canyon Preserve.stream that currently carries storm water run-off from areas off-site,north of the project site,and from the project site to the Pacific Ocean. The Forrestal Canyon Preserve currently contains approximately 4.94 acres of coastal sage scrub restoration and existing habitat. Approximately 1.65 acres of the canyon will be planted with additional coastal sage scrub species.One pair and one lone male California Gnatcatchers have been observed within the Forrestal Canyon Preserve during year 2004 -of which the closest nest to the project site was approximately 150'to the east of the project site. West Directly to the west of the proposed driving Some existing residential units within the range site is a 1.4-acre open space lot Portuguese Bend Club have views towards the known as Lot D.Although currently vacant,east to the Pacific Ocean,over the proposed lot 0 will act as a fire buffer lot and will driving range site. contain public trails.Immediately west of Lot o is an existing single-family residential neighborhood known as the Portuguese Bend Club. 13.Other public agencies whose approval or review is required: •California Coastal Commission •U.S.Fish and Wildlife Service •California Department of Fish and Game ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Due to the proposed revisions to the previously adopted MND (Revision "W"),the environmental factors checked below would be potentially affected by this project (Revision "QQ"-Subsequent Page 6 1-35 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 MND)as indicted by the checklist on the following pages.As these are the only potentially affected topic areas,they are the only topic areas discussed in the following analysis. o Land Use and Planning o Population and Housing o Geology and Soils D Hydrology and Water Quality o AirQu~lity D Transportation and Circulation W Biological Resources o Energy/Mineral Resources W Hazards and Hazardous Material D Noise D Public Services D Utilities and Service Systems o Aesthetics o Cultural Resources o Recreation D Agricultural Resources o Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: D I find that the project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. [K]I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A SUBSEQUENT MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have a significant effect(s)on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2) has been addressed by mitigation measures based on earlier analysis as described on attached sheets,if the effect is a "potentially significant impact"or"potentially significant unless mitigated".An ENVIRONMENTAL IMPACT REPORT is required but must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effect (a)have been analyzed adequately in an earlier EIR pursuant to applicable standards,and (b)have been avoided or mitigated pursuant to that earlier EIR,including revisions or mitigation measures that are imposed on the proposed projFv7f\~ Signature:~Date:_1J=+f1...I<--Ilt"'-,f-J/1....."V''--_ Gregory Pfost, Printed Name:Deputy Community Development For:City of Rancho Palos Verdes Director Page 7 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 MND)as indicted by the checklist on the following pages.As these are the only potentially affected topic areas,they are the only topic areas discussed in the following analysis. o Land Use and Planning o Population and Housing o Geology and Soils D Hydrology and Water Quality o AirQu~lity D Transportation and Circulation W Biological Resources o Energy/Mineral Resources W Hazards and Hazardous Material D Noise D Public Services D Utilities and Service Systems o Aesthetics o Cultural Resources o Recreation D Agricultural Resources o Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: D I find that the project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. [K]I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A SUBSEQUENT MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have a significant effect(s)on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2) has been addressed by mitigation measures based on earlier analysis as described on attached sheets,if the effect is a "potentially significant impact"or"potentially significant unless mitigated".An ENVIRONMENTAL IMPACT REPORT is required but must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effect (a)have been analyzed adequately in an earlier EIR pursuant to applicable standards,and (b)have been avoided or mitigated pursuant to that earlier EIR,including revisions or mitigation measures that are imposed on the proposed projFv7f\~ Signature:~Date:_1J=+f1...I<--Ilt"'-,f-J/1....."V''--_ Gregory Pfost, Printed Name:Deputy Community Development For:City of Rancho Palos Verdes Director Page 7 1-36 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 EVALUATION OF ENVIRONMENTAL IMPACTS: Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 1.BIOLOGICAL RESOURCES.Would the proposal result in: a)Have a 'substantial adverse effect, either directly or through habitat modifications,on any species identified as a candidate,sensitive,or 4,8,9,Xspecialstatusspeciesinlocalor11 regional plans,policies,or regulations, or by the California Department of fish and Game or US Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or 4,10,11 Xregionalplans,policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c)Have a substantial adverse effect on federally protected wetlands,as defined by Section 404 of the Clean Water Act (including,but not limited to,13 X marsh,vernal pool,coastal,etc ...), through direct removal,filling, hydrological interruption,or other means? d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or X with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites e)Conflict with any local polices or ordinances protecting biological .X resources,such as tree'preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan or 10,11 X Natural Community Conservation Plan, or other approved local,regional,or Page 8 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 EVALUATION OF ENVIRONMENTAL IMPACTS: Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 1.BIOLOGICAL RESOURCES.Would the proposal result in: a)Have a 'substantial adverse effect, either directly or through habitat modifications,on any species identified as a candidate,sensitive,or 4,8,9,Xspecialstatusspeciesinlocalor11 regional plans,policies,or regulations, or by the California Department of fish and Game or US Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or 4,10,11 Xregionalplans,policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c)Have a substantial adverse effect on federally protected wetlands,as defined by Section 404 of the Clean Water Act (including,but not limited to,13 X marsh,vernal pool,coastal,etc ...), through direct removal,filling, hydrological interruption,or other means? d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or X with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites e)Conflict with any local polices or ordinances protecting biological .X resources,such as tree'preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan or 10,11 X Natural Community Conservation Plan, or other approved local,regional,or Page 8 1-37 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Issues and Supporting Information Sources state habitat conservation plan? Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Background: As discussed in the previously certified MND for Revision "W"for the driving range and revised Vesting Tentative Tract Map,due to the slight relocation of a public trail along the southern edge of the driving range,the project (Revision "W")would necessitate permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub.habitat thereby creating an additional 0.09 acres of impact.It should be noted that this vegetation type due to previous grading activities does not currently occupy the 0.04 acre of permanently impacted coastal sage scrub.However,this area was originally intended to be part of the Forrestal Canyon Preserve whereas under the proposed modifications,it will be utilized as a cart-path/trail connection to the putting green.Once trail construction is complete,the 0.05 acre would be replanted with coastal sage scrub.Neither of these areas are occupied by the federally-threatened California gnatcatcher.To mitigate for these impacts,a total of 0.60 acres of coastal sage scrub (along the southern edge of the driving range)would be planted,removed from the previously planned development area under EIR #36,and be added to the adjacent Forrestal Canyon Preserve thereby increasing the area of the Preserve.This new habitat would function as an extension to the Preserve and when combined with the overall net gain in preserved habitat,would result in a benefit to biological resources compared to the project as analyzed in EIR #36. Further,as discussed in the previously certified MND for Revision "W"for the driving range and revised Vesting Tentative Tract Map,due to the driving range design and operation,there will not be a significant adverse impact to existing and proposed habitat areas located to the south of the proposed driving range.Specifically,the design included an earthen berm,native vegetation and a 6'tall retaining wall with a 6'tall decorative fence to contain golf balls to the driving range.Additionally,driving range users will be segregated by the type of golf clubs so that errant golf balls are less likely to escape the driving range fence.Signage will be installed along the pedestrian trail located on the southern side of the driving range to alert users that areas to the south of the trail are areas of protected habitat to discourage the appeal to persons that desire to collect any stray golf balls. Therefore,under Revision "W",it was determined that with mitigation measures to ensure that the 0.60 acres of new habitat is planted and added to the Preserve and signage is added to discourage persons from entering habitat to collect any stray golf balls,there would be no significant adverse impacts to habitat. The following mitigation measures were thus added to the project (Revision "W"): •B-1:If construction occurs within 500 feet of coastal California gnatcatcher active nests during the coastal California gnatcatcher breeding season (February 15-August 15),owner shall implement weekly monitoring of nest sites by a permitted gnatcatcher biologist to determine nest status and potential affects from construction noise.During periods of construction within the 500-foot zone around active nests,the owner shall implement appropriate noise attenuation measures as determined by the project biologist and conduct daily noise monitoring to ensure that noise levels do not exceed 60 dBA leq.Weekly monitoring reports shall be submitted to the Director of Planning,Building and Code Enforcement when construction occurs within the 500-foot limit. •B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement, CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM) 50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. •B-3:The project developer shall not impact more than 0.05 acres of coastal sage scrub habitat as Page 9 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Issues and Supporting Information Sources state habitat conservation plan? Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Background: As discussed in the previously certified MND for Revision "W"for the driving range and revised Vesting Tentative Tract Map,due to the slight relocation of a public trail along the southern edge of the driving range,the project (Revision "W")would necessitate permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub.habitat thereby creating an additional 0.09 acres of impact.It should be noted that this vegetation type due to previous grading activities does not currently occupy the 0.04 acre of permanently impacted coastal sage scrub.However,this area was originally intended to be part of the Forrestal Canyon Preserve whereas under the proposed modifications,it will be utilized as a cart-path/trail connection to the putting green.Once trail construction is complete,the 0.05 acre would be replanted with coastal sage scrub.Neither of these areas are occupied by the federally-threatened California gnatcatcher.To mitigate for these impacts,a total of 0.60 acres of coastal sage scrub (along the southern edge of the driving range)would be planted,removed from the previously planned development area under EIR #36,and be added to the adjacent Forrestal Canyon Preserve thereby increasing the area of the Preserve.This new habitat would function as an extension to the Preserve and when combined with the overall net gain in preserved habitat,would result in a benefit to biological resources compared to the project as analyzed in EIR #36. Further,as discussed in the previously certified MND for Revision "W"for the driving range and revised Vesting Tentative Tract Map,due to the driving range design and operation,there will not be a significant adverse impact to existing and proposed habitat areas located to the south of the proposed driving range.Specifically,the design included an earthen berm,native vegetation and a 6'tall retaining wall with a 6'tall decorative fence to contain golf balls to the driving range.Additionally,driving range users will be segregated by the type of golf clubs so that errant golf balls are less likely to escape the driving range fence.Signage will be installed along the pedestrian trail located on the southern side of the driving range to alert users that areas to the south of the trail are areas of protected habitat to discourage the appeal to persons that desire to collect any stray golf balls. Therefore,under Revision "W",it was determined that with mitigation measures to ensure that the 0.60 acres of new habitat is planted and added to the Preserve and signage is added to discourage persons from entering habitat to collect any stray golf balls,there would be no significant adverse impacts to habitat. The following mitigation measures were thus added to the project (Revision "W"): •B-1:If construction occurs within 500 feet of coastal California gnatcatcher active nests during the coastal California gnatcatcher breeding season (February 15-August 15),owner shall implement weekly monitoring of nest sites by a permitted gnatcatcher biologist to determine nest status and potential affects from construction noise.During periods of construction within the 500-foot zone around active nests,the owner shall implement appropriate noise attenuation measures as determined by the project biologist and conduct daily noise monitoring to ensure that noise levels do not exceed 60 dBA leq.Weekly monitoring reports shall be submitted to the Director of Planning,Building and Code Enforcement when construction occurs within the 500-foot limit. •B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement, CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM) 50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. •B-3:The project developer shall not impact more than 0.05 acres of coastal sage scrub habitat as Page 9 1-38 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-D0584 March 26,2012 Issues and Supporting Information Sources part of this proposed project. Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact •B-4:The Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat M9nitoring Program/Reporting. •B-5:Subject to review and approval by the Director of Planning,Building and Code Enforcement, the developer shall install signage along the pedestrian/bicycle trails located adjacent to the driving range,warning trail users not to enter into natural habitat preserve areas to collect any stray golf balls.Said signage shall be installed at appropriate intervals along the trail as approved by the Director of Planning,Building and Code Enforcement and the Project Biologist.If it is determined by the Director of Planning,Building and Code Enforcement that trail users are breaching the trail fencing and entering habitat to obtain stray golf balls,the developer shall cease all driving range operations until such time as a plan,such as,but not limited to the use of security personnel,can be implemented by the developer that would eliminate such activities. Proposed Revision "QQ"(Subsequent MND): With the current proposed revision (Revision "QQ")addressed through this Subsequent MND,the Applicant is proposing to change mitigation measures B-2 and B-4 so that the proposed 0.60 acres of new habitat will not be required to be planted until "Prior to issuance of Building Permits for the first new residential home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to issuance of Certificate of Occupancy for the Driving Range".The Applicant has noted that the delay in planting the required 0.60 acres of habitat is necessary due to various storm drain and sewer improvements that are still required to be constructed as part of the development of the subject residential portion of the tract.The construction of the necessary storm drain/sewer improvements would cause impacts to the 0.60 acre habitat required by this mitigation measure if the habitat was installed prior to the construction of the storm drain/sewer improvements.Further,as the previous approval of Revision "W"applied to both the construction of the driving range and change in building pads for Vesting Tentative Tract Map No.50666 it is appropriate for the subsequent mitigation to be addressed along with the development of any homes within said Vesting Tentative Tract Map.Thus,mitigation measures B-2 and B-4 would be revised as follows (strikethrough text for text removed and underline text for text added): •B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement, CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM) 50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. •B-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666,t+he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. The proposed changes to mitigation measures B-2 and B-4 will not cause more impacts or lessen existing mitigation as the proposed changes only affect the timing of compliance.Thus,there will be no impacts as a result of this chanqe. Page 10 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-D0584 March 26,2012 Issues and Supporting Information Sources part of this proposed project. Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact •B-4:The Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat M9nitoring Program/Reporting. •B-5:Subject to review and approval by the Director of Planning,Building and Code Enforcement, the developer shall install signage along the pedestrian/bicycle trails located adjacent to the driving range,warning trail users not to enter into natural habitat preserve areas to collect any stray golf balls.Said signage shall be installed at appropriate intervals along the trail as approved by the Director of Planning,Building and Code Enforcement and the Project Biologist.If it is determined by the Director of Planning,Building and Code Enforcement that trail users are breaching the trail fencing and entering habitat to obtain stray golf balls,the developer shall cease all driving range operations until such time as a plan,such as,but not limited to the use of security personnel,can be implemented by the developer that would eliminate such activities. Proposed Revision "QQ"(Subsequent MND): With the current proposed revision (Revision "QQ")addressed through this Subsequent MND,the Applicant is proposing to change mitigation measures B-2 and B-4 so that the proposed 0.60 acres of new habitat will not be required to be planted until "Prior to issuance of Building Permits for the first new residential home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to issuance of Certificate of Occupancy for the Driving Range".The Applicant has noted that the delay in planting the required 0.60 acres of habitat is necessary due to various storm drain and sewer improvements that are still required to be constructed as part of the development of the subject residential portion of the tract.The construction of the necessary storm drain/sewer improvements would cause impacts to the 0.60 acre habitat required by this mitigation measure if the habitat was installed prior to the construction of the storm drain/sewer improvements.Further,as the previous approval of Revision "W"applied to both the construction of the driving range and change in building pads for Vesting Tentative Tract Map No.50666 it is appropriate for the subsequent mitigation to be addressed along with the development of any homes within said Vesting Tentative Tract Map.Thus,mitigation measures B-2 and B-4 would be revised as follows (strikethrough text for text removed and underline text for text added): •B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement, CDFG and USFWS,and prior to issuance of certificate of occupancy for the driving range and prior to issuance of any building permits for residences within Vesting Tentative Tract Map (VTTM) 50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers. •B-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666,t+he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. The proposed changes to mitigation measures B-2 and B-4 will not cause more impacts or lessen existing mitigation as the proposed changes only affect the timing of compliance.Thus,there will be no impacts as a result of this chanqe. Page 10 1-39 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 2.HAZARDS AND HAZARDOUS MATERIAL.Would the proposal involve: a)Create a significant hazard to the public or the environment through the X routine transport,use,or disposal of hazardous material? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and 4 X accident conditions involving the release of hazardous materials into the environment? c)Emit hazardous emissions or handle hazardous or acutely hazardous Xmaterials,substances,or waste within one-quarter mile of and existing or proposed school? d)Be located on a site,which is included on a list of hazardous materials sites complied pursuant to Government XCodeSection65962.5 and,as a result,would create a significant hazard to the public or the environment? e)For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles Xofapublicairportorpublicuseairport, would the project result in a safety hazard for people residing or working in the project area? f)For a project within the vicinity of a private airstrip,would the project result X in a safety hazard for people residing or working in the project area? g)Impair implementation of,or physically interfere with,an adopted emergency X response plan or emergency evacuation plan? h)Expose people or structures to a X Page 11 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 2.HAZARDS AND HAZARDOUS MATERIAL.Would the proposal involve: a)Create a significant hazard to the public or the environment through the X routine transport,use,or disposal of hazardous material? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and 4 X accident conditions involving the release of hazardous materials into the environment? c)Emit hazardous emissions or handle hazardous or acutely hazardous Xmaterials,substances,or waste within one-quarter mile of and existing or proposed school? d)Be located on a site,which is included on a list of hazardous materials sites complied pursuant to Government XCodeSection65962.5 and,as a result,would create a significant hazard to the public or the environment? e)For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles Xofapublicairportorpublicuseairport, would the project result in a safety hazard for people residing or working in the project area? f)For a project within the vicinity of a private airstrip,would the project result X in a safety hazard for people residing or working in the project area? g)Impair implementation of,or physically interfere with,an adopted emergency X response plan or emergency evacuation plan? h)Expose people or structures to a X Page 11 1-40 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 Issues and Supporting Information Sources significant risk of loss,injury,or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Background: As discussed in the previously certified MND for Revision "W"for the driving range and revised Vesting Tentative Tract Map,a public pedestrian/bicycle trail will be located adjacent to the south and west sides of the driving range. Additionally,existing single-family residential homes within the Portuguese Bend Club are located further to the west of the driving range and 10 proposed new single-family homes will be located adjacent to the north side of the driving range.Users of the driving range will mainly be hitting golf balls from east to west,while there will be a limited number of golfers,which are taking lessons that will hit from west to east.With any driving range or golf course adjacent to these types of uses,there is a potential that golf balls may stray from the range and impact neighboring uses.It is important to note that portions of the existing 18-hole golf course are adjacent to similar uses -public trails and residential homes,although the original EIR #36 for the entire project site did not identify this as a hazard that would cause a significantly adverse impact. Through the approval of Revision "W",the driving range had been designed to address these potential hazards and impacts to public safety.Specifically,the range had been designed in a bowl shape that creates a berm along the southern and northern edges of the driving range.The berm on the southern edge,which is adjacent to the public trails system,is up to 20 feet higher than the surface of the adjacent trail.Immediately adjacent to the public trail was proposed a 6'high retaining wall with 6'high decorative fence that would hinder balls that go over the berm from rolling onto the public trail.Landscaping that will not hinder any views over the site would also be planted on the southerly berm to also deter balls from bouncing onto the trail.The length of the driving range is sufficient for most golfers.A decorative 6'high fence would be placed along the western edge of the driving range,with additional landscaping that would hinder balls from reaching this public trail and existing residential homes within the Portuguese Bend Club.Future homeowners purchasing lots adjacent to the northern boundary of the driving range would be required to agree to a disclosure statement warning the owner of the potential hazards related to owning property next to a driving range before purchasing the subject property. Additionally,under Revision "W",a Driving Range Use Program would be implemented as part of the proposed project that specifies how the driving range will be operated to ensure safety to adjacent public and private uses. Specifically,the Program identifies the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restricted to using certain golf clubs depending upon which tee area they are hitting from based upon the attached "Golf Shot Plan"(see Appendix C of Revision "W"certified MND).Specifically, Section "A"of the golf tees will be used for shots traveling up to 140 yards,Section "B"will be used for shots traveling between 140 yards and 215 yards,and Section "C"will be used for shots traveling over 215 yards. •Signs will be posted in Sections "A","B"and "C"noting distances authorized to hit from each tee section. •An on-site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. In summary,Revision "W"indicated that while a the hazardous impacts to public safety may be siqnificant with a Page 12 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 Issues and Supporting Information Sources significant risk of loss,injury,or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Background: As discussed in the previously certified MND for Revision "W"for the driving range and revised Vesting Tentative Tract Map,a public pedestrian/bicycle trail will be located adjacent to the south and west sides of the driving range. Additionally,existing single-family residential homes within the Portuguese Bend Club are located further to the west of the driving range and 10 proposed new single-family homes will be located adjacent to the north side of the driving range.Users of the driving range will mainly be hitting golf balls from east to west,while there will be a limited number of golfers,which are taking lessons that will hit from west to east.With any driving range or golf course adjacent to these types of uses,there is a potential that golf balls may stray from the range and impact neighboring uses.It is important to note that portions of the existing 18-hole golf course are adjacent to similar uses -public trails and residential homes,although the original EIR #36 for the entire project site did not identify this as a hazard that would cause a significantly adverse impact. Through the approval of Revision "W",the driving range had been designed to address these potential hazards and impacts to public safety.Specifically,the range had been designed in a bowl shape that creates a berm along the southern and northern edges of the driving range.The berm on the southern edge,which is adjacent to the public trails system,is up to 20 feet higher than the surface of the adjacent trail.Immediately adjacent to the public trail was proposed a 6'high retaining wall with 6'high decorative fence that would hinder balls that go over the berm from rolling onto the public trail.Landscaping that will not hinder any views over the site would also be planted on the southerly berm to also deter balls from bouncing onto the trail.The length of the driving range is sufficient for most golfers.A decorative 6'high fence would be placed along the western edge of the driving range,with additional landscaping that would hinder balls from reaching this public trail and existing residential homes within the Portuguese Bend Club.Future homeowners purchasing lots adjacent to the northern boundary of the driving range would be required to agree to a disclosure statement warning the owner of the potential hazards related to owning property next to a driving range before purchasing the subject property. Additionally,under Revision "W",a Driving Range Use Program would be implemented as part of the proposed project that specifies how the driving range will be operated to ensure safety to adjacent public and private uses. Specifically,the Program identifies the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restricted to using certain golf clubs depending upon which tee area they are hitting from based upon the attached "Golf Shot Plan"(see Appendix C of Revision "W"certified MND).Specifically, Section "A"of the golf tees will be used for shots traveling up to 140 yards,Section "B"will be used for shots traveling between 140 yards and 215 yards,and Section "C"will be used for shots traveling over 215 yards. •Signs will be posted in Sections "A","B"and "C"noting distances authorized to hit from each tee section. •An on-site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. In summary,Revision "W"indicated that while a the hazardous impacts to public safety may be siqnificant with a Page 12 1-41 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-D0584 March 26,2012 Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact proposed driving range,based upon the physical design and proposed use of the proposed driving range and implementation of the following mitigation measures,there will be no significant adverse impacts: •H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract 'No.50666", dated February 2,2005.Subject to review and approval by the Director of Planning,Building and Code Enforcement,a 6'high decorative fence shall be installed along the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails.Any changes to the proposed plan that may affect public safety shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. •H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restricted to using certain golf clubs depending upon which tee area they are hitting from based upon the "Golf Shot Plan".Specifically,Section "A"of the golf tees will be used for shots traveling up to 140 yards,Section "B"will be used for shots traveling between 140 yards and 215 yards,and Section "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in Sections "A","B"and "C"noting distances authorized to hit from each tee section. •An on-site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. •H-3:If professional tournaments are held where professionals will utilize the driving range,the applicant shall implement measures,which may include,but not be limited to retractable netting that could be used temporarily when professionals are utilizing the range,to ensure that golf balls do not stray from the range and impact adjacent uses.Such tournaments and temporary netting or other measures,shall only be authorized through approval of a Special Use Permit by the City of Rancho Palos Verdes,which requires public notice. •H-4: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 immediately cease all use of the driving range until such impacts can be mitigated by the developer.Such mitigation measures shall be reviewed and approval by the City Council.If it is determined that such impacts cannot be mitigated,upon notice by the City,the owner shall cease all use of the driving range. Proposed Revision "QQ"(Subsequent MND): With the current proposed revision (Revision "QQ")addressed throuqh this Subsequent MND,the Applicant is Page 13 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-D0584 March 26,2012 Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact proposed driving range,based upon the physical design and proposed use of the proposed driving range and implementation of the following mitigation measures,there will be no significant adverse impacts: •H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract 'No.50666", dated February 2,2005.Subject to review and approval by the Director of Planning,Building and Code Enforcement,a 6'high decorative fence shall be installed along the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails.Any changes to the proposed plan that may affect public safety shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. •H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restricted to using certain golf clubs depending upon which tee area they are hitting from based upon the "Golf Shot Plan".Specifically,Section "A"of the golf tees will be used for shots traveling up to 140 yards,Section "B"will be used for shots traveling between 140 yards and 215 yards,and Section "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in Sections "A","B"and "C"noting distances authorized to hit from each tee section. •An on-site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf clubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. •H-3:If professional tournaments are held where professionals will utilize the driving range,the applicant shall implement measures,which may include,but not be limited to retractable netting that could be used temporarily when professionals are utilizing the range,to ensure that golf balls do not stray from the range and impact adjacent uses.Such tournaments and temporary netting or other measures,shall only be authorized through approval of a Special Use Permit by the City of Rancho Palos Verdes,which requires public notice. •H-4: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 immediately cease all use of the driving range until such impacts can be mitigated by the developer.Such mitigation measures shall be reviewed and approval by the City Council.If it is determined that such impacts cannot be mitigated,upon notice by the City,the owner shall cease all use of the driving range. Proposed Revision "QQ"(Subsequent MND): With the current proposed revision (Revision "QQ")addressed throuqh this Subsequent MND,the Applicant is Page 13 1-42 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Gol.f Club Driving Range Case No.ZON2008-D0584 March 26,2012 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated proposing to change mitigation measure H-1 so that its reference to a specific plan entitled the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666,dated February 2,2005",which included a safety feature of a 6'high retaining wall with 6'high fence atop,be changed so that the 6'high retaining wall and 6'high fence atop be replaced with an alternative fence that no longer includes the retaining wall ~ortion. Further,the Applicant has requested that Mitigation Measure H-2 be revised to eliminate the 2nd ,3rd and 41 bullet points,whi~h would therefore no longer require that golfers using the driving range use specific golf clubs at specific locations. During the review and analysis of Revision "W",and attached to the MND for Revision "W",was a report by a Golf Safety Consultant that confirmed that there would be no potentially significant adverse hazard impacts to public safety provided the mitigation measures were implemented.Upon visiting the site after the driving range has been in operation,and considering that there have been more than 9,600 users of the driving range without incident,the same Golf Safety Consultant has confirmed (see attachment 'A')that these mitigation measures may be adjusted as discussed above ensuring that there will still not be a potentially significant adverse hazard impact to public safety.While monitoring the golf club use would no longer be required,a fence to provide protection of the public surrounding the driving range would still be required.Thus,mitigation measures H-1 and H-2 would be revised as follows (strikethrough text for text removed and underline text for text added): •H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "OGean Trails Driving Range/bot bayout Proposed Amendment Tentative TraGt No.50666", dated February 2,2005Ssubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area and design as described in the review letter by Kip Schulties Golf Design,Inc.,dated March 24,2012..Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. •H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restriGted to using Gertain golf Glubs depending upon whiGh tee area they are hitting from based upon the "Golf Shot Plan".SpeGifiGally,SeGtion "A"of the golf tees '....ill be used for shots traveling up to 140 yards,SeGtion "8"'....iII be used for shots traveling between 140 yards and 215 yards,and SeGtion "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in SeGtions "A","8"and "C"noting distanGes authorized to hit from eaGh tee seGtion. •An on site Golf Professional '....ill monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf Gll:lbs are being I:Ised from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Page 14 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Gol.f Club Driving Range Case No.ZON2008-D0584 March 26,2012 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated proposing to change mitigation measure H-1 so that its reference to a specific plan entitled the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666,dated February 2,2005",which included a safety feature of a 6'high retaining wall with 6'high fence atop,be changed so that the 6'high retaining wall and 6'high fence atop be replaced with an alternative fence that no longer includes the retaining wall ~ortion. Further,the Applicant has requested that Mitigation Measure H-2 be revised to eliminate the 2nd ,3rd and 41 bullet points,whi~h would therefore no longer require that golfers using the driving range use specific golf clubs at specific locations. During the review and analysis of Revision "W",and attached to the MND for Revision "W",was a report by a Golf Safety Consultant that confirmed that there would be no potentially significant adverse hazard impacts to public safety provided the mitigation measures were implemented.Upon visiting the site after the driving range has been in operation,and considering that there have been more than 9,600 users of the driving range without incident,the same Golf Safety Consultant has confirmed (see attachment 'A')that these mitigation measures may be adjusted as discussed above ensuring that there will still not be a potentially significant adverse hazard impact to public safety.While monitoring the golf club use would no longer be required,a fence to provide protection of the public surrounding the driving range would still be required.Thus,mitigation measures H-1 and H-2 would be revised as follows (strikethrough text for text removed and underline text for text added): •H-1:The driving range shall be developed with safety features as proposed in the plan identified as the "OGean Trails Driving Range/bot bayout Proposed Amendment Tentative TraGt No.50666", dated February 2,2005Ssubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driving range and the pedestrian/bicycle trails,both in an area and design as described in the review letter by Kip Schulties Golf Design,Inc.,dated March 24,2012..Any changes to the proposed plan that may affect public safety as determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act. •H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. •Golfers will be restriGted to using Gertain golf Glubs depending upon whiGh tee area they are hitting from based upon the "Golf Shot Plan".SpeGifiGally,SeGtion "A"of the golf tees '....ill be used for shots traveling up to 140 yards,SeGtion "8"'....iII be used for shots traveling between 140 yards and 215 yards,and SeGtion "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in SeGtions "A","8"and "C"noting distanGes authorized to hit from eaGh tee seGtion. •An on site Golf Professional '....ill monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf Gll:lbs are being I:Ised from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Page 14 1-43 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 3.MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat.of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 4,10, 11,13 X Comments:As discussed above in Section 7 -"Biological Resources",due to the slight relocation of a public trail along the southern edge of the driving range,the project as originally approved through Revision "W"would necessitate permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub habitat thereby creating an additional 0.09 acres of impact.However,neither of these areas are occupied by the federally- threatened California gnatcatcher.To mitigate for these impacts,a total of 0.60 acre of coastal sage scrub (along the southern edge of the driving range)would be planted,removed from the previously planned development area under EIR #36,and be added to the adjacent Forrestal Canyon Preserve thereby increasing the area of the Preserve.This new habitat would function as an extension to the Preserve and when combined with the overall net gain in preserved habitat,would result in a benefit to biological resources compared to the project as analyzed in EIR #36. Under this Subsequent MND,a revision to two of the previously adopted "Biological Resources"mitigation measures would occur.The revision,however,only affects the timing of the mitigation measure and would not affect the amount of habitat to be planted as mitigation.Therefore,because the revision is only a minor change in the timing of installation of habitat,the project through this Subsequent MND (Revision "00")will not have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. b)Does the project have impacts that are individually limited,but cumulatively considerable?("Cumulatively considerable"means that the incremental effects of a project are X considerable when viewed in connection with the effects of the past projects,the effects of other current projects,and the effects of probable future projects)? Comments:The proposed project under this Subsequent MND for Revision "00"only results in minor changes to the mitigation measures adopted through the originally certified MND for Revision "W"and thus will not cause any cumulative significant adverse impacts. Page 15 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008.Q0584 March 26,2012 Issues and Supporting Information Sources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 3.MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat.of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 4,10, 11,13 X Comments:As discussed above in Section 7 -"Biological Resources",due to the slight relocation of a public trail along the southern edge of the driving range,the project as originally approved through Revision "W"would necessitate permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub habitat thereby creating an additional 0.09 acres of impact.However,neither of these areas are occupied by the federally- threatened California gnatcatcher.To mitigate for these impacts,a total of 0.60 acre of coastal sage scrub (along the southern edge of the driving range)would be planted,removed from the previously planned development area under EIR #36,and be added to the adjacent Forrestal Canyon Preserve thereby increasing the area of the Preserve.This new habitat would function as an extension to the Preserve and when combined with the overall net gain in preserved habitat,would result in a benefit to biological resources compared to the project as analyzed in EIR #36. Under this Subsequent MND,a revision to two of the previously adopted "Biological Resources"mitigation measures would occur.The revision,however,only affects the timing of the mitigation measure and would not affect the amount of habitat to be planted as mitigation.Therefore,because the revision is only a minor change in the timing of installation of habitat,the project through this Subsequent MND (Revision "00")will not have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. b)Does the project have impacts that are individually limited,but cumulatively considerable?("Cumulatively considerable"means that the incremental effects of a project are X considerable when viewed in connection with the effects of the past projects,the effects of other current projects,and the effects of probable future projects)? Comments:The proposed project under this Subsequent MND for Revision "00"only results in minor changes to the mitigation measures adopted through the originally certified MND for Revision "W"and thus will not cause any cumulative significant adverse impacts. Page 15 1-44 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-Q0584 March 26,2012 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated c)Does the project have environmental effects,which will cause substantial X adverse effects on human beings,either directly or indirectly? Comments:As identified in the Section 9 -"Hazards and Hazardous Materials",the proposed project could have some potentially significant impacts upon human beings as a result of stray golf balls leaving the driving range area. However,those impacts will be mitigated though design and use of the driving range to insignificant levels. 4.EARLIER ANALYSES. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other CEQA process,one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration.Section 15063 (c)(3)(D).In this case a discussion should identify the following items: a)Earlier analysis used. Comments:The analysis included in the Final EIR No.36 for the Ocean Trails project,the two certified Supplemental EIR's to EIR No.36,the certified Mitigated Negative Declaration for the Forrestal Canyon Drainage Improvements,and the Mitigated Negative Declaration for the Driving Range through Revision "W"were used in the preparation of this Subsequent Mitigated Negative Declaration.Various other documents prepared for this project were also used for the analysis in this Subsequent Mitigated Negative Declaration.These documents are available for review at the City of Rancho Palos Verdes,Community Development Department by contacting Mr.Gregory Pfost at (310)544-5228. b)Impacts adequately addressed.Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. Comments:The following effects were addressed by mitigation measures in earlier documents and in some cases were re-addressed through this document:Biological Resources (EIR#36 and Supplement thereto,Forrestal Canyon MND, Driving Range MND);Hazards and Hazardous Materials (EIR#36 and Supplement thereto,Forrestal Canyon MND, Driving Range MND). c)Mitigation measures.For effects that are "Less than Significant with Mitigation Incorporated,"describe the mitigation measures,which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. Comments:The following is a list of all mitigation measures that were applied to the original Driving Range MND (Revision "W")with exception to those that have been modified and are subsequently noted here through this Subsequent MND (Revision "QQ"),some of which were incorporated or refined from earlier documents as described below: LUP-1:Before initiating any work covered by this MND,the applicant shall demonstrate to the Director of Planning,Building and Code Enforcement that such work has been approved by the USFWS,CDFG and CCC.(from EIR#36 Supplement,Forrestal Canyon MND,Driving Range MND) Page 16 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-Q0584 March 26,2012 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated c)Does the project have environmental effects,which will cause substantial X adverse effects on human beings,either directly or indirectly? Comments:As identified in the Section 9 -"Hazards and Hazardous Materials",the proposed project could have some potentially significant impacts upon human beings as a result of stray golf balls leaving the driving range area. However,those impacts will be mitigated though design and use of the driving range to insignificant levels. 4.EARLIER ANALYSES. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other CEQA process,one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration.Section 15063 (c)(3)(D).In this case a discussion should identify the following items: a)Earlier analysis used. Comments:The analysis included in the Final EIR No.36 for the Ocean Trails project,the two certified Supplemental EIR's to EIR No.36,the certified Mitigated Negative Declaration for the Forrestal Canyon Drainage Improvements,and the Mitigated Negative Declaration for the Driving Range through Revision "W"were used in the preparation of this Subsequent Mitigated Negative Declaration.Various other documents prepared for this project were also used for the analysis in this Subsequent Mitigated Negative Declaration.These documents are available for review at the City of Rancho Palos Verdes,Community Development Department by contacting Mr.Gregory Pfost at (310)544-5228. b)Impacts adequately addressed.Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. Comments:The following effects were addressed by mitigation measures in earlier documents and in some cases were re-addressed through this document:Biological Resources (EIR#36 and Supplement thereto,Forrestal Canyon MND, Driving Range MND);Hazards and Hazardous Materials (EIR#36 and Supplement thereto,Forrestal Canyon MND, Driving Range MND). c)Mitigation measures.For effects that are "Less than Significant with Mitigation Incorporated,"describe the mitigation measures,which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. Comments:The following is a list of all mitigation measures that were applied to the original Driving Range MND (Revision "W")with exception to those that have been modified and are subsequently noted here through this Subsequent MND (Revision "QQ"),some of which were incorporated or refined from earlier documents as described below: LUP-1:Before initiating any work covered by this MND,the applicant shall demonstrate to the Director of Planning,Building and Code Enforcement that such work has been approved by the USFWS,CDFG and CCC.(from EIR#36 Supplement,Forrestal Canyon MND,Driving Range MND) Page 16 1-45 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON200a.Q0584 March 26,2012 LUP-2:The proposed project is subject to compliance with the development policies for Subregions 7 and 8 contained in the Rancho Palos Verdes Coastal Specific Plan.These policies are applicable to all development within Subregions 7 and 8.(from EIR#36 Supplement,Driving Range MND) GS-1:Prior to the start of any construction related to the project as described in this MND,the project applicant shall obtain approval from the City Geologist for said construction.If any changes to the design of the project are necessary as a result of said review,and said changes cause a significant impact to any other condition and/or mitigation measure analyzed within this MND,as determined by the Director of Planning,Building and Code Enforcement,the project applicant shall obtain an amendment to the project for the proposed re-design.(Driving Range MND) GS-2:Cut and fill earthwork shall balance within the total project site.(from EIR#36 Supplement,Driving Range MND) GS-3:Prior to issuance of grading permits,subject to review and approval by the City Geologist and the Project Geologist,the developer shall ensure that all applicable conditions as specified in any geological report and/or review,and any subsequent reports or reviews that are prepared are incorporated into the project.(from EIR#36 Supplement,Driving Range MND) GS-4:The developer shall reduce the risk of over-watering associated with the driving range,landscaped, common or public open space,by the use of monitored watering systems as determined by the project Geologist and as approved by the City Geologist.Additionally,prior to the installation of any landscaping or irrigation,the developer shall submit a landscape and irrigation plan,supported by the project geologist,for review and approval by the City and City Geologist.(Driving Range MND) GS-5:The developer shall ensure that runoff from landscaping sources be collected and directed into the project storm drain system to minimize infiltration into subsoils.A drainage plan approved by the project geologist shall be submitted for review and approval by the City and City geologist.(Driving Range MND) GS-6:Prior to grading activities,the project proponent shall obtain a grading permit.Where grading activities have the potential to add loose soil and rocks to any drainageways,an Erosion and Sedimentation Mitigation Plan shall be prepared.The Plan shall identify methods to prevent sedimentation from exiting the construction site.(from EIR#36 Supplement,Driving Range MND) HWC·1:Prior to issuance of grading permits,the developer shall submit a revised Storm Water Pollution Prevention Plan (SWPPP)for review and approval by the Director of Planning,Building and Code Enforcement.The SWPPP shall incorporate by detail or reference appropriate Best Management practices (BMP's)to: 1.lmplement,to the maximum extent practicable,requirements established by appropriate governmental agencies under CEQA,Section 404 of the Clean Water Act,local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies. 2.Maximize,to the maximum extent practicable,the percentage of permeable surfaces to allow more percolation of storm water into the ground,subject to review and approval by the project geologist and City geologist; 3.Minimize,to the maximum extent practicable,the amount of storm water directed to impermeable areas; Page 17 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON200a.Q0584 March 26,2012 LUP-2:The proposed project is subject to compliance with the development policies for Subregions 7 and 8 contained in the Rancho Palos Verdes Coastal Specific Plan.These policies are applicable to all development within Subregions 7 and 8.(from EIR#36 Supplement,Driving Range MND) GS-1:Prior to the start of any construction related to the project as described in this MND,the project applicant shall obtain approval from the City Geologist for said construction.If any changes to the design of the project are necessary as a result of said review,and said changes cause a significant impact to any other condition and/or mitigation measure analyzed within this MND,as determined by the Director of Planning,Building and Code Enforcement,the project applicant shall obtain an amendment to the project for the proposed re-design.(Driving Range MND) GS-2:Cut and fill earthwork shall balance within the total project site.(from EIR#36 Supplement,Driving Range MND) GS-3:Prior to issuance of grading permits,subject to review and approval by the City Geologist and the Project Geologist,the developer shall ensure that all applicable conditions as specified in any geological report and/or review,and any subsequent reports or reviews that are prepared are incorporated into the project.(from EIR#36 Supplement,Driving Range MND) GS-4:The developer shall reduce the risk of over-watering associated with the driving range,landscaped, common or public open space,by the use of monitored watering systems as determined by the project Geologist and as approved by the City Geologist.Additionally,prior to the installation of any landscaping or irrigation,the developer shall submit a landscape and irrigation plan,supported by the project geologist,for review and approval by the City and City Geologist.(Driving Range MND) GS-5:The developer shall ensure that runoff from landscaping sources be collected and directed into the project storm drain system to minimize infiltration into subsoils.A drainage plan approved by the project geologist shall be submitted for review and approval by the City and City geologist.(Driving Range MND) GS-6:Prior to grading activities,the project proponent shall obtain a grading permit.Where grading activities have the potential to add loose soil and rocks to any drainageways,an Erosion and Sedimentation Mitigation Plan shall be prepared.The Plan shall identify methods to prevent sedimentation from exiting the construction site.(from EIR#36 Supplement,Driving Range MND) HWC·1:Prior to issuance of grading permits,the developer shall submit a revised Storm Water Pollution Prevention Plan (SWPPP)for review and approval by the Director of Planning,Building and Code Enforcement.The SWPPP shall incorporate by detail or reference appropriate Best Management practices (BMP's)to: 1.lmplement,to the maximum extent practicable,requirements established by appropriate governmental agencies under CEQA,Section 404 of the Clean Water Act,local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies. 2.Maximize,to the maximum extent practicable,the percentage of permeable surfaces to allow more percolation of storm water into the ground,subject to review and approval by the project geologist and City geologist; 3.Minimize,to the maximum extent practicable,the amount of storm water directed to impermeable areas; Page 17 1-46 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 4.Establish reasonable limits on the clearing of vegetation from the project site,including,but not limited to,regulation of the length of time during which soil may be exposed and,in certain sensitive cases,the prohibition of bare soil;and 5.Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development to the maximum extent practicable. Further,the SWPPP shall contain requirements to be adhered to during project construction.The pre- construction SWPPP shall be reviewed and approved by the Director of Public Works.These practices should: 1.Include erosion and sediment control practices; 2.Address multiple construction activity related pollutants; 3.Focus on BMP's such as source minimization,education,good housekeeping,good waste management,and good site planning; 4.Target construction areas and activities with the potential to generate significant pollutant loads; 5.Require retention on the site,to the maximum extent practicable,of sediment,construction waste, and other pollutants from construction activity; 6.Require,to the maximum extent practicable,management of excavated soil on site to minimize the amount of sediment that escapes to streets,drainage facilities,or adjoining properties; 7.Require,to the maximum extent practicable,use of structural drainage controls to minimize the escape of sediment and other pollutants from the site;and 8.Require,to the maximum extent practicable,containment of runoff from equipment and vehicle washing at construction sites,unless treated to remove sediments and pollutants.(from EIR#36, DriVing Range MND) HWC-2:Pursuant to the National Clean Water Act,the project proponent shall amend their National Pollutant Discharge Elimination System (NPDES)Permit prior to issuance of grading permits.(from EIR#36, Driving Range MND) AQ-1:The developer and/or its contractors will use low emission mobile construction equipment,where feasible during site preparation,grading,excavation and construction of the proposed landslide remediation.(from EIR#36 Supplement,Driving Range MND) AQ-2:During site preparation, grading,excavation and construction,the developer and/or its contractors will water the site,consistent with the requirements of SCAQMD Rule 403 and the City Municipal Code.In addition the developer and/or its contractors will clean the construction equipment every morning and evening to comply with AQMP Fugitive Dust Measures BCM-03 and BCM-06.Prior to grading,the amount of water anticipated to be used for dust control will be approved by the Project Geologist and verified by the City Geologist.(from EIR#36 Supplement,Driving Range MND) AQ-3:During site preparation,grading,excavation and construction,the developer and/or its contractors will wash off trucks leaving the site to comply with AQMP Fugitive Dust Measures BCM-01.(from EIR#36 Supplement,Driving Range MND) AQ-4:During site preparation, grading,excavation and construction,the developer and/or its contractors will spread soil binders on site,unpaved roads and unpaved parking areas.(from EIR#36 Supplement, Driving Range MND) Page 18 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 4.Establish reasonable limits on the clearing of vegetation from the project site,including,but not limited to,regulation of the length of time during which soil may be exposed and,in certain sensitive cases,the prohibition of bare soil;and 5.Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development to the maximum extent practicable. Further,the SWPPP shall contain requirements to be adhered to during project construction.The pre- construction SWPPP shall be reviewed and approved by the Director of Public Works.These practices should: 1.Include erosion and sediment control practices; 2.Address multiple construction activity related pollutants; 3.Focus on BMP's such as source minimization,education,good housekeeping,good waste management,and good site planning; 4.Target construction areas and activities with the potential to generate significant pollutant loads; 5.Require retention on the site,to the maximum extent practicable,of sediment,construction waste, and other pollutants from construction activity; 6.Require,to the maximum extent practicable,management of excavated soil on site to minimize the amount of sediment that escapes to streets,drainage facilities,or adjoining properties; 7.Require,to the maximum extent practicable,use of structural drainage controls to minimize the escape of sediment and other pollutants from the site;and 8.Require,to the maximum extent practicable,containment of runoff from equipment and vehicle washing at construction sites,unless treated to remove sediments and pollutants.(from EIR#36, DriVing Range MND) HWC-2:Pursuant to the National Clean Water Act,the project proponent shall amend their National Pollutant Discharge Elimination System (NPDES)Permit prior to issuance of grading permits.(from EIR#36, Driving Range MND) AQ-1:The developer and/or its contractors will use low emission mobile construction equipment,where feasible during site preparation,grading,excavation and construction of the proposed landslide remediation.(from EIR#36 Supplement,Driving Range MND) AQ-2:During site preparation, grading,excavation and construction,the developer and/or its contractors will water the site,consistent with the requirements of SCAQMD Rule 403 and the City Municipal Code.In addition the developer and/or its contractors will clean the construction equipment every morning and evening to comply with AQMP Fugitive Dust Measures BCM-03 and BCM-06.Prior to grading,the amount of water anticipated to be used for dust control will be approved by the Project Geologist and verified by the City Geologist.(from EIR#36 Supplement,Driving Range MND) AQ-3:During site preparation,grading,excavation and construction,the developer and/or its contractors will wash off trucks leaving the site to comply with AQMP Fugitive Dust Measures BCM-01.(from EIR#36 Supplement,Driving Range MND) AQ-4:During site preparation, grading,excavation and construction,the developer and/or its contractors will spread soil binders on site,unpaved roads and unpaved parking areas.(from EIR#36 Supplement, Driving Range MND) Page 18 1-47 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 AQ-5:During site preparation,grading,excavation and construction,the developer and/or its contractors will apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas,defined as previously graded areas,which remain inactive for 96 or more hours.(from EIR#36 Supplement,Driving Range MND) AQ-6:During site preparation,grading,excavation and construction,the developer and/or its contractors will limits traffic speeds on all unpaved road surfaces on the site,which are used by construction vehicles to 15 mph or less.(from EIR#36 Supplement,Driving Range MND) AQ-7:During grading and excavation,the developer and/or its contractors will suspend grading operations during first and second stage smog alerts.(from EIR#36 Supplement,Driving Range MND) AQ-8:During grading and excavation,the project contractors will suspend all grading operations when wind speeds,as instantaneous gusts,exceed 25mph.(from EIR#36 Supplement,Driving Range MND) AQ-9:During site preparation,grading,excavation and construction,the developer and/or its contractors will maintain construction equipment engines by keeping them tuned consistent with the manufacturer's recommendations.(from EIR#36 Supplement,Driving Range MND) AQ-10:During site preparation,grading,excavation and construction,the developer and/or its contractors will use low sulfur fuel for stationary construction equipment.(from EIR#36 Supplement,Driving Range MND) AQ-11:During site preparation,grading,excavation and construction,the developer and/or its contractors will use on site power sources rather than portable generators as feasible;will use existing power source (e.g.,power poles)or clean fuel generators rather than temporary power generators as feasible;and will use low emission,clean fuel on site stationary equipment as feasible.(from EIR#36 Supplement,Driving Range MND) B-1:If construction occurs within 500 feet of coastal California gnatcatcher active nests during the coastal California gnatcatcher breeding season (February 15-August 15),owner shall implement weekly monitoring of nest sites by a permitted gnatcatcher biologist to determine nest status and potential affects from construction noise.During periods of construction within the 500-foot zone around active nests,the owner shall implement appropriate noise attenuation measures as determined by the project biologist and conduct daily noise monitoring to ensure that noise levels do not exceed 60 dBA leq.Weekly monitoring reports shall be submitted to the Director of Planning,Building and Code Enforcement when construction occurs within the 500-foot limit.(Driving Range MND) B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of certificate of occllpancy for the driving range and prior to issllance of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers.(Driving Range MND as modified through this Subsequent MND) B-3:The project developer shall not impact more than 0.05 acres of coastal sage scrub habitat as part of this proposed project.(Driving Range MND) Page 19 SUbsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 AQ-5:During site preparation,grading,excavation and construction,the developer and/or its contractors will apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas,defined as previously graded areas,which remain inactive for 96 or more hours.(from EIR#36 Supplement,Driving Range MND) AQ-6:During site preparation,grading,excavation and construction,the developer and/or its contractors will limits traffic speeds on all unpaved road surfaces on the site,which are used by construction vehicles to 15 mph or less.(from EIR#36 Supplement,Driving Range MND) AQ-7:During grading and excavation,the developer and/or its contractors will suspend grading operations during first and second stage smog alerts.(from EIR#36 Supplement,Driving Range MND) AQ-8:During grading and excavation,the project contractors will suspend all grading operations when wind speeds,as instantaneous gusts,exceed 25mph.(from EIR#36 Supplement,Driving Range MND) AQ-9:During site preparation,grading,excavation and construction,the developer and/or its contractors will maintain construction equipment engines by keeping them tuned consistent with the manufacturer's recommendations.(from EIR#36 Supplement,Driving Range MND) AQ-10:During site preparation,grading,excavation and construction,the developer and/or its contractors will use low sulfur fuel for stationary construction equipment.(from EIR#36 Supplement,Driving Range MND) AQ-11:During site preparation,grading,excavation and construction,the developer and/or its contractors will use on site power sources rather than portable generators as feasible;will use existing power source (e.g.,power poles)or clean fuel generators rather than temporary power generators as feasible;and will use low emission,clean fuel on site stationary equipment as feasible.(from EIR#36 Supplement,Driving Range MND) B-1:If construction occurs within 500 feet of coastal California gnatcatcher active nests during the coastal California gnatcatcher breeding season (February 15-August 15),owner shall implement weekly monitoring of nest sites by a permitted gnatcatcher biologist to determine nest status and potential affects from construction noise.During periods of construction within the 500-foot zone around active nests,the owner shall implement appropriate noise attenuation measures as determined by the project biologist and conduct daily noise monitoring to ensure that noise levels do not exceed 60 dBA leq.Weekly monitoring reports shall be submitted to the Director of Planning,Building and Code Enforcement when construction occurs within the 500-foot limit.(Driving Range MND) B-2:Subject to review and approval by the Director of Planning,Building and Code Enforcement,CDFG and USFWS,and prior to issuance of certificate of occllpancy for the driving range and prior to issllance of any building permits for residences within Vesting Tentative Tract Map (VTTM)50666,CSS habitat will be revegetated (0.60 acres).Revegetated habitat should be suitable for forage,cover and nesting by coastal California gnatcatchers.(Driving Range MND as modified through this Subsequent MND) B-3:The project developer shall not impact more than 0.05 acres of coastal sage scrub habitat as part of this proposed project.(Driving Range MND) Page 19 1-48 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008..Q0584 March 26,2012 B-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666, !+he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. (Driving Range MND as modified through this Subsequent MND) B-5:Subject to review and approval by the Director of Planning,Building and Code Enforcement,the developer shall install signage along the pedestrian/bicycle trails located adjacent to the driving range, warning trail users not to enter into natural habitat preserve areas to collect any stray golf balls.Said signage shall be installed at appropriate intervals along the trail as approved by the Director of Planning, Building and Code Enforcement and the Project Biologist.If it is determined by the Director of Planning, Building and Code Enforcement that trail users are breaching the trail fencing and entering habitat to obtain stray golf balls,the developer shall cease all driving range operations until such time as a plan,such as,but not limited to the use of security personnel,can be implemented by the developer that would eliminate such activities.(Driving Range MND) H-1:The driVing range shall be developed with safety features as proposed in the plan identified as the "Osean +rails Driving Range/lot layout Proposed Amendment +entative +rast No.50666",dated February 2, 2005S§.ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driVing range and the pedestrian/bicycle trails,both in an area and design as described in the review letter by Kip Schulties Golf Design,Inc.,dated March 24,2012..Any changes to the proposed plan that may affect public safety 2§. determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act.(Driving Range MND as modified through this Subsequent MND) H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driVing range under strict supervision. •Golfers will be restristed to using sertain golf slubs depending upon whish tee area they are hitting from based upon the "Golf Shot Plan".Spesifisally,Sestion "A"of the golf tees will be used for shots traveling up to 140 yards,Sestion "B"will be used for shots traveling between 140 yards and 215 yards,and Sestion "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in Sestions "A","B"and "C"noting distanses authorized to hit from eash tee sestion. •An on site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf slubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited.(Driving Range MND as modified through this Subsequent MND) H-3:If professional tournaments are held where professionals will utilize the driving range,the applicant shall implement measures,which may include,but not be limited to retractable netting that could be used temporarily when professionals are utilizing the range,to ensure that golf balls do not stray from the range and impact adjacent uses.Such tournaments and temporary netting or other measures,shall only be authorized through approval of a Special Use Permit by the City of Rancho Palos Verdes,which requires public notice.(Driving Range MND) Page 20 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008..Q0584 March 26,2012 B-4:Prior to issuance of any building permits for residences within Vesting Tentative Tract Map No.50666, !+he Forrestal Canyon Preserve shall be increased by 0.60 acres.Planting,maintenance and monitoring of new habitat plantings per mitigation measure B-2 shall be in compliance with the project's Habitat Conservation Program and incorporated into the project's annual Habitat Monitoring Program/Reporting. (Driving Range MND as modified through this Subsequent MND) B-5:Subject to review and approval by the Director of Planning,Building and Code Enforcement,the developer shall install signage along the pedestrian/bicycle trails located adjacent to the driving range, warning trail users not to enter into natural habitat preserve areas to collect any stray golf balls.Said signage shall be installed at appropriate intervals along the trail as approved by the Director of Planning, Building and Code Enforcement and the Project Biologist.If it is determined by the Director of Planning, Building and Code Enforcement that trail users are breaching the trail fencing and entering habitat to obtain stray golf balls,the developer shall cease all driving range operations until such time as a plan,such as,but not limited to the use of security personnel,can be implemented by the developer that would eliminate such activities.(Driving Range MND) H-1:The driVing range shall be developed with safety features as proposed in the plan identified as the "Osean +rails Driving Range/lot layout Proposed Amendment +entative +rast No.50666",dated February 2, 2005S§.ubject to review and approval by the Director of Planning,Building and Code Enforcement,that include an angled fence to protect trail users along the trail located on the ocean side and adjacent to the southerly berm of the driving range,and a 6'high decorative fence shall be installed along the southerly portion of the western boundary of the driving range,located between the edge of the driVing range and the pedestrian/bicycle trails,both in an area and design as described in the review letter by Kip Schulties Golf Design,Inc.,dated March 24,2012..Any changes to the proposed plan that may affect public safety 2§. determined by the Director shall be subject to additional environmental analysis,review and approval in compliance with the California Environmental Quality Act.(Driving Range MND as modified through this Subsequent MND) H-2:The proposed use of the driving range shall comply with the following: •Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driVing range under strict supervision. •Golfers will be restristed to using sertain golf slubs depending upon whish tee area they are hitting from based upon the "Golf Shot Plan".Spesifisally,Sestion "A"of the golf tees will be used for shots traveling up to 140 yards,Sestion "B"will be used for shots traveling between 140 yards and 215 yards,and Sestion "C"will be used for shots traveling over 215 yards (see Exhibit C). •Signs will be posted in Sestions "A","B"and "C"noting distanses authorized to hit from eash tee sestion. •An on site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that the proper golf slubs are being used from the proper tees. •When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited.(Driving Range MND as modified through this Subsequent MND) H-3:If professional tournaments are held where professionals will utilize the driving range,the applicant shall implement measures,which may include,but not be limited to retractable netting that could be used temporarily when professionals are utilizing the range,to ensure that golf balls do not stray from the range and impact adjacent uses.Such tournaments and temporary netting or other measures,shall only be authorized through approval of a Special Use Permit by the City of Rancho Palos Verdes,which reqUires public notice.(Driving Range MND) Page 20 1-49 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 H-4: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 immediately cease all use of the driving range until such impacts can be mitigated by the developer.Such mitigation measures shall be reviewed and approval by the City Council.If it is determined that such impacts cannot be mitigated,upon notice by the City,the owner shall cease all use of the driving range.(Driving Range MND) N-1:Project construction activities shall comply with applicable City noise restrictions.Construction activities shall be limited to the hours between 7:00am and 7:00pm,Monday through Saturday.There shall be no construction on Sundays or federally observed holidays.(Driving Range MND) N-2:The use of gardening/maintenance equipment shall be controlled by the 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 revised to incorporate the driving range and shall be submitted for formal review by the Director of Planning,Building and Code Enforcement within 3 months after the first day that the driving range opens for play and annually thereafter for the life of the driving range/golf course.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 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 maintenance may be appealed to the City Council.This condition shall apply to all project owners,present and future.Any violations of this condition may result in cease of operation of the driving range.(Driving Range MND) A-1:Subject to review and approval by the Director of Planning,Building and Code Enforcement,prior to issuance of any grading permits,the applicant shall submit a landscape and irrigation plan that identifies the type of vegetation proposed for the driving range and surrounding areas,specifically including the southerly berm.The type of vegetation utilized shall be consistent with the allowable vegetation permitted on the subject site,as defined in the project's HCP,and shall not be of a type that would grow higher than the ridge elevation of the southerly berm.Further,said vegetation shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.(Driving Range MND) C-1:Before grading activity begins,a qualified paleontologi$t shall be retained to monitor the site during excavation work.This paleontologist will salvage exposed fossils,and,if necessary,direct or divert grading activities to accomplish this goal.In areas where fossils are abundant,full-time monitoring and salvage efforts shall be provided.(from EIR#36,Driving Range MND) C-2:Upon completion of all grading activity,the Project Paleontologist shall ensure that all fossils and their contextual stratigraphic data are forwarded to an institution with a research interest in the materials,such as the Los Angeles County Museum of Natural History.(from EIR#36,Driving Range MND) C-3:Upon completion of all landslide remediation activities,the Project Paleontologist shall ensure that all paleontological material collected during project monitoring activities are donated to a local institution that has proper facilities for creation display,and use by interested scholars and the general public.A report shall also be prepared on the paleontological resources found in the project area for review and approval by the City's Director of Planning,BUilding and Code Enforcement.The plan shall receive sufficient distribution to ensure its availability to future researchers.(from EIR#36,Driving Range MND) Page 21 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-o0584 March 26,2012 H-4: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 immediately cease all use of the driving range until such impacts can be mitigated by the developer.Such mitigation measures shall be reviewed and approval by the City Council.If it is determined that such impacts cannot be mitigated,upon notice by the City,the owner shall cease all use of the driving range.(Driving Range MND) N-1:Project construction activities shall comply with applicable City noise restrictions.Construction activities shall be limited to the hours between 7:00am and 7:00pm,Monday through Saturday.There shall be no construction on Sundays or federally observed holidays.(Driving Range MND) N-2:The use of gardening/maintenance equipment shall be controlled by the 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 revised to incorporate the driving range and shall be submitted for formal review by the Director of Planning,Building and Code Enforcement within 3 months after the first day that the driving range opens for play and annually thereafter for the life of the driving range/golf course.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 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 maintenance may be appealed to the City Council.This condition shall apply to all project owners,present and future.Any violations of this condition may result in cease of operation of the driving range.(Driving Range MND) A-1:Subject to review and approval by the Director of Planning,Building and Code Enforcement,prior to issuance of any grading permits,the applicant shall submit a landscape and irrigation plan that identifies the type of vegetation proposed for the driving range and surrounding areas,specifically including the southerly berm.The type of vegetation utilized shall be consistent with the allowable vegetation permitted on the subject site,as defined in the project's HCP,and shall not be of a type that would grow higher than the ridge elevation of the southerly berm.Further,said vegetation shall be maintained to a height that will not grow higher than the ridge elevation of the southerly berm.(Driving Range MND) C-1:Before grading activity begins,a qualified paleontologi$t shall be retained to monitor the site during excavation work.This paleontologist will salvage exposed fossils,and,if necessary,direct or divert grading activities to accomplish this goal.In areas where fossils are abundant,full-time monitoring and salvage efforts shall be provided.(from EIR#36,Driving Range MND) C-2:Upon completion of all grading activity,the Project Paleontologist shall ensure that all fossils and their contextual stratigraphic data are forwarded to an institution with a research interest in the materials,such as the Los Angeles County Museum of Natural History.(from EIR#36,Driving Range MND) C-3:Upon completion of all landslide remediation activities,the Project Paleontologist shall ensure that all paleontological material collected during project monitoring activities are donated to a local institution that has proper facilities for creation display,and use by interested scholars and the general public.A report shall also be prepared on the paleontological resources found in the project area for review and approval by the City's Director of Planning,BUilding and Code Enforcement.The plan shall receive sufficient distribution to ensure its availability to future researchers.(from EIR#36,Driving Range MND) Page 21 1-50 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-Q0584 March 26,2012 C-4:During project construction activities,microvertebrates from any terrace deposits in the landslide area shall be salvaged.If necessary,the collection of matrix samples shall be processed through fine screens. The Project Paleontologist through the Los Angeles County Museum of Natural History or another qualified facility should coordinate collection of the matrix samples and processing.(from EIR#36,Driving Range MND) Authority:Public Resources Code Sections 21083 and 21087. Reference:Public Resources Code Sections 21080 (c),21080.1,21080.3,21082.1,21083,21083.3,21093,321094, 21151;Sundstrom v.County of Mendocino,202 Cal.App.3d 296 (1988);Leonofffv.Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). 5.SOURCE REFERENCES 1 City of Rancho Palos Verdes,Rancho Palos Verdes General Plan,and associated Environmental Impact Report.Rancho Palos Verdes,California,as amended. 2 City of Rancho Palos Verdes Zoning Map,as amended. 3 City of Rancho Palos Verdes,Coastal Specific Plan and associated Environmental Impact Report. Rancho Palos Verdes,California 4 Robert Bein,William Frost &Associates.Final Environmental Impact Report No.36,Residential Golf Course Development,June 1991. 8 Year 2004 Habitat Monitoring Report for Trump National Golf Club,prepared by Dudek &Associates, dated April 2005 9 2004 Year-end Report for the Trump National Golf Club HCP Area California Gnatcatcher Study, prepared by Dudek &Associates,dated January 21,2005 10 Natural Community Conservation Plan,City of Rancho Palos Verdes 11 Habitat Conservation Plan,Ocean Trails Golf Course 13 P&D Environmental -Forrestal Canyon Drainage Improvements -Mitigated Negative Declaration,dated July 2000 APPENDICES TO THIS MITIGATED NEGATIVE DECLARATION: A.Golf Safety Analysis Page 22 Subsequent Mitigated Negative Declaration Revision QQ -Revision to the Trump National Golf Club Driving Range Case No.ZON2008-Q0584 March 26,2012 C-4:During project construction activities,microvertebrates from any terrace deposits in the landslide area shall be salvaged.If necessary,the collection of matrix samples shall be processed through fine screens. The Project Paleontologist through the Los Angeles County Museum of Natural History or another qualified facility should coordinate collection of the matrix samples and processing.(from EIR#36,Driving Range MND) Authority:Public Resources Code Sections 21083 and 21087. Reference:Public Resources Code Sections 21080 (c),21080.1,21080.3,21082.1,21083,21083.3,21093,321094, 21151;Sundstrom v.County of Mendocino,202 Cal.App.3d 296 (1988);Leonofffv.Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). 5.SOURCE REFERENCES 1 City of Rancho Palos Verdes,Rancho Palos Verdes General Plan,and associated Environmental Impact Report.Rancho Palos Verdes,California,as amended. 2 City of Rancho Palos Verdes Zoning Map,as amended. 3 City of Rancho Palos Verdes,Coastal Specific Plan and associated Environmental Impact Report. Rancho Palos Verdes,California 4 Robert Bein,William Frost &Associates.Final Environmental Impact Report No.36,Residential Golf Course Development,June 1991. 8 Year 2004 Habitat Monitoring Report for Trump National Golf Club,prepared by Dudek &Associates, dated April 2005 9 2004 Year-end Report for the Trump National Golf Club HCP Area California Gnatcatcher Study, prepared by Dudek &Associates,dated January 21,2005 10 Natural Community Conservation Plan,City of Rancho Palos Verdes 11 Habitat Conservation Plan,Ocean Trails Golf Course 13 P&D Environmental -Forrestal Canyon Drainage Improvements -Mitigated Negative Declaration,dated July 2000 APPENDICES TO THIS MITIGATED NEGATIVE DECLARATION: A.Golf Safety Analysis Page 22 1-51 Appendix A Golf Safety Analysis Appendix A Golf Safety Analysis 1-52 ----- "KIPP SCH!ULTIES ~~f7~~~-~\-;~~7-;:-N<~~.:-=~~~~~~(: March 24,2012 Mr.Gregory Pfost Deputy Planning Director City of Rancho Palos Verdes,CA 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 Dear Mr.Pfost: This letter is in response to your request for our continued evaluation of the driving range project at Trump International Golf Club Los Angeles.On October 6,2008,The Trump Organization requested that the requirement of a 6'high decorative fence along the western boundary be installed as a "future mitigation"measure "only"if it is detennined at the time that this fence is needed due to balls leaving the driving range. A second request was made to eliminate conditions that restrict the direction that golfers hit,the restriction of using certain clubs based upon the "Golf Shot Plan"and all signage that goes with the Golf Shot Plan,the oversight of a golf professional to monitor all tees during operating hours and the requirement of a golf professional to prohibit longer shots from the western end of the range when lessons are being given on the eastern end. The reasoning behind this request is that more than 75,000 rounds and more than 9,600 dedicated driving range customers have used the facility without incident (to their knowledge)since the range opened.They also state that there have not been any complaints filed.due to errant golfballs or balls being hit out of the driving range area. In April of 2009,I personally visited the area in question as I was in town for other reasons.I wanted to go by and review the conditions along the pedestrian path to the South and West of the range in case we were asked to make additional comments in the future.During that visit,I counted approximately fifteen (15)golf balls lying on or near the pedestrian path on the South side of the range (mainly in the vicinity of a distance between 160 and 240 yards off the main range tee).I did not notice any balls on or around the path along the Western end of the range.Lastly,in the approximate hour that I was there,I did not notice any pedestrians walking the paths. Based upon a one hour personal sampling,it may be likely that there have not been any complaints or conflicts because the pedestrian "traffic"on these paths is "lite".In combination with only an occasional range ball leaving the range on the South side means that the chance of conflict between pedestrian and golf ball is very slight,but by no means impossible. Kipp SchultieSl GOlf DeSlign,Inc. 123 Andros Harbour Place ,Jupiter,Aorida 33458 561-626-7812 www.ksgd.net ----- "KIPP SCH!ULTIES ~~f7~~~-~\-;~~7-;:-N<~~.:-=~~~~~~(: March 24,2012 Mr.Gregory Pfost Deputy Planning Director City of Rancho Palos Verdes,CA 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 Dear Mr.Pfost: This letter is in response to your request for our continued evaluation of the driving range project at Trump International Golf Club Los Angeles.On October 6,2008,The Trump Organization requested that the requirement of a 6'high decorative fence along the western boundary be installed as a "future mitigation"measure "only"if it is detennined at the time that this fence is needed due to balls leaving the driving range. A second request was made to eliminate conditions that restrict the direction that golfers hit,the restriction of using certain clubs based upon the "Golf Shot Plan"and all signage that goes with the Golf Shot Plan,the oversight of a golf professional to monitor all tees during operating hours and the requirement of a golf professional to prohibit longer shots from the western end of the range when lessons are being given on the eastern end. The reasoning behind this request is that more than 75,000 rounds and more than 9,600 dedicated driving range customers have used the facility without incident (to their knowledge)since the range opened.They also state that there have not been any complaints filed.due to errant golfballs or balls being hit out of the driving range area. In April of 2009,I personally visited the area in question as I was in town for other reasons.I wanted to go by and review the conditions along the pedestrian path to the South and West of the range in case we were asked to make additional comments in the future.During that visit,I counted approximately fifteen (15)golf balls lying on or near the pedestrian path on the South side of the range (mainly in the vicinity of a distance between 160 and 240 yards off the main range tee).I did not notice any balls on or around the path along the Western end of the range.Lastly,in the approximate hour that I was there,I did not notice any pedestrians walking the paths. Based upon a one hour personal sampling,it may be likely that there have not been any complaints or conflicts because the pedestrian "traffic"on these paths is "lite".In combination with only an occasional range ball leaving the range on the South side means that the chance of conflict between pedestrian and golf ball is very slight,but by no means impossible. Kipp SchultieSl GOlf DeSlign,Inc. 123 Andros Harbour Place ,Jupiter,Aorida 33458 561-626-7812 www.ksgd.net1-53 We are not surprised by the request to modify the restrictions of this range area.The Trump Organization has a reputation for excellence within the golf and hospitality business and a restricted or "marginal"range experience does not mesh with that standard.However,in our opinion,achieving exc lIenee at the expense of public safety should not be deemed acceptable. The length and width of the range at Trump Intern tional Los Angeles is appropriate for the vast majority of golfers.But,from a potential iability aspect,having a pedestrian right of way literally framing the outside edge of e range on two sides,there is no way to assure that there will not be a conflict at some pint in the future without some form of protection. The proposed retaining wall on the South side is a ostly structure that,frankly,does not accomplish much.So we agree that constructing is wall is not all that critical. However,to assure safety,there should be some £rm of protection for pedestrians on the South side between the comer were the path turns n a southeasterly direction at the western end and extending that protection back to ard the main range tee until the path gets close to the point where the 36"stOlm drain ns underneath (about 130 yards off the left end of the main tee)-see attachment. One suggestion might be similar to a fence comm nly found behind home plate at a baseball field.Specifically,there is vertical fence hat rises a certain height and then turns outward toward home plate at an angle that ould something close to 30 degrees. The fence may continue out straight until it ends 0 bend and extend across the top of the pedestrian path to a point that is far enough across he path that shots from the range tee have no realistic chance to fall directly on any part of the path.A conceptual sketch of what this may look like is attached as a reference.Please note:This attachment is not to be deemed any kind of official design as it is only onceptual. On the western end of the range,we still suggest at some protection be place.Ifnot a fence with mesh,then a very dense hedge row at I ast eight (8)feet tall with the pedestrian path immediately on the West side oft hedge.The density of the hedge as a replacement for the fencing must be such that it wi I knock down any ball that is hit into it.In addition, this hedge should be placed imme ately next and parallel to the pedestrian path. Ifall of the fencing per the original plan from 200 and 2008 is installed or if some form of a modified version such as that suggested withi this letter is installed,then the City can be assured that they have taken all "reasonabl 'measures to insure the safety of pedestrians on the path as it relates to conflicts wit errant golf balls. We are not surprised by the request to modify the restrictions of this range area.The Trump Organization has a reputation for excellence within the golf and hospitality business and a restricted or "marginal"range experience does not mesh with that standard.However,in our opinion,achieving exc lIenee at the expense of public safety should not be deemed acceptable. The length and width of the range at Trump Intern tional Los Angeles is appropriate for the vast majority of golfers.But,from a potential iability aspect,having a pedestrian right of way literally framing the outside edge of e range on two sides,there is no way to assure that there will not be a conflict at some pint in the future without some form of protection. The proposed retaining wall on the South side is a ostly structure that,frankly,does not accomplish much.So we agree that constructing is wall is not all that critical. However,to assure safety,there should be some £rm of protection for pedestrians on the South side between the comer were the path turns n a southeasterly direction at the western end and extending that protection back to ard the main range tee until the path gets close to the point where the 36"stOlm drain ns underneath (about 130 yards off the left end of the main tee)-see attachment. One suggestion might be similar to a fence comm nly found behind home plate at a baseball field.Specifically,there is vertical fence hat rises a certain height and then turns outward toward home plate at an angle that ould something close to 30 degrees. The fence may continue out straight until it ends 0 bend and extend across the top of the pedestrian path to a point that is far enough across he path that shots from the range tee have no realistic chance to fall directly on any part of the path.A conceptual sketch of what this may look like is attached as a reference.Please note:This attachment is not to be deemed any kind of official design as it is only onceptual. On the western end of the range,we still suggest at some protection be place.Ifnot a fence with mesh,then a very dense hedge row at I ast eight (8)feet tall with the pedestrian path immediately on the West side oft hedge.The density of the hedge as a replacement for the fencing must be such that it wi I knock down any ball that is hit into it.In addition, this hedge should be placed imme ately next and parallel to the pedestrian path. Ifall of the fencing per the original plan from 200 and 2008 is installed or if some form of a modified version such as that suggested withi this letter is installed,then the City can be assured that they have taken all "reasonabl 'measures to insure the safety of pedestrians on the path as it relates to conflicts wit errant golf balls. 1-54 This does not mean that we feel there is no threat of golf ball s being hit out of the range area.In fact,we saw golf balls lying around the pedestrian paths during our visit to the site -at a time when club restrictions,monitoring users of the range and signage were supposedly being governed and promoted by the Trump Organization per the restrictions put forth by the City.Installing the appropriate measures will protect those using the paths from the range JF the City agrees to lift the restrictions.However,until such protective measures are installed to the satisfaction of the City,it would be in the City's best interest to keep the restrictions as defined in tact. As an alternative,if the Trump Organization wishes to eliminate these measures of protection or defer them until such time there is a conflict,then I suggest that the City make them sign a waiver such that any pedestrians that may be injured by errant golf balls while using the pedestrian trails around the driving range be the sole responsibility of Trump International Golf Club. Please feel free to call me if there are any questions (561-626-7812). Sincerely ~ Kipp Schulties President Kipp Schulties Golf Design,Inc. This does not mean that we feel there is no threat of golf ball s being hit out of the range area.In fact,we saw golf balls lying around the pedestrian paths during our visit to the site -at a time when club restrictions,monitoring users of the range and signage were supposedly being governed and promoted by the Trump Organization per the restrictions put forth by the City.Installing the appropriate measures will protect those using the paths from the range JF the City agrees to lift the restrictions.However,until such protective measures are installed to the satisfaction of the City,it would be in the City's best interest to keep the restrictions as defined in tact. As an alternative,if the Trump Organization wishes to eliminate these measures of protection or defer them until such time there is a conflict,then I suggest that the City make them sign a waiver such that any pedestrians that may be injured by errant golf balls while using the pedestrian trails around the driving range be the sole responsibility of Trump International Golf Club. Please feel free to call me if there are any questions (561-626-7812). Sincerely ~ Kipp Schulties President Kipp Schulties Golf Design,Inc. 1-55 TRUMP NA TlaNAl GOLFCLUB DAM'IG RANGE/LOT LAYOUT ffiADING PLAN AMENDMENT -PHASE n TRACT.!'!9.50666 ,'/ /~-~ ..,.'"..~&@~:r;.,.., .'._~:;I].....">~!'--,....,.;;.~- .._.._~.._~&_i~i","~ADIJCIIn"1'tJ~,~_1'UH) -,~--"•.•_II..-:!i1:t.W.:~l£-;:::~== ~liloucl..............~~-- ~'~-~i;l::...i-~~-.-...t:···':~Y;~;cs.~...;:.~~~__:_.~~S9YJ!t .. .~' C',.,j:", '"..•.~'"I' &"'":/;If:.1l!~"L,';fill:;W , ('I'..,',''''""I",..~., ",".~\"f~'iir·~~. 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