Loading...
RPVCCA_SR_2011_03_15_10_Revision_WW_to_TrumpPUBLIC HEARING Date:March 15,2011 Subject:Revision "WW"to the Trump National Golf Course Project Location:One Ocean Trails Drive 1.Declare the Hearing Open:Mayor Long 2.Report of Notice Given:City Clerk Morreale 3.Staff Report &Recommendation:Gregory Pfost,Deputy Community Development Director 4.Public Testimony: Appellant:N/A Applicant:N/A 5.Council Questions: 6.Rebuttal:N/A 7.Declare Hearing Closed:Mayor Long 8.Council Deliberation: 9.Council Action: 10-1 CITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,COMMUNITY DEVELOPMENT~,<,t"~ DIRECTOR "-1~' MARCH 15,2011 REVISION "W W"TO THE TRUMP NATIONAL GOLF COURSE PROJECT REVIEWED:CAROLYN LEHR,CITY MANAGERWGer c'- Project Manager:Gregory Pfost,AICP,Deputy Community Development Directo~ RECOMMENDATION (1)Adopt Resolution No.2011-_,adopting Addendum 42 to Environmental Impact Report No.36;(2)adopt Urgency Ordinance No._,authorizing an extension to the Development Agreement to September 21,2011;(3)authorize the Mayor and the City Clerk to execute the documents on behalf of the City;(4)extend Vesting Tentative Tract Map No.50666 consistent with the term of the Development Agreement;and (5)adopt Resolution No. 2011-_,amending Grading Permit No.1541 to allow an extension to the operation of the driving range to September 21,2011. 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 November 20,1997,the City entered into a Development Agreement with the former 10-2 property owner (Zuckerman)regarding the project site.The purpose of the Development Agreement was to define the responsibilities and obligations of each party as they pertain to a variety of development and operational aspects of the project,including,but not limited to the maintenance of habitat areas and other public improvements,the golf tax associated with the project,and the Developer's need to purchase easements on portions ofthe City's property (Switchbacks and Shoreline Park)to address habitat mitigation required of the project.The term of the Development Agreement was set at 10 years.As such,the Development Agreement was set to expire on November 20,2007.However,starting on November 20,2007,the City Council has adopted Urgency Ordinances extending the term of the Development Agreement,the latest of which extended the Agreement to March 21, 2011.Past extensions were granted to allow the Developer additional time to address the geologic issues associated with the project and to allow the City and the Developer time to discuss and incorporate various changes and updates to the Development Agreement. On December 20,2005,upon recognizing that not all of the items necessary for the Applicant to complete prior to the permanent opening of the golf course and Driving Range would be completed,the City Council approved Revision "Y"to the Trump National Golf Club,authorizing a 3-month temporary opening of the golf course and Driving Range.The Golf Course officially "temporarily"opened on January 20,2006.At the May 1,2007 Council meeting,Staff was pleased to report that all of the outstanding items necessary for allowing permanent opening of the Golf Course had been completed,including approval by the City Geologist.As such,on May 1,2007,the City Council acknowledged that the Golf Course was officially permanently opened.The Council also approved the Applicant's request to allow the Driving Range to remain open on a "temporary"basis,while the outstanding geologic issues related to the Driving Range are worked out in addition to other construction related items.On September 21,2010,the Council approved the latest extension to the operation of the Driving Range -permitting it to remain open until March 21,2011. Since the terms of the current Development Agreement and Driving Range extension are about to expire,Staff is bringing this item back to the City Council for further extension. DISCUSSION For ease of review,below,Staff has separated the discussion of the extension request for the Development Agreement and the extension request for the Driving Range into two separate sections. Driving Range Extension Request: As the Council may recall,due to un-resolved geologic issues and related disputes between the developer's geologist (Converse)and the City geologist (Cotton Shires) pertaining to existing Landslide A and its potential impacts to the project site if Landslide A were to fail,the Trump Organization had been attempting to obtain geologic approval for the Clubhouse Expansion,the Driving Range,and the residential development of Vesting Tentative Tract Map No.50666 for quite some time.Progress was made when the 10-3 disputes were finally settled by the Peer Panel primarily in support of the Cotton Shires recommendation.Subsequently,after following Cotton Shires/Peer Panel recommendation,more progress was made in summer 2008,when the Driving Range and Residential Lots located between the Driving Range and Palos Verdes Drive South were approved from a geotechnical standpoint.Then,more progress was made when in December 2008,Cotton Shires gave geotechnical approval of the Clubhouse Expansion and the development of the residential homes north of the Clubhouse.Resolution of these geologic issues was a major turning point for this project,for after 8 years of geologic review and dispute,there are no longer any major outstanding geologic issues,and as such development of the remainder of the project may proceed. It is important to note that based upon the approved geology,Converse still needs to prepare a map showing a new Foundation Setback Line within Tract No.50666.However, according to the City Geologist,the Foundation Setback Line location is not directly related to the Landslide A geologic issues that were previously under dispute.Instead,it is important for identifying the buildable area on those 4 lots that are located adjacent to and east of Forrestal Canyon and is based upon the potential erosion effects of Forrestal Canyon on these lots.It is expected that this line will be located only partially on some of the residential lots,and therefore is not expected to significantly affect the development of these lots.If it turns out that the new location of the Foundation Setback Line does significantly affect the buildable portion of these 4 lots,the Developer may decide to propose some changes to lot lines and/or grading of the site,which would require Council approval through a public hearing.Or,the Developer could provide for a different foundation system for these homes,which would not require Council approval.Beyond that,typical of any development project submitted to the City,the Trump Organization will need to prepare specific detailed geotechnical reports when the Clubhouse Expansion and any of the residential homes are submitted for review by the Building Division. While the 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/complied with 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,revegetation 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 signage. 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 conditions/mitigation measures governing the use and design of the Driving Range.These changes include 1)a request for potential view impairing landscaping on the Driving Range,2)removal of an approved retaining wall/fence along the existing trail,3) operational changes governing the Driving Range,and 4)changes to the timing of the installation of 0.60 acres of Coastal Sage Scrub.Additionally,the Trump Organization has informed Coastal Staff that they will be submitting an application to the City for a Lot Line 10-4 Adjustment that would affect their shared property line with neighboring properties in the Portuguese Bend Club. As reported to the Coastal Commission Staff,the Trump Organization has submitted an application to the City requesting revisions to the conditions/mitigation measures governing the use and design of the Driving Range,which is known as Revision "QQ".That application was deemed incomplete by City Staff on November 12,2008.On September 8,2009,Staff received a response from the Trump Organization responding to Staff's November 12,2008 "incomplete"letter.Staff reviewed that response and again deemed the application incomplete on October 5,2009;pending resolution to six incomplete items pertaining to incomplete plans,need to construct a silhouette frame depicting proposed new trees on the driving range,need to clarify their request and type of tree species on the driving range,and payment of fees to cover the City's golf safety consultant to review their proposed request.Once the application has been deemed complete,then their request for Revision "QQ"will be brought to the City Council for review through a public hearing. It should also be noted that City Staff spoke with Coastal Staff and although Coastal Staff prefers that any proposed changes to the Driving Range (through Revision "QQ")be acted upon by the City Council prior to the Coastal Commission acting upon the Driving Range application,given the delays by the Trump Organization on processing Revision "QQ"with the City,Coastal Staff intends on moving forward with processing the application to the Costal Commission without the City acting on Revision "QQ".If the Coastal Commission acts upon the Coastal Permit for the Driving Range prior to the Council's action on Revision "QQ",the Trump Organization may be faced with having to request a Coastal Permit amendment (with new fees)from the Coastal Commission for such changes. Once 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. Development Agreement Extension Request: As the Council is aware,since 1997 when the Development Agreement was first approved, there have been many amendments to the project entitlements,and most of the project has been completed.As noted above,outstanding geologic issues have now been resolved,which means that once a new Foundation Setback Line is established,it will need to be placed on the Final Tract Map No.50666,which governs the western half of the project,so the map can be finaled and residential development in these areas can proceed. Since the developer will still need to amend the map with a new Foundation Setback Line, and this location may affect the development potential of the lots to where the Developer may request some changes to the subdivision design and/or re-grading of the subdivision, there may be a need for the Developer to request changes to the existing entitlements. Furthermore,based upon the changes to the project over the past 12 years,the current status of the project and outstanding issues,Staff believes that the current Development 10-5 Agreement is in need of some additional changes beyond addressing these potential entitlement revisions.Therefore,Staff feels that it would be more advantageous to re- address the Development Agreement when the new Foundation Setback Line has been approved,which will also give Staff and the Developer additional time to work out any details pertaining to other issues associated with the project. Nevertheless,it should be noted that since Cotton Shires approved the geology back in December of 2008 the Trump Organization has not formally submitted any additional information to the City regarding the location of the Foundation Setback Line.However,it has been reported to Staff that the Trump Organization's engineers have determined that the Foundation Setback Line considerably affects the development potential of these lots and as a result they have been evaluating alternatives that would make these lots usable. CONCLUSION Since the City Council last acted on the extension request in September 201 0,it is Staff's position that there has not been a lot of visible progress made towards moving the Driving Range toward a permanent opening.However,until a Coastal Permit has been approved by the Coastal Commission and the outstanding items related to the Driving Range noted above are completed,the Driving Range will need to continue operating under a temporary permit.It should also be noted that until the Applicant addresses the issue with the new Foundation Setback Line,the Final Map for Tract No.50666 cannot be approved and recorded,thereby development of any of the residential lots within that Tract cannot occur. Further,while not related to the Driving Range or Development Agreement,Staff felt it important to note that despite geologic approval of the Clubhouse Expansion in December 2008,the Applicant has not begun the process of obtaining a building permit for said expansion. Based upon the recommendation of the City Attorney,Staff is recommending that the Council continue the status quo and approve the extension for an additional 6-month period.As such,Staff is recommending that the Council adopt the attached resolutions and Urgency Ordinance to extend the temporary use of the Driving Range and Development Agreement for another 6 months -until September 21,2011. ADDITIONAL INFORMATION Environmental Assessment In accordance with the provisions of the California Environmental Quality Act (CEQA),Staff has prepared Addendum No.41 to EIR No.36.The current request,which is analyzed in the addendum,is merely an approximate 6-month extension of time and does not involve any additional physical changes to the subject property.Further,this request is consistent with all mitigation measures found within Certified EIR No.36 and all Supplements and prior Addenda thereto for the Trump National Project,and there will be no changes to the project as a result of this action. 10-6 Public Notice A Notice of Public Hearing for this request was published in the Peninsula News on Thursday,March 3,2011,mailed to all property owners within a 500'radius of the subject site and to the Trump National interested parties list.At the time this report was prepared, Staff had received no public comments on the matter. Status of Flag Pole The City Council approved the Flag Pole in March 2007.The Trump Organization has submitted an application requesting Coastal Commission approval of the Flag Pole.Their request has been tied to their current application before the Coastal Commission for the Driving Range.Since the geology for the Driving Range has been approved,the Driving Range/Flag Pole application could now be reviewed by the Coastal Commission.Staff recently contacted Coastal Staff and although they had originally planned to process the combined Driving Range/Flag Pole application during last summer,for various reasons they were not able to do that.They did indicate that they would be discussing the matter internally and once a decision has been made,they would inform the City of their plans to process the application.Staff will relay any updates to the Council as Staff receives them from Coastal Staff. Application for Ficus Hedges on Driving Range -Revision "TT" The Trump Organization has submitted an application (Revision TT)that requests ficus hedges to be installed at the western edge of the driving range.While Revision QQ discussed above includes a similar request,the Trump Organization submitted Revision TT so that it could track separately from Revision QQ so as not to delay the processing of either.The application for Revision TT was deemed incomplete on June 24,1999.In February 2011,the Trump Organization moved forward with this application by erecting a temporary silhouette frame of the proposed ficus hedge.Staff is currently analyzing the silhouette and once the application is deemed complete,a public hearing notice for this application would be released and the City Council will be required to take action on said application.As the application is currently incomplete,Staff is not yet sure when Revision TT will be presented to the City Council. 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. However,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. 10-7 ALTERNATIVES In addition to the staff recommendation,the City Council may also wish to consider the following alternative: •Decline to extend the Development Agreement and/or temporary use of the Driving Range beyond its current expiration date. FISCAL IMPACT There are no Fiscal Impacts to the City as a result of this decision. ATTACHMENTS: Resolution No.2011-_,for Addendum No.42 Urgency Ordinance No._'Extending the Development Agreement Resolution No.2011-_,Extending the Temporary Operation of the Driving Range 10-8 RESOLUTION NO.2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO.42 TO ENVIRONMENTAL IMPACT REPORT NO.36 IN CONNECTION WITH REVISION "WW"TO THE TRUMP NATIONAL GOLF COURSE PROJECT WHEREAS,an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps,vesting tentative tract maps, conditional use permits,a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18-hole golf course,a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west,the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east;and, WHEREAS,a Draft Environmental Impact Report (DEIR)was prepared and circulated for 45 days from June 7,1991 through July 22,1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public;and, WHEREAS,subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses,the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No.50666 and 43 in Vesting Tentative Tract Map No.50667,and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps,and,due to the changes in the project,an Addendum to the Draft Environmental Impact Report (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.1 03,and Grading Permit No.1541 for an 83 lot Residential Planned Development,public open space,and an 18 hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal Subregions 7 and 8;and, WHEREAS,on December 7,1992,the City Council of the City of Rancho Palos Verdes adopted Resolution No.92-115 approving an Addendum to Environmental Impact Report No.36,in connection with approving Revisions to the Ocean Trails project applications described above,in order to address concerns expressed by the California Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation;and, WHEREAS,on October 5,1993,the City Council of the City of Rancho Palos Verdes adopted Resolution No.93-89 approving a second Addendum to Environmental Impact Report No.36,in connection with re-approval of the Ocean Trails project applications described above,in order to comply with a Court mandate to provide affordable housing in conjunction with the project,pursuant to Government Code Section 65590;and, WHEREAS,on September 6,1994,the City Council of the City of Rancho Palos Verdes adopted Resolution No.94-71 approving a third Addendum to Environmental Impact Report No.36,in connection with 10-9 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,Paseo Del Mar roadway and public trails to accommodate a reconfiguration of the public parking facilities,as well as additional modifications to the public trails in order to provide clarification or to be consistent with the California Coastal Commission's approval and to include an 8.5 acre vacant property owned by the Palos Verdes Peninsula Unified School District into the golf course. 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 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 Resolution No.2011- Page 2 of 6 10-10 traffic impact fees to prior to Final Map No.50666;7),allow an increase in total building area of the clubhouse by permitting a basement space;8),withdrawn by applicant;and 9),revise the hours permitted for golf course landscape gardening;and, WHEREAS,on May 16,2000,the City Council of the City of Rancho Palos Verdes adopted Resolution No.2000-27 approving Addendum No.10 to Environmental Impact Report No.36 and the proposed Revision "K"to the Ocean Trails project,which allowed a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2,1999;and, WHEREAS,on June 21,2000,the City Council of the City of Rancho Palos Verdes adopted Resolution No.2000-38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact Report No.36,adopting a Mitigation Monitoring Program,adopting a Statement of Overriding Considerations, and the proposed Revision "L"to the Ocean Trails project,for the repair of Landslide C at Ocean Trails;and, WHEREAS,on July 18,2000,the City Council of the City of Rancho Palos Verdes approved Revision M to the Ocean Trails Project,thereby approving an amendment to the Habitat Conservation Plan (HCP),an amendment to the HCP Implementing Agreement,and approval of a Conservation Easement over the lower portion of Shoreline Park;and, WHEREAS,on September 5,2000,the City Council of the City of Rancho Palos Verdes approved Revision N to the Ocean Trails Project,thereby approving a Mitigated Negative Declaration and amending the project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons.Revision "N"only amended the drainage for the west side of the Ocean Trails project,involving Forrestal Canyon;and, WHEREAS,on February 20,2001,the City Council of the City of Rancho Palos Verdes approved Revision P to the Ocean Trails Project,thereby approving an amendment to allow Ocean Trails an extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the opening of the clubhouse"to "prior to the opening of the 18-hole golf course";and, WHEREAS,on 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 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 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, Resolution No.2011- Page 3 of 6 10-11 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, WHEREAS,VH Property Corp.,submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "W W"to the Trump National Golf Club project to extend the Development Agreement and Vesting Tentative Tract Map No.50666,and revise Grading Permit No.1541,to allow an additional temporary opening of the driving range to the public;and, WHEREAS,pursuant to the provisions of the California Environmental Quality Act,Public Resources Code Sections 21000 et.seq.("CEQA"),the State CEQA Guidelines,California Code of Regulations,Title 14, Sections 15000 et.seq.,the City's Local CEQA Guidelines,and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement),on March 9,2011,copies of the draft Addendum No.42 to Environmental Impact Report No.36 were distributed to the City Council and prior to taking action on the proposed amendment to the Development Agreement for the Trump National project,the City Council independently reviewed and considered the information and findings contained in Addendum No.42 to EIR No.36;and, Resolution No.2011- Page 4 of 6 10-12 WHEREAS,on March 15,2011,after notice issued pursuant to the provisions of the Development Code,the City Council held a public hearing to consider draft Addendum No.42 to Environmental Impact Report No.36,the proposed amendment to the Development Agreement for the project,and the extension for the use of the driving range,at which time all interested parties were given an opportunity to be heard and present evidence;and, NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND,DETERMINE,AND RESOLVE AS FOLLOWS: Section 1:This request is for an amendment to the Development Agreement to allow an extension to said Development Agreement from March 21,2011 through September 21,2011.Additionally,this request is for an extension of the use of the driving range for the same period.Therefore,pursuant to Sections 15162 and 15164 of the State CEQA Guidelines,approval of Addendum No.42 to the previously certified EIR,rather than the preparation of a subsequent or supplemental EIR,is appropriate for the consideration of the proposed revisions to the Trump National project,based on the following findings: 1.That subsequent changes proposed to the project do notrequire important revisions to the previous EIR,since there are no new significant environmental impacts that have been identified,which were not considered in the previous EIR.This is so,since the proposed changes identified in Section 1 and attached Exhibit "A"would not result in any new or increased impacts to the environment that are not already analyzed within EIR No.36,because it merely extends the life of the Development Agreement and the use of the driving range for specific period and makes no other substantial revisions to the project. 2.That substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken,which would require important revisions to the previous EIR,since, as noted in #1 above,there are no new significant environmental impacts that were not considered in the previous EIR,Supplement and previous Addenda thereto,and the project only changes the period for the temporary use of the driving range and the timing of the life of Development Agreement for the project. 3.That there is no new information of substantial importance to the project which indicates that these proposed changes will have one or more significant effects not discussed previously in the EIR;that significant effects previously examined will not be substantially more severe than shown in the EIR; that no mitigation measures or alternatives,previously found not to be feasible,would now in fact be feasible and would sUbstantially reduce one or more significant effects of the project;or that no mitigation measures or alternatives which were not previously considered in the EIR,would now sUbstantially lessen one or more significant effects of the environment,because this project is only to change the period for the temporary use of the driving range and the life of the Development Agreement for the project. Section 2:In approving Addendum No.42 to EIR No.36,the City Council has reviewed and considered the Addendum No.42 document,attached hereto and made a part thereof as Exhibit "A". Section 3:The Addendum No.42 to EIR No.36 identifies no new potential significant adverse environmental impacts to the areas listed below,beyond those already identified in the Final EIR No.36,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 and 42 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 Resolution No.2011- Page 5 of 6 10-13 7.Circulation and Traffic 8.Air Resources 9.Noise 10.Public Services and Utilities 11.Population,Employment and Housing 12.Fiscal Impacts Section 4:That implementation of the proposed changes to the project would not require additional mitigation measures or significant deletions/modifications to the mitigation measures included in the 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 and 42 to EIR No.36. Section 5:While the implementation of mitigation measures as discussed in 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 and 42 to EIR 36 will further reduce these impacts,it is not possible to entirely eliminate cumulative impacts to the areas of concern listed in Section 1,above.Therefore,the Findings and Statement of Overriding Considerations,as provided in Final EIR No.36,are hereby incorporated by reference. Section 6:All findings,attachments and Statement of Overriding Considerations contained in Resolution Nos.92-53,92-115,93-89,94-71 and 96-15,as adopted by the City Council on June 1,1992, December 7,1992,October 5,1993,September 6,1994,March 11,1996 and September 3,1996, respectively,are hereby incorporated by reference. Section 7: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 8: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 approves Addendum No.42 to Environmental Impact Report No.36,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 15th day of March 2011. 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. 2011-_was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 15,2011. City Clerk Resolution No.2011- Page 6 of 6 10-14 Resolution No.2011-_ Exhibit "A" ADDENDUM NO.42 TO ENVIRONMENTAL IMPACT REPORT NO.36 The City Council has reviewed the proposed Revision "W W"to the Trump National Golf Course Project,which is a request to allow a continued temporary opening of the driving range to the public and an amendment to the Trump National Development Agreement to extend such Development Agreement from March 21,2011 through September 21, 2011,in conjunction with the requirements of the California Environmental Quality Act (CEQA),as well as State and Local CEQA Guidelines,and find as follows: That the approved request would not result in any new or increased impacts to the environment that are not already analyzed within EIR No.36,because it simply allows for the continued temporary opening of the previously approved driving range,which is not being altered,while minor issues related to the project's conditions of approvals are addressed,and will cause slight delays in the completion dates for certain project amenities. Further,1)it merely amends the Development Agreement to extend the life of such Development Agreement for a limited specific period and 2)there have been no substantial changes to the Project or to the environment caused by the extension of the Development Agreement that would cause the Project to significantly impact the environment,nor does the proposed extension of the Development Agreement affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible. Resolution No.2011- Exhibit A 10-15 URGENCY ORDINANCE NO._U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO.11 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT,AUTHORIZING AN EXTENSION TO THE DEVELOPMENT AGREEMENT TO SEPTEMBER 21,2011, AND DECLARING THE URGENCY THEREOF. WHEREAS,California Government Code Section 65864 et seq.authorizes cities to enter into development agreements with private property owners;and WHEREAS,the Rancho Palos Verdes City Council (the "City Council")previously adopted Ordinance No.328 approving that certain Development Agreement (the "Development Agreement")by and between the City of Rancho Palos Verdes (the "City")and Palos Verdes Land Holdings Company,L.P.,a California limited partnership,and the Zuckerman Entities (as defined in the Development Agreeme~t),dated as of November 20,1997,and recorded on December 8,1997,as Instrument No.97-1929840 in the Official Records of Los Angeles County, California;and WHEREAS,pursuant to Government Code Section 65868,development agreements may be amended;and WHEREAS,the City Council previously approved an Amendment to Ocean Trails Development Agreement (the "First Amendment"),by and between the City and Ocean Trails, L.P.,the successor in interest to Palos Verdes Land Holdings Company,L.P.and the Zuckerman Entities,on September 18,2001,and recorded on December 3,2001 as Instrument No.01- 2301342 in the Official Records of Los Angeles County,California.Additionally,the City Council previously approved a second Amendment to the Ocean Trails Development Agreement (the "Second Amendment"),by and between the City and VH Property Corp.,a Delaware corporation, on March 4,2003,and recorded as Instrument No.03-1139102.Furthermore,the City Council previously approved a third Amendment to the Ocean Trails Agreement (the "Third Amendment") by and between the City and VH Property Corp.,a Delaware corporation,on November 20,2007. Furthermore,the City Council previously approved a fourth Amendment to the Ocean Trails 10-16 Agreement (the "Fourth Amendment")by and between the City and VH Property Corp.,a Delaware corporation,on March 4,2008.Furthermore,the City Council previously approved a fifth Amendment to the Ocean Trails Agreement (the "Fifth Amendment")by and between the City and VH Property Corp.,a Delaware corporation,on July 15,2008.Furthermore,the City Council previously approved a sixth Amendment to the Ocean Trails Agreement (the "Sixth Amendment") by and between the City and VH Property Corp.,a Delaware corporation,on October 21,2008. Furthermore,the City Council previously approved a seventh Amendment to the Ocean Trails Agreement (the "Seventh Amendment")by and between the City and VH Property Corp.,a Delaware corporation,on January 21,2009.Furthermore,the City Council previously approved an eighth Amendment to the Ocean Trails Agreement (the "Eighth Amendment")by and between the City and VH Property Corp.,a Delaware corporation,on September 15,2009.Furthermore, the City Council preViously approved a ninth Amendment to the Ocean Trails Agreement (the "Ninth Amendment")by and between the City and VH Property Corp.,a Delaware corporation,on March 16,2010.Furthermore,the City Council previously approved a tenth Amendment to the Ocean Trails Agreement (the "Tenth Amendment")by and between the City and VH Property Corp.,a Delaware corporation,on September 21,2010.The Development Agreement,First Amendment,Second Amendment,Third Amendment,Fourth Amendment,Fifth Amendment, Sixth Amendment,Seventh Amendment,Eighth Amendment,Ninth Amendment and Tenth Amendment are sometimes referred to collectively herein as the "Agreement";and WHEREAS,VH Property Corp.("Developer")is the successor in interest to Ocean Trails,L.P;and WHEREAS,the parties wish to extend the life of the Development Agreement from March 21,2011 through September 21,2011;and WHEREAS,the City Council conducted a duly noticed public hearing on March 15, 2011,at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Eleventh Amendment. Ordinance No.U 10-17 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1.The proposed Eleventh Amendment to the Development Agreement makes a minor amendment to the Development Agreement to extend its life from March 21,2011 through September 21,2011.This minor change to the Development Agreement does not make any physical change to the Project or to the conditions of approval that were imposed on the Project and conforms to the maps and policies of the City's General Plan. Accordingly,the revision to the Development Agreement is consistent with all applicable provisions of the General Plan. Section 2.The proposed Eleventh Amendment to the Development Agreement complies with the requiret!1ents of California Government Code Sections 65865 through 65869.5. Section 3.The proposed Eleventh Amendment to the Development Agreement will not be detrimental,or cause adverse effects,to adjacent property owners, residents,or the general public,since the project will be constructed in accordance with the plans that were approved previously by the City Council,including any amendments to the plans that have been approved previously by the City Council. Section 4.The proposed Eleventh Amendment to the Development Agreement does not alter the clear and substantial benefit to the residents of the City of the Project,since the proposed amendment makes no substantive changes to the Project or to the Development Agreement. Section 5.During the ten-year term of the Development Agreement a major landslide occurred on the property that is subject to the Development Agreement.The landslide delayed completion of the project for several years while the landslide was being studied and repaired.In addition,two additional landslides on the property caused geologic concerns regarding the completion of the portion of the project that is within Tentative Tract Map No. Ordinance No.U 10-18 50666.The geologic issues were not easily resolved and required a panel of three experts to be retained by the City,as requested by the Developer.Some of these issues still need to be resolved before the development of the project can be completed.The failure to resolve these geologic issues in a satisfactory manner could result in additional land failures on the site,which could have an immediate and adverse impact upon the public health,safety and welfare.If the Development Agreement is not extended to September 21,2011,the parties will not be able to revise its terms before it expires.This ordinance,therefore,is necessary for the immediate protection of the public health,safety and welfare and shall take effect immediately upon adoption as an urgency ordinance. Section 6.For the foregoing reasons,and based on the information contained in the staff reports,supporting docume~tation,minutes and other records of the proceedings,all of which are incorporated herein by this reference,the City Council hereby approves the proposed Eleventh Amendment to the Development Agreement with VH Property Corp.,which amendment is attached hereto as Exhibit "A"and incorporated herein by this reference. Section 7.The City Clerk shall cause this Urgency Ordinance to be posted in three (3)public places in the City within fifteen (15)days after its passage,in accordance with the provisions of Section 36933 of the Government Code.The City Clerk shall further certify to the adoption and posting of this Ordinance,and shall cause this Ordinance and its certification, together with proof of posting,to be entered in the Book of Ordinances of the Council of this City. Section 8.This Ordinance shall go into effect and be in full force and effect immediately upon its passage.This ordinance is effective until 11 :59 p.m.on September 21, 2011,unless further extended by the City Council by the adoption of another ordinance. Ordinance No.U 10-19 PASSED,APPROVED and ADOPTED this 15th day of March 2011. 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,do hereby certify that the whole numbers of the City Council of said City is five;that the foregoing Ordinance No._U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 15,2011 by the following vote: AYES: NOES: ABSENT: ABSTAINED: City Clerk Ordinance No._U 10-20 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF RANCHO PALOS VERDES 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275-5391 AMENDMENT NO.11 TO TRUMP NATIONAL DEVELOPMENT AGREEMENT (Pursuant to California Government Code Section 65868) THIS AMENDMENT NO.11 TO TRUMP NATIONAL DEVELOPMENT AGREEMENT ("Eleventh Amendment")is entered into this 15 th day of March 2011 by and between VH Property Corp.,a Delaware corporation ("Developer"),and the City of Rancho Palos Verdes,a municipal corporation organized under the laws of the State of California (the "City"). RECITALS A.Palos Verdes Land Holdings Company,L.P.,a California limited partnership,and the Zuckerman Entities (as defined in the Agreement),as predecessors in interest to Developer,and City entered into that certain Development Agreement (the "Original Agreement")dated as of November 20,1997,and recorded on December 8,1997,as Instrument No.97-1929840 in the Official Records of Los Angeles County,California,as amended by that certain Amendment to Ocean Trails Development Agreement (the "First Amendment"),dated as of September 18,2001,and recorded on December 3,2001 as Instrument No.01-2301342 in the Official Records of Los Angeles County,California;and as further amended by that certain Amendment No.2 to Ocean Trails Development Agreement (the "Second Amendment"),dated as of March 4,2003,and recorded as Instrument No.03-1139102 in the Official Records of Los Angeles County,California;and as further amended by that certain Amendment No.3 to the Ocean Trails Development Agreement (the "Third Amendment"),approved on November 20, 2007;and as further amended by that certain Amendment No.4 to the Ocean Trails Development Agreement (the "Fourth Amendment"),approved on March 4,2008;and as further amended by that certain Amendment No.5 to the Ocean Trails Development Agreement (the "Fifth Amendment"),approved on July 15, 2008;and as further amended by that certain Amendment No.6 to the Ocean Trails Development Agreement (the "Sixth"Amendment),approved on October 21,2008;and as further amended by that certain Amendment No.7 to the Ocean Trails Development Agreement (the "Seventh"Amendment),approved on January 21,2009;and as further amended by that certain Amendment No.8 to the Ocean Trails Development Agreement (the "Eighth"Amendment),approved on 10-21 September 15,2009;and as further amended by that certain Amendment No.9 to the Ocean Trails Development Agreement (the "Ninth"Amendment),approved on March 16,2010;and as further amended by that certain Amendment No.10 to the Ocean Trails Development Agreement (the "Tenth"Amendment),approved on September 21,2010;(referred to collectively with the Original Agreement,as the "Agreement"),pursuant to which Developer has certain vested rights to develop that certain real property described and/or depicted on Exhibit A attached hereto (the "Property").Except as expressly stated to the contrary,all capitalized terms set forth herein shall have the same meaning as set forth in the Agreement. B.City previously approved Tentative Tract Map No.50666 and Tentative Tract Map No.50667 regarding the Property and subsequently approved certain amendments thereto. C.Final Tract Map No.50667 was previously recorded as Instrument No.99- 1934089 in the Office of the County Recorder of Los Angeles County,California, on October 12,1999. D.Both parties wish to extend the Development Agreement to September 21,2011. E.On March 15,2011,the City Council of City adopted Urgency Ordinance No._U,approving this Eleventh Amendment.Developer and City desire to amend the Agreement to reflect the foregoing. AGREEMENT NOW,THEREFORE,in consideration ofthe foregoing recitals,and the mutual promises and agreements contained herein,and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,it is agreed as follows: 1.Section 7 of the Agreement,entitled Term,is hereby amended by replacing paragraph 7.2 at the end of that Section 7 with the following new paragraph 7.2,to read as follows: "7.2 Extension of Development Agreement.This Development Agreement is hereby extended from March 21,2011 through September 21,2011.Vesting Tentative Tract Map No.50666 is hereby extended along with the term of this Development Agreement." 2.Full Force.Except as specifically set forth herein,the Agreement shall remain in full force and effect. 3.Counterparts.This Eleventh Amendment may be executed in one or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument.A facsimile signature shall be deemed an original signature. 10-22 4.Authority.The persons executing this Eleventh Amendment on behalf of Developer and City represent and warrant that they are duly authorized so as to fully and legally bind Developer and City,respectively. 10-23 IN WITNESS WHEREOF,this Eleventh Amendment is executed as of the date first written above. "DEVELOPER": VH PROPERTY CORP., a Delaware corporation By:_ Name:_ Title:_ By:_ Name:_ Title:_ THE "CITY": CITY OF RANCHO PALOS VERDES By:_ Mayor ATTEST: City Clerk 10-24 STATE OF CALIFORNIA COUNTY OF On before me,, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ STATE OF CALIFORNIA COUNTY OF (Seal) On before me,, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _(Seal) 10-25 STATE OF CALIFORNIA COUNTY OF On before me,_ personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~_(Seal) 10-26 RESOLUTION NO.2011· A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO GRADING PERMIT NO. 1541 IN CONJUNCTION WITH REVISION "W W"TO THE TRUMP NATIONAL GOLF CLUB LOCATED IN COASTAL SUBREGIONS 7 AND 8. WHEREAS,an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps,vesting tentative tract maps, conditional use permits,a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18-hole golf course,a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west,the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east;and, WHEREAS,a Draft Environmental Impact Report (DEIR)was prepared and circulated for 45 days from June 7,1991 through July 22,1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public;and, WHEREAS,subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses,the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No.50666 and 43 in Vesting Tentative Tract Map No.50667,and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps,and,due to the changes in the project,an Addendum to the Draft Environmental Impact Report (ADEIR)was prepared;and, WHEREAS,based on review of the Addendum to the Draft Environmental Impact Report,the City determined that the information submitted in the AEIR cited potential additional significant environmental impacts that would be caused by the revised project,and directed preparation of a Supplemental Environmental Impact Report (SEIR).The SEIR,which incorporates information and findings set forth in the Addendum to the Draft Environmental Impact Report,was prepared and circulated for 45 days from March 19, 1992 through May 4,1992,during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR,in conformance with the requirements of the California Environmental Quality Act;and, WHEREAS,on June 1,1992,the City Council of the City of Rancho Palos Verdes adopted Resolution No.92-53,certifying Environmental Impact Report No.36 and adopted Resolution Nos.92-54, 92-55,92-56 and 92-57,respectively approving Vesting Tentative Tract Map Nos.50666 and 50667,Tentative Parcel Map Nos.20970 and 23004,Conditional Use Permit Nos.162 and 163,Coastal Permit No.103 and Grading Permit No.1541 for a Residential Planned Development consisting of a total of eighty-three (83)single family dwelling units,an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos. 7 and 8;and, WHEREAS,on August 12,1992,after finding that an appeal of the City's approval of the project raised a substantial issue,the California Coastal Commission denied Coastal Permit No.1 03,directed the landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes for reconsideration;and, WHEREAS,on December 7,1992,the City Council of the City of Rancho Palos Verdes adopted Resolution No.92-115 approving the Addendum to Environmental Impact Report No.36 and adopted Resolution Nos.92-116,92-117,92-118 and 92-119 approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667,Tentative Parcel Map Nos.20970 and 23004,Conditional Use Permit Nos.162 and 163, Coastal Permit No.103,and Grading Permit No.1541 in order to address concerns raised by the Coastal Commission with regard to adequate provisions for public open space,public access and habitat preservation; and, 10-27 WHEREAS,on April 15,1993,the California Coastal Commission approved Coastal Development Permit No.A-5-RPV-93-5 (Le.Coastal Permit NO.1 03),subject to additional conditions of approval. WHEREAS,on October 5,1993,the City Council of the City of Rancho Palos Verdes adopted Resolution No.93-89 approving a second Addendum to Environmental Impact Report No.36 and adopted Resolution Nos.93-90,93-91,93-92 and 93-93 respectively re-approving Vesting Tentative Tract Map Nos. 50666 and 50667,Tentative Parcel Map Nos.20970 and 23004,Conditional Use Permit Nos.162 and 163, and Grading Permit No.1541 in order to comply with a Court mandate to provide affordable housing in conjunction with the project,pursuant to Government Code Section 65590;and, WHEREAS,on November 5,1993,the California Coastal Commission adopted revised and expanded findings in conjunction with the project;and, WHEREAS,on September 6,1994,the City Council of the City of Rancho Palos Verdes adopted Resolution No.94-71 approving a third Addendum to Environmental Impact Report No.36 and Adopted Resolution Nos.94-72,94-73, 94-74,94-75,94-76 and 94-77,respectively,approving Revision "A"to the approved Ocean Trails project,including,but not limited to,relocation of the golf course clubhouse from the area southwest of the School District property to an area north of Half Way Point,locating the golf course maintenance facility and four (4)affordable housing units southeast of the corner of Palos Verdes Drive South and Paseo Del Mar,reducing the number of single family residential lots from eighty-three (83)to seventy-five (75)and increasing the height of the golf course clubhouse from thirty (30)feet to forty-eight (48)feet;and, WHEREAS,on January 12,1995,the California Coastal Commission approved Coastal Development Permit No.A-5-RPV-93-005A (Le.Coastal Permit NO.1 03),thereby approving its first amendment to the permit,subject to revised conditions of approval;and, WHEREAS,on September 27,1995,the California Coastal Commission approved Coastal Development Permit No.A-5-RPV-93-005A (Le.Coastal Permit No.103),thereby approving its second amendment to the permit;and, WHEREAS,on February 1,1996,the California Coastal Commission approved Coastal Development Permit No.A-5-RPV-93-005A (Le.Coastal Permit No.103),thereby approving its third amendment to the permit;and, WHEREAS,on March 11,1996,the City Council of the City of Rancho Palos Verdes adopted Resolution No.96-15 approving a fourth Addendum to Environmental Impact Report No.36 and Adopted Resolution Nos.96-16,and 96-17,respectively,approving Revision "B"to the approved Ocean Trails project, including,but not limited to,modifying the approved alignment of Paseo del Mar ("A"StreeU"J"Bluff Road), revising the Conditions of Approval regarding several public trails,and relocating the golf course clubhouse approximately 80 feet to the west of its previously approved location;and, WHEREAS,on july 11,1996,the California Coastal Commission approved Coastal Development Permit No.A-5-RPV-93-005A (Le.Coastal Permit NO.1 03),thereby approving its fourth amendment to the permit,subject to revised conditions of approval;and, WHEREAS,on September 3,1996,the City Council of the City of Rancho Palos Verdes adopted Resolution No.96-72 approving a fifth Addendum to Environmental Impact Report No.36 and Adopted Resolution Nos.96-73, 96-74, 96-75,96-76 and 96-77,respectively,approving Revision "C"to the approved Ocean Trails project,including,but not limited to,relocation of two single family residential lots in Vesting Tentative Tract Map No.50667 from the end of Street "A"to the end of Street "C",revisions to the boundaries of open space Lots B,C,G and H,conversion the split-level lots in Vesting Tentative Tract Map No.50667 to single-level lots,revisions to the golf course layout,revisions the public trail system,combination of parallel trails easements,construction of a paved fire access road west of the Ocean Terraces Condominiums and amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for compliance;and, 10-28 WHEREAS,on September 9,1997,the Planning Commission of the City of Rancho Palos Verdes adopted P.C.Resolution No.97-44 approving Revision "0"to the Ocean Trails project,which involved an amendment to Conditional Use Permit No.162 (Residential Planned Development)to modify the minimum rear yard setbacks on Lot Nos.6 through 9 to provide an adequate buffer between the proposed residences and the potential brush fires that may occur on the adjacent habitat area;and, WHEREAS,on April 21,1998,the City Council of the City of Rancho Palos Verdes adopted Resolution No.98-32 approving Revision "E"to the Ocean Trails project,which involved an amendment to Conditional Use Permit No.163 (Golf Course)to modify the bonding requirements for the golf course improvements;and, WHEREAS,on June 16,1998,the City Council of the City of Rancho Palos Verdes adopted Resolution No.98-59,approving Revision "F"to the Ocean Trails project,which involved,modifying the configuration of Streets "C"and "0"and Lot Nos.1 through 13 of Vesting Tentative Tract Map No.50667 to accommodate the final location of the Foundation Setback Line,and a revision to Conditional Use Permit No. 162 (Residential Planned Development)to address maximum building height;and, WHEREAS,on July 14,1998,the Planning Commission adopted P.C.Resolution Nos.98-26 and 98- 27,thereby recommending approval of Addendum NO.6 to EIR No.36 and Revision "G"to Conditional Use Permit No.163 to the City Council;and, WHEREAS,on August 18,1998,the City Council of the City of Rancho Palos Verdes adopted Resolution No.98-76 approvfng 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 June 2,1999,Landslide C at the Ocean Trails site was re-activated;and, WHEREAS,on July 20,1999,the City Council of the City of Rancho Palos Verdes adopted Resolution No.99-55 approving Addendum NO.9 to Environmental Impact Report No.36 and the proposed Revision "J" to the Ocean Trails project,which included 1),the conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners;2)withdrawn by applicant;3),the timing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy;4),delay the construction of two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan;5),lower the approved residential building pad elevations and create split-level pads in VTTM No.50666;6),delay the payment of traffic impact fees to prior to Final Map No.50666;7),allow an increase in total building area of the clubhouse 10-29 by permitting a basement space;8),withdrawn by applicant;and 9),revise the hours permitted for golf course landscape gardening;and, WHEREAS,on May 16,2000,the City Council of the City of Rancho Palos Verdes adopted Resolution No.2000-27 approving Addendum No.10 to Environmental Impact Report No.36 and the proposed Revision "K"to the Ocean Trails project,which allowed a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2,1999;and, WHEREAS,on June 21,2000,the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000-38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact Report No.36, adopting a Mitigation Monitoring Program,adopting a Statement of Overriding Considerations,and the proposed Revision "L"to the Ocean Trails project,for the repair of Landslide C at Ocean Trails;and, WHEREAS,on July 18,2000,the City Council of the City of Rancho Palos Verdes approved Revision M to the Ocean Trails Project,thereby approving an amendment to the Habitat Conservation Plan (HCP),an amendment to the HCP Implementing Agreement,and approval of a Conservation Easement over the lower portion of Shoreline Park;and, WHEREAS,on September 5,2000,the City Council of the City of Rancho Palos Verdes approved Revision N to the Ocean Trails Project,thereby approving a Mitigated Negative Declaration and amending the project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons.Revision "N"only amended the drainage for the west side of the Ocean Trails project,involving Forrestal Canyon;and, WHEREAS,on February 20,2001,the City Council of the City of Rancho Palos Verdes approved Revision P to the Ocean Trails Project,thereby approving an amendment to allow Ocean Trails an extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the opening of the clubhouse"to "prior to the opening of the 18-hole golf course";and, WHEREAS,on 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 4,2001,the City Council of the City of Rancho Palos Verdes approved Revision R to the Ocean Trails Project,thereby revising 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 April 20,2004,the City Council of the City of Rancho Palos Verdes approved Revision "V"to the Ocean Trails Project,thereby allowing 1)basement areas of one-story structures to be excluded from the existing 30%"Maximum Habitable Space"requirement,but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement;2)permitting a change in the height of Lot #2 to allow for a subterranean garage;and 3) permitted construction of retaining walls and access to the proposed subterranean garage;and, WHEREAS,on June 7,2005,the City Council of the City of Rancho Palos Verdes adopted a Mitigated Negative Declaration and approved Revision "w"to the Trump National Golf Club (formally known as Ocean Trails)Project,thereby allowing a driving range to be constructed in place of 16 residential lots within VTTM50666;and, WHEREAS,on December 20,2005,the City Council of the City of Rancho Palos Verdes approved Revision "Y"to the Trump National Golf Club (formally known as Ocean Trails)Project,thereby allowing a 3- month temporary opening of the golf course and driving range;and, 10-30 WHEREAS,on May 2,2006,the City Council of the City of Rancho Palos Verdes approved Revision "Z"to the Trump National Golf Club (formally known as Ocean Trails)Project,thereby amending CUP No.163 allowing a change in the golf course design to permit a new back tee on Hole #2 and an increase in waterfall height for waterfall #1;and, WHEREAS,on JUly 18,2006,the City Council of the City of Rancho Palos Verdes approved Revision "AA"to the Trump National Golf Club Project,thereby amending Grading Permit No.1541,to allow an additional temporary 3-month opening of the golf course and driving range to the public;and, WHEREAS,on October 17,2006,the City Council of the City of Rancho Palos Verdes approved Revision "CC"to the Trump National Golf Club Project,thereby amending Grading Permit No.1541,to allow an additional temporary 3-month opening of the golf course and driving range to the pUblic;and, WHEREAS,on January 16,2007,the City Council of the City of Rancho Palos Verdes,via Minute Order,approved a 1-month extension to the temporary opening of the Golf Course and Driving Range;and, WHEREAS,on February 6,2007,the City Council of the City of Rancho Palos Verdes approved Revision "DO"to the Trump National Golf Club project to revise Grading Permit No.1541,to allow an additional temporary 2-month opening of the golf course and driving range to the public;and, WHEREAS,on May 1,2007,the City Council of the City of Rancho Palos Verdes approved Revision "FF"to the Trump National Golf Club project to revise Grading Permit No.1541,to allow an additional temporary 6-month opening of the golf course and driving range to the public;and, WHEREAS,on October 16,2007,the City Council of the City of Rancho Palos Verdes approved Revision "HH"to the Trump National Golf Club project to revise Grading Permit No.1541,to allow an additional temporary opening of the driving range to the public through December 4,2007;and, WHEREAS,on December 4,2007,the City Council of the City of Rancho Palos Verdes approved Revision "KK"to the Trump National Golf Club project to revise Grading Permit No.1541,to allow an additional temporary opening of the driving range to the public through January 18,2008;and, WHEREAS,on January 16,2008,the City Council of the City of Rancho Palos Verdes approved Revision "LL"to the Trump National Golf Club project to revise Grading Permit No.1541,to allow an additional temporary opening of the driving range to the public through July 18,2008;and, WHEREAS,on July 15,2008,the City Council of the City of Rancho Palos Verdes approved Revision "NN"to the Trump National Golf Club project to revise Grading Permit No.1541,to allow an additional temporary opening of the driving range to the public through October 22,2008;and, WHEREAS,on October 22,2008,the City Council of the City of Rancho Palos Verdes approved Revision "PP"to the Trump National Golf Club project to revise Grading Permit No.1541,to allow an additional temporary opening of the driving range to the public through January 22,2009;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 to revise 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 10-31 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, WHEREAS,VH Property Corp.,submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "w W"to the Trump National Golf Club project to extend the Development Agreement and Vesting Tentative Tract Map No.50666,and revise Grading Permit No.1541,to allow an additional temporary opening of the driving range to the public;and, WHEREAS,pursuant to the provisions of the California Environmental Quality Act,Public Resources Code Sections 21000 et.seq.("CEQA"),the State CEQA Guidelines,California Code of Regulations,Title 14, Sections 15000 et.seq.,the City's Local CEQA Guidelines,and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement),on March 9,2011,copies of the draft Addendum No.42 to Environmental Impact Report No.36 were distributed to the City Council and prior to taking action on the proposed amendment to the Development Agreement for the Trump National project,the City Council independently reviewed and considered the information and findings contained in Addendum No.42 to EIR No.36;and, WHEREAS,on March 15,2011,after notice issued pursuant to the provisions of the Development Code,the City Council held a public hearing to consider draft Addendum No.42 to Environmental Impact Report No.36,and the Applicant's request for Revision "w W"to the Trump National Golf Club project,at which time all interested parties were given an opportunity to be heard and present evidence;and, NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND,DETERMINE,AND RESOLVE AS FOLLOWS: Section 1:This request is to permit an extension of the temporary opening of the driving range. The following conditions of approval of Grading Permit No.1541 are hereby revised as follows (strikethrough text for text removed,bold and underline text fol'text added): E-1.Revision ~uW W",as approved by the City Council on September 21,2010 March 15.2011, permits a temporary opening of the driving range to March 21,2011 September 21.2011. E-2.The Applicant may open the driving range to the public for a temporary period through .Yarch 21, :J().1..1.September 21.2011.The applicant shall operate the site under a public safety plan,approved by the Director of Planning,Building and Code Enforcement and the City Geologist.Such Plan shall clearly designate any hazardous areas that may be un-safe.The plan shall show how these areas are signed,fenced and/or secured from public access.The plan shall also show how participants of the Golf Course and the public visiting the site will be able to traverse the site without entering into these hazardous secured areas.During the temporary operation,all ofthe improvements needed in the plan shall be maintained to the satisfaction of the Director of Planning,Building and Code 10-32 Enforcement and the City's Geologist.Planning,Building and Code Enforcement Staff,Public Works Staff and/or the City's Geologist will be visiting the site during the temporary operation to verify compliance with this condition and the Safety Plan.The Director of Planning Building and Code Enforcement may revoke this temporary permit at any time if,in the opinion of the Director of Planning,Building and Code Enforcement,the City Geologist or the Director of Public Works,the temporary operation may have an adverse affect on the public health,safety and welfare. Section 2:Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines,approval of Addendum No.41 to the previously certified EIR,rather than the preparation of a subsequent or supplemental EIR,is appropriate for the consideration of the proposed revisions to the Trump National Golf Club project, based on the following findings: 1.That subsequent changes proposed to the project do not require important revisions to the previous EIR,since there are no new significant environmental impacts that have been identified, which were not considered in the previous EIR.This is so,since the proposed changes identified in Section 1 and attached Exhibit UP\'to Addendum No.42 would not result in any new or increased impacts to the environment that are not already analyzed within EIR No.36.Specifically,the approved request will simply allow the temporary opening of the driving range while minor issues related to the project's conditions of approvals are addressed.There have been no substantial changes to the Project or to the environment that would cause the Project to significantly impact the environment,nor does the proposed amendment affect a change that would impact the environment in any manner that w.as not previously considered and mitigated to the extent feasible. 2.That substantial changes to·the project would not occur with respect to the circumstances under which the project is undertaken,which would require important revisions to the previous EIR, since,as noted in #1 above,there are no new significant environmental impacts that were not considered in the previous EIR,Supplement and previous Addenda thereto,and the approved project provides for changes that only affect the timing of when certain project amenities will be completed. 3.That there is no new information of substantial importance to the project which indicates that these approved changes will have one or more significant effects not discussed previously in the EIR; that significant effects previously examined will not be substantially more severe than shown in the EIR;that no mitigation measures or alternatives,previously found not to be feasible,would now in fact be feasible and would substantially reduce one or more significant effects of the project;or that no mitigation measures or alternatives which were not previously considered in the EIR,would now substantially lessen one or more significant effects of the environment,because this approved project is only to permit modifications that would cause slight delays in the completion dates for certain project amenities. Section 3:Pursuant to Section 17.76.040 of the Development Code,in approving Revision "W W"to Grading Permit No.1541 for a temporary opening of the driving range,the City Council finds as follows: A.The proposed project does not exceed that which is necessary for the permitted primary use of the lot,as defined in Chapter 17.96 of this title as it would permit the temporary opening of the driving range and cause minor delays to the implementation of certain public amenities. B.The proposed project does not significantly adversely affect the visual relationships with,nor the views from,neighboring properties because the project only affects the timing of the Applicant's compliance with certain conditions. C.The nature of the project does not affect or cause disturbance to the natural contours and finished contours are reasonably natural because the project only affects the timing of the Applicant's compliance with certain conditions. 10-33 D.The project would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because the project only affects the timing of the Applicant's compliance with certain conditions. Section 4: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. Section 5:For the forgoing reasons,and based on information and findings contained in the public record,including staff reports,minutes,records of proceedings,and evidence presented at the public hearings,the City Council of the City of Rancho Palos Verdes hereby approves Revision "W W"to Grading Permit No.1541,which is necessary to protect the public health,safety and general welfare.All other conditions of approval that have been imposed on this project shall remain in effect and are incorporated herein. PASSED,APPROVED,and ADOPTED this 15th day of March 2011. 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. 2011-_was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 15,2011. City Clerk 10-34 RESOLUTION NO.2011-_-EXHIBIT "A" GRADING PERMIT NO.1541-REVISION "WW" CONDITIONS OF APPROVAL A.GENERAL 1.Within thirty (30)days of approval of Revision "W WIt to the Grading Permit,the developers shall submit,in writing,a statement that they have read,understand and agree to all the conditions or approval contained in this exhibit. B.GRADING PLAN 1.Prior to recordation of each Final Map or prior to issuance of grading permits,whichever occurs first,a final grading plan shall be approved by the Director of Public Works and City Geologist,by manual signature.This grading plan shall be based on a detailed engineering,geology and/or soils engineering report(s)and shall specifically be approved by the City Geologist and/or soils engineer and comply with all recommendations submitted by them.It shall also be consistent with the vesting tentative tract maps and conditions,as apcproved by the City. 2.All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a Restricted Use Area on each Final Map,in which the erection of buildings or other structures shall be prohibited. 3.Prior to issuance of grading permits,a bond,cash deposit,or combination thereof,shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the Director of Public Works. 4.Prior to issuance of grading permits and/or recordation of the Final Map,whichever occurs first,written approval must be obtained from the owners of adjacent properties within the City where offsite grading for trails is proposed or may result. 5.A note shall be placed on the approved grading plan that requires the Director of Planning,Building and Code Enforcement's approval of rough grading prior to final clearance.The Director (or a designated staff member)shall inspect the graded sites for accuracy of pad elevations,created slope gradients,and pad size.The developer or its designee shall provide certification for all grading related matters. 6.All of the recommendations made by the Director of Public Works and City Geologist during their on-going review of the project shall be incorporated into the approved grading plans.\ 7.All of the recommendations of the project geologist,except as modified by the City Geologist,will be incorporated into the approved grading plan and design of any structures. 8.All natural and created slopes greater than 3.1 shall be designated as Restricted Use Areas with a note on the Final Map. 9.Prior to issuance of a building permit,an independent Geology and/or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted to and approved by the City Geologist in conformance with accepted City practice.Such soils are defined by Building Code Section 2904(b). 10-35 10.Prior to issuance of a building permit,an as-graded soils and geologic report(s),complete with geologic map shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. 11.Prior to issuance of a building permit,an as-built geological report(s)for structures founded on bed rock and an as-built soils and compaction report for structures founded on fill and all engineered fill areas shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. 12.Foundations and floor slabs cast on expansive soils shall be designed in accordance with Los Angeles County Code Section 2907-i. 13.All grading shall conform to Chapter 29,"Excavations,Foundations,and Retaining Walls, and Chapter 70,"Excavation and Grading"of the Uniform Building Code. 14.Unless otherwise provided in these conditions of approval or permitted by the Director of Planning,Building and Code Enforcement,the project shall comply with all appropriate provisions of the City's grading ordinance (Chapter 17.76.040 (formally 17.50». 15.All grading shall be balanced on-site.However,should earth,rock or other material be required to be hauled from the project site,a revision to the grading permit,pursuant to requirements of the Development Code,shall be obtained. 16.No construction of permanent structures shall be allowed closer than twenty-five (25)feet landward of the Coastal Setback Zone (except for structures associated with public amenities or unless allowed by another project condition of approval).Grading within the Coastal Setback Zone shall be limited to that required for construction of approved trails, parks,vista points,driving range.and golf course holes,as indicated on the approved site plans. 17.Where feasible,and subject to the review and approval of the Director of Planning, Building and Code Enforcement all graded slopes shall be "landform"graded so as to closely reflect naturally occurring topographic contours.Slope gradients shall be natural and no abrupt changes between natural and graded slopes shall be permitted. 18.All proposed retaining walls to be constructed shall be subject to review by the Planning, Building and Code Enforcement with subsequent review by the Planning Commission,if required,for review and approval pursuant to Chapter 17.76.040 (formally 17 .50Lof the Rancho Palos Verdes Development Code. 19.No created slopes within the tract shall exceed 2.1,unless approved by the Director of Planning,Building and Code Enforcement. 20.Prior to the issuance of grading permits,or prior to recordation of a Final Tract Map, whichever occurs first,the developer shall submit a Storm Water Pollution Prevention Plan.The post-construction Storm Water Pollution Prevention Plan shall be reviewed and approved by the Planning Commission.The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post-construction Best Management Practices (BMPs)to: a.Implement,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; 10-36 b.Maximize to the maximum extent practicable,the percentage of permeable surfaces to allow more percolation of storm water into the ground; c.Minimize,to the maximum extent practicable,the amount of storm water directed to impermeable areas; d.Minimize,to the maximum extent practicable:parking lot pollution through the use of appropriate BMPs,such as retention,infiltration and good housekeeping. e.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 e.Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable. Furthermore,the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction.The pre-construction Storm Water Pollution Prevention Plan shall be reviewed and approved by the Director of Public Works.These practices include: a.Include erosion and sediment control practices; b.Address multiple construction activity related pollutants; c.Focus on BMPs such as source minimization,education,good housekeeping, good waste management,and good site planning; d.Target construction areas and activities with the potential to generate significant pollutant loads; e.Require retention on the site,to the maximum extent practicable,of sediment, construction waste,and other pollutants from construction activity; f.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; g.Require,to the maximum extent practicable,use of structural drainage controls to minimize the escape of sediment and other pollutants from the site. h.Require,to the maximum extent practicable,containment of runoff from equipment and vehicle washing at construction sites,unless treated to remove sediments and pollutants. C.CONSTRUCTION PLAN 1.Prior to the issuance of grading permits,a construction plan shall be submitted to the Director of Planning,Building and Code Enforcement for review and approval.Said plan shall include,but not be limited to a phasing plan,limits of grading,estimated length of time for rough grading and construction of improvements, location of construction trailers, construction signs and equipment storage areas and the location and type of temporary utilities. 2.Prior to the issuance of grading permits and/or building permits,a program to control and prevent dust and windblown earth problems shall be submitted to the Director of 10-37 Planning,Building and Code Enforcement for review and approval.Methods may include,but shall not be limited to,onsite watering and vegetative planting. 3.As part of the control plan required in Condition C.2,if feasible,the water used to control fugitive dust shall not be taken from primary potable water sources.Instead,the developer shall explore other options such as using reclaimed "grey water"or other non- potable water to control dust on the site during construction,subject to the review and approval of the Director of Planning,Building and Code Enforcement and the Los Angeles County Health Department. 4.The hours of operation for grading and construction activities shall be limited from Monday to Friday,7am to 7pm and Saturday,7am to 5pm.No grading or construction activities shall be conducted on Sunday or legal holidays recognized by the City.No on- site maintenance of equipment or vehicles shall be permitted before or after the hours indicated.No truck or construction vehicle queuing shall occur before 7am. 5.Flagmen shall be used during all construction activities,as required by the Director of Public Works. 6.The use of a rock crusher on the site is prohibited. 7.Noncompliance with the above construction and/or grading restrictions (Conditions C.1 through C.6)shall be grounds for the City to stop work immediately on the property. D.GRADING/CONSTRUCTION ACTIVITY 1.All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with applicable provisions of the Municipal Code and the recommendations of the Director of Public Works. 2.All grading activity on the site shall occur in accordance with all applicable City safety standards. 3.Areas of the site that are not to be disturbed during grading or construction,or that are to be protected in accordance with the mitigation monitoring program established in Environmental Impact Report No.36,Supplements thereto,and project certified Mitigated Negative Declarations,shall be temporary fenced during construction,subject to the review and approval of the Director of Planning,Building and Code Enforcement. 4.All graded slopes shall be properly planted and maintained.Within ninety (90)days of being graded,all open space/slope areas and all areas that will remain undeveloped shall be hydroseeded and/or planted.Plants shall be selected that are drought tolerant, capable of developing deep root systems and shall generally consist of low ground cover to impede water flow on the surface.Watering for establishment of said plant material shall be done in cycles that will promote deep rooting.Watering shall be diminished or stopped just prior to and during the rainy season or upon establishment of the plant material,whichever occurs first.To provide greater slope protection against scour and erosion,all graded slopes shall be covered with a jute mat to provide protection while the ground cover is being established.If appropriate,the Director of Planning,Building and Code Enforcement may approve an alternative material or method to control erosion. 10-38 GRADING/CONSTRUCTION ACTIVITY FOR REVISION "W"ONLY (FOLLOWING CONDITIONS D-5 THROUGH D-12): 5.All construction activities (Le.grading)will be minimized to the extent feasible within 300 feet of habitat occupied by the gnatcatcher and/or cactus wren during the breeding season. 6.Construction-related noise levels above 60 decibels A-weighted Leq hourly in or adjacent to suitable habitat for the gnatcatcher and/or cactus wren shall be avoided and minimized year-round to the maximum extent practicable,but particularly during the breeding season (February 15-August 15). 7.Gnatcatcher and cactus wren surveys will be conducted by a qualified biological monitor possessing a valid 10(a)permit (for the gnatcatcher)and will be subject to Service approval. 8.A minimum of two pre-construction surveys will be conducted in all suitable habitat within 300 feet of the project site.The first survey will be one week prior to construction activities and the last survey will occur no more than 3 days prior to beginning construction or grading for this project. 9.The Wildlife Agencies will be notified immediately of any gnatcatchers and/or cactus wrens detected during surveys.The Wildlife Agencies and the project proponent will coordinate on a strategy (e.g.,noise monitoring plan,noise attenuation barriers,etc.)to avoid and minimize impacts to gnatcatchers and/or cactus wrens occurring within 300 feet of the project site. 10.A survey report will be provided to the Service upon completion of the final survey.The survey report will contain the date,time,and weather conditions,and all gnatcatcher, cactus wren and brown-headed cowbird (Mo/ofhrus afer)detections will be plotted on a suitably-scaled topographic map of the survey area. 11.The biological monitor will be present during construction activities.The biological monitor will have authority to halt localized construction activities if a gnatcatcher or cactus wren nest is discovered within or adjacent to the project area,and will contact the Wildlife Agencies immediately.If a nest is discovered,construction activities will be restricted within 300 feet of the next until the nestlings fledge or unless other impact reduction measures,to the satisfaction of the Service,are implemented. 12.Dust resulting from construction in or adjacent to the project site shall be minimized using biologically sound techniques (e.g.,earth watering). E.TEMPORARY OPENING OF THE DRIVING RANGE FOR REVISION "W W"ONLY \ 1.Revision "W W",as approved by the City Council on March 15,2011,permits a temporary opening of the driving range to September 21,2011. 2.The Applicant may open the driving range to the public for a temporary period through September 21,2011.The applicant shall operate the site under a public safety plan, approved by the Director of Planning,Building and Code Enforcement and the City Geologist.Such Plan shall clearly designate any hazardous areas that may be un-safe. The plan shall show how these areas are signed,fenced and/or secured from public access.The plan shall also show how participants of the Golf Course and the public visiting the site will be able to traverse the site without entering into these hazardous secured areas.During the temporary operation,all of the improvements needed in the plan shall be maintained to the satisfaction of the Director of Planning,Building and Code 10-39 Enforcement and the City's Geologist.Planning,Building and Code Enforcement Staff, Public Works Staff and/or the City's Geologist will be visiting the site during the temporary operation to verify compliance with this condition and the Safety Plan.The Director of Planning Building and Code Enforcement may revoke this temporary permit at any time if,in the opinion of the Director of Planning,Building and Code Enforcement,the City Geologist or the Director of Public Works,the temporary operation may have an adverse affect on the public health,safety and welfare. 3.With the exception to ficus trees planted on developed single-family residential properties through the approval of a landscape plan,all other ficus trees being temporarily stored on the property shall be removed from the property prior to July 22,2008. 4.Maintenance and/or other project related vehicles shall be prohibited from using the temporary dirt road that runs parallel and adjacent to Palos Verdes Drive South within VTTM No.50666. 10-40