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ORD 609 ORDINANCE NO. 609 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND THE CITY TO CLARIFY AND CONSOLIDATE, UNDER ONE AGREEMENT, ALL OF THE PREVIOUSLY- APPROVED CHANGES AND CONDITIONS TO THE DEVELOPMENT OF THE TRUMP NATIONAL GOLF COURSE PROJECT AND TO EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT. WHEREAS, Sections 65864 et seq. of the Government Code of the State of California and Chapter 17.82 of the City of Rancho Palos Verdes' Municipal Code authorize the City of Rancho Palos Verdes (the "City") to enter into binding development agreements and amendments thereto; and, WHEREAS, on June 1, 1992, the City Council of the City adopted Resolution No. 92-53, certifying Environmental Impact Report (EIR) No. 36 and adopted Resolution Nos. 92-54, 92- 55, 92-56, 92-57, approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Development Permit No. 103 (the "CDP"), and Grading Permit No. 1541 for a Residential Planned Development, an 18-hole public golf course, and associated amenities and public open space (the "Original Project") on an approximately 261.4 acre property located in the City (the "Property"); and, WHEREAS, on November 5, 1997, the City Council approved a Development Agreement with the "Zuckerman Entities" and Palos Verdes Land Holding Corporation, L.P., a California limited partnership, pursuant to Ordinance No. 328, which was recorded on December 8, 1997 in the Official Records of Los Angeles County("Official Records") as Instrument No. 97-1929840 ("Original Development Agreement"), pursuant to which original developer("Original Developer") was granted certain vested rights to develop the Original Project; and, WHEREAS, the City Council subsequently approved sixteen various amendments to the Original Development Agreement, including amendments dated September 18, 2001, March 4, 2003, November 20, 2007, March 4, 2008, July 15, 2008, October 21, 2008, January 21, 2009, September 15, 2009, March 16, 2010, September 21, 2010, March 15, 2011, September 20, 2011, March 6, 2012, August 7, 2012, September 16, 2014, and August 16, 2016, each of which were approved by the City Council and recorded in the Official Records (such amendments, together with the Original Development Agreement, are sometimes collectively referred to herein as the "Development Agreement"), which provided for, among other things, the extension of the term of the Original Development Agreement and Tentative Tract Map No. 50666, clarifications and agreements regarding the golf taxes payable by developer to City and golf fees chargeable by developer to users of the golf course; and, WHEREAS, the rights and obligations of the Original Developer under the Development Agreement were assigned to, and assumed by VH Property Corp. (the "Developer") and VHPS, LLC (the "Owner"), which are the current owners of the Property (except for certain portions thereof which have been deeded or dedicated to the City as habitat, open space, and park areas), and Developer (and its predecessors-in-interest) has made substantial progress in completing the development contemplated under the Original Development Agreement, which p g is now known as the Trump National Golf Club Project (the "Project"), including the completion of the Trump National Golf Course, including an 18 hole golf course, driving range, practice areas, golf clubhouse, parking areas, public trails, open space, and related facilities, as well as completion of a majority of the residential buildings, public facilities and other structures set forth in the Final Map for Vesting Tentative Tract No. 50667; and, WHEREAS, the term of, and vested rights conferred by, the existing Development Agreement and VTTM No. 50666 are set to expire on September 21, 2018; and, WHEREAS, the Original Development Agreement is proposed to be amended and restated in full in order to, among other things, to clarify and consolidate, under one agreement, all of the previously-approved changes and conditions to the development of the Project that have occurred over the last 21 years(the most recent of which were approved by the City Council at its public hearings held on Jun 19, 2018 and August 21, 2018, pursuant to Resolution Nos. 2018-39, 2018-57, 2018-58, 2018-59, and 2018-60, the recitals and terms and provisions of which are hereby incorporated within this Ordinance), and to extend the term of the Development Agreement; and, WHEREAS, the Amended and Restated Development Agreement attached hereto as Exhibit A, and incorporated herein by this reference with the same force and effect as set forth in full, has been prepared by City staff, and has been agreed to by the Developer and Owner; and, WHEREAS, the Amended and Restated Development Agreement contains a number of benefits to the City, including, without limitation (i) it clarifies the property and trail easements required to be dedicated to the City, (ii) it incorporates and references the current set of City Council-adopted Conditions of Approval and Mitigation Measures that have been approved over the years to ensure compliance with such Conditions of Approval and Mitigation Measures, (iii) it redefines the scope of work/approved development plan for the Project to conform to the current Conditions of Approval imposed by the City for the Project (which have been revised significantly over the course of the last 21 years with the City Council's approval, but which have not been incorporated into the Development Agreement), (iv) it clarifies and enhances the maintenance and management obligations of the Developer with respect to the public open space, trails, park and recreational areas, streets, paths and parking areas located on the Property and on City-owned property, and (vi) it extends the term of the Development Agreement (which is currently set to expire on September 21, 2018) for a 25 year period to ensure the Project will be completed as intended; and, WHEREAS, on August 14, 2018, the Planning Commission adopted Resolution No. 2018- 22, recommending that the City Council adopt an ordinance approving an Amended and Restated Development Agreement between the City and the Trump Organization (VH Property Corp. and VHPS, LLC.), with modifications to provide for a tracking program to assess the Developer's compliance with its maintenance obligations and to reduce the term of the anticipated completion for the development project from 10 years to 7 years; and, WHEREAS, on September 4, 2018, the City Council conducted a duly noticed public hearing on the proposed Amended and Restated Development Agreement, considered 01203.0018/483444.8 Ordinance No. 609 Page 2 of 4 testimony and materials in the staff report and accompanying documents, and after review and consideration, approved the Amended and Restated Development Agreement, as set forth in Exhibit A, attached hereto; and, WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1. The above recitals are true and correct and are hereby incorporated into this Resolution as set forth herein. Section 2. Pursuant to the California Environmental Quality Act and State CEQA Guidelines, the City Council hereby determines that there is no substantial evidence that the changes and modifications to the Project or to the circumstances under which the Project is undertaken embodied in the Amended and Restated Development Agreement would result in a new or increased significant adverse effect on the environment that was not already considered under EIR No. 36 (and the modifications, addenda, supplementations, and/or mitigated negative declarations or mitigation monitoring programs related thereto or otherwise to the Project, which have previously received approval from City Council). Section 3. The City Council hereby finds the Amended and Restated Development Agreement (attached hereto as Exhibit A) by and between the City and Developer and Owner: A. Conforms with the maps and policies of the General Plan and any applicable specific plan including, without limitation, the City's Coastal Specific Plan; B. Complies with the requirements of California Government Code Sections 65865 through 65869.5; C. Will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public; and D. Provides clear and substantial benefit to the residents of the City of Rancho Palos Verdes. Section 4. The City Council hereby approves the Amended and Restated Declaration of Restrictions attached hereto as Exhibit A. Section 5. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. 01203.0018/483444.8 Ordinance No. 609 Page 3 of 4 Section 6. This Ordinance shall take effect 30 days after its adoption. Section 7. The Mayor, City Manager, and City Clerk or their designees, are authorized and directed to take such actions and execute such documents and certifications as may be necessary to implement and affect execution, recordation and enforcement of this Ordinance and the Amended and Restated Development Agreement with any non-substantive changes or clerical corrections approved by the City Manager and the City Attorney. PASSED, APPROVED, and ADOPTED this 18th day of September 2018. Cbcgt-Ist M yor Attest: 1 - ' Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 609 passed first reading on September 4, 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on September 18, 2018, and that the same was passed and adopted by the following roll call vote: AYES: Cruikshank, Dyda and Mayor Brooks NOES: None ABSENT: None ABSTAIN: Alegria and Duhovic _ wommity Clerk 01203.0018/483444.8 Ordinance No. 609 Page 4 of 4 Ordinance No. 609 Exhibit A Page 1 of 143 Ordinance No. 609 Exhibit A Page 2 of 143 Ordinance No. 609 Exhibit A Page 3 of 143 Ordinance No. 609 Exhibit A Page 4 of 143 Ordinance No. 609 Exhibit A Page 5 of 143 Ordinance No. 609 Exhibit A Page 6 of 143 Ordinance No. 609 Exhibit A Page 7 of 143 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RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on September 19, 2018, she caused to be posted the following document entitled: ORDINANCE NO. 609,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND THE CITY TO CLARIFY AND CONSOLIDATE, UNDER ONE AGREEMENT, ALL OF THE PREVIOUSLY-APPROVED CHANGES AND CONDITIONS TO THE DEVELOPMENT OF THE TRUMP NATIONAL GOLF COURSE PROJECT AND TO EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the forg•'ng is a true and correct affidavit of posting. 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City Clerk