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CC RES 2021-047 RESOLUTION NO. 2021-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 48 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH REVISION "GGG" TO THE TRUMP NATIONAL GOLF CLUB 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 (RPD) 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 DEIR 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 (VTTM) No. 50666 and 43 in VTTM No. 50667, and an 18 hole-golf course with related facilities within the boundaries of both VTTMs, and, due to the changes in the project, an Addendum to the DEIR was prepared; and, WHEREAS, based on review of the Addendum to the DEIR, the City determined that the information submitted 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 DEIR, 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 (CEQA); and, WHEREAS, on June 1, 1992, the City Council adopted Resolution No. 92-53 certifying Environmental Impact Report (EIR) No. 36, in connection with VTTM Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 for an 83 lot RPD, 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 adopted Resolution No. 92-115 approving Addendum No. 1 to EIR No,. 36, in connection with approving revisions to the Trump National Golf Club project(formally known as Ocean Trails project) applications described above, in order to address concerns expressed by the California Coastal Commission (CCC) with regard to adequate provisions for public open space, public access and habitat preservation; and, WHEREAS, on October 5, 1993, the City Council adopted Resolution No. 93-89 approving Addendum No. 2 to EIR No. 36, in connection with re-approval of the Trump National Golf Club 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 adopted Resolution No. 94-71 approving Addendum No. 3 to EIR No. 36, in connection with approval of Revision "A" to the Trump National Golf Club project applications described above, in order to incorporate changes to the project made by the CCC 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 adopted Resolution No. 96-15 approving Addendum No. 4 to EIR No. 36, in connection with approval of Revision "B" to the Trump National Golf Club project applications described above, in order to incorporate changes to the project made by the CCC 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 CCC'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 adopted Resolution No. 96-72 approving Addendum No. 5 to EIR No. 36, in connection with approval of Revision "C" to the Trump National Golf Club project applications described above, in order to relocate two single family residential lots in VTTM 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 VTTM 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 adopted Resolution No. 98-76 approving Addendum No. 6 to EIR No. 36 and the proposed Revision "G" to the Trump National Golf Club 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 Resolution No 2021-47 Page 2 of 10 the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a 2-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 adopted Resolution No. 99-10 approving Addendum No. 7 to EIR No. 36 and the proposed Revision "H" to the Trump National Golf Club project, which included: changing six of the residential lots within VTTM No. 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 six 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 Trump National Golf Club project to be expanded to include Sundays through March 21, 1999. WHEREAS, on May 4, 1999, the City Council adopted Resolution No. 99-29 approving Addendum No. 8 to EIR No. 35 and the proposed Revision "I" to the Trump National Golf Club 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 Trump National Golf Club project, involving La Rotonda Canyon; and, WHEREAS, on July 20, 1999, the City Council adopted Resolution No. 99-55 approving Addendum No. 9 to EIR No. 36 and the proposed Revision "J" to the Trump National Golf Club 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 No. 50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5) lower the approved residential building pad elevations and create split-level pads in VTTM No. 50666; 6) delay the payment of traffic impact fees to prior to Final Map No. 50666; 7) allow an increase in total building area of the clubhouse by permitting a basement space; 8) withdrawn by applicant; and 9) revise the hours permitted for golf course landscape gardening; and, WHEREAS, on May 16, 2000, the City Council adopted Resolution No. 2000-27 approving Addendum No. 10 to EIR No. 36 and the proposed Revision "K" to the Trump National Golf Club 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 adopted Resolution No. 2000-38 certifying a Final Supplemental EIR to EIR No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations, and the proposed Revision Resolution No. 2021-47 Page 3 of 10 "L"to the Trump National Golf Club project, for the repair of Landslide C at Trump National Golf Club; and, WHEREAS, on July 18, 2000, the City Council approved Revision "M" to the Trump National Golf Club 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 approved Revision "N"to the Trump National Golf Club 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 Trump National Golf Club project, involving Forrestal Canyon; and, WHEREAS, on February 20, 2001, the City Council approved Revision "P" to the Trump National Golf Club project, thereby approving an amendment to allow Trump National Golf Club 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 approved Revision "Q" to the Trump National Golf Club 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 approved Revision "R" to the Trump National Golf Club 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 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 VTTM No. 50666;, and, WHEREAS, on April 20, 2004, the City Council approved Revision "V"to the Trump National Golf Club project to revise CUP No. 162, 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 no. 2 to allow for a subterranean arae; and 3) permitted construction of retainingwalls and access to the proposed garage; p p p subterranean garage; and, Resolution No. 2021-47 Page 4 of 10 WHEREAS, on October 4, 2005, the City Council approved Revision "X" to the Trump National Golf Club project to revise CUP No. 162 so as to 1) allow a change in the maximum habitable area for lots 26-29 in Tract No. 50667; 2) allow a change in the maximum building height for lots no. 24-29 in Tract No. 50667, which includes allowing lots 24 and 25 to have partially subterranean garages; 3) allow lots 24, 25 and 29 in Tract No. 50667 to grade and construct improvements over existing 2:1 slopes; 4) allow up to 30% of the front and rear facades of all two-story and split level structures to have a full two story façade without being broken by an architectural feature; and 5) to decrease the lot area of Lot D, within VTTM No. 50666 from 1.4 acres to 1.0 acres; and, WHEREAS, on November 20, 2007, the City Council approved Amendment No. 3 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from November 20, 2007, through March 9, 2008; and, WHEREAS, on March 4, 2008, the City Council approved Amendment No. 4 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from March 9, 2008, through July 18, 2008; and, WHEREAS, on July 15, 2008, the City Council approved Amendment No. 5 to the. Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from July 18, 2008, through October 22, 2008; and, WHEREAS, on October 21, 2008, the City Council approved Amendment No. 6 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from October 22, 2008, through January 22, 2008; and, WHEREAS, on January 21, 2009, the City Council approved Revision "RR" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM 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, VTTM 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 Resolution No 2021-47 Page 5 of 10 WHEREAS, on September 15, 2009, the City Council approved Revision "SS" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM 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 approved Revision "UU" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM 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 approved Revision "W" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM 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, on March 15, 2011, the City Council approved Revision "WW" to the Trump National Golf Club project, which extended the life of the Development Agreement 'and existing VTTM No. 50666 from March 21, 2011, through September 21, 2011, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2011; and, WHEREAS, on September 20, 2011, the City Council approved Revision "XX" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 21, 2011, through March 21, 2012, and revised Grading Permit No. '1541 to allow an additional temporary opening of the driving range to the public through September 21, 2012; and, WHEREAS, on March 6, 2012, the City Council approved Revision "AAA" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from March 21, 2012, through September 21, 2012, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2012; and, WHEREAS, on August 7, 2012, the City Council approved Revision "BBB" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 21, 2012, through September 21, 2014, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2014; and, WHEREAS, on September 16, 2014, the City Council approved Revision "DDD" to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 21, 2014, through September Resolution No 2021-47 Page 6 of 10 21, 2016, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2016; and, WHEREAS, on August 16, 2016, the City Council adopted Resolution No. 2016-36, approving Addendum No. 47 to EIR No. 36; adopted Urgency Ordinance No. 587U, authorizing an extension to the Development Agreement to September 21, 2018; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution Nos. 2016-37 and 2016-38, approving Revision "EEE" to Grading Permit No. 1541 to allow an extension to the operation of the driving range to the public through September 21, 2018; and, WHEREAS, on June 19, 2018, the City Council adopted Resolution No. 2018-39, approving Revision "FFF"to Conditional Use Permit No.162 to amend Condition No. Fl.0 (Resolution No. 2008-85) to remove the requirement to build a solid 5-foot to 6-foot tall wall along the west property line adjacent to the properties in the Portuguese Bend Club; consolidate the various conditions of approval tied to the Trump National Golf Club project; and update the 1997 Public Amenities Map; and, WHEREAS, on December 22, 2020, Anthony Ogundipe (Applicant) submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "GGG" to allow Lot No. 11 to be constructed at 16 feet from pad of the one-story structure, and 26 feet from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16 feet above the existing pad elevation; 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 September 14, 2021, copies of the draft Addendum No. 48 to EIR No. 36 were distributed to the City Council in its City Council agenda packet and on September 21, 2021, prior to taking action on the proposed Revision "GGG"to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 48 to EIR No. 36; and, WHEREAS, on September 21, 2021, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 48 to EIR No. 36 and the proposed Revision "GGG"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: Revision "GGG" to the Trump National Golf Club project is to allow a change in the maximum building height for Lot No. 11 of Tract No. 50667. Pursuant to Resolution No. 2021-47 Page 7 of 10 Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 48 to the previously certified EIR No. 36, rather than the preparation of a subsequent or supplemental EIR, is appropriate for the consideration of the proposed revision 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 "A" would not result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36. Specifically, Revision "GGG"will not result in adverse impacts to 1) views from neighboring properties nor the public right-of- way in the vicinity as the proposed subterranean features will not be readily visible, 2) parking or traffic related matters, and 3) geology. Furthermore, there have been no substantial changes to the project or to the environment that would cause the project to significantly impact the environment, nor does the proposed amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible. 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 above, there are no new significant environmental impacts that were not considered in the previous EIR, Supplement and previous Addenda thereto, and the project is limited to changesIII that will not be readily visible from neighboring properties nor the public right-of- way in the vicinity. 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 allow modifications that would not be readily visible to neighboring properties or from the public right-of- way. Section 2: In approving Addendum No. 48 to EIR No. 36, the City Council has reviewed and considered the Addendum No. 48 document, attached hereto and made a part thereof as Exhibit "A". Section 3: The Addendum No. 48 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 Resolution No. 2021-47 Page 8 of 10 Nos. 1 through 48 to EIR No. 36, as a result of the proposed revisions to the Trump National Golf Club project: 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning 7. Circulation and Traffic 8. Air Resources 9. Noise 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts Section 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 Addenda Nos. 1 through 48 to EIR No. 36. Section 5: While the implementation of mitigation measures as discussed in the Final EIR No. 36 and the Supplemental, and the Second Supplemental, and Addenda EIR Nos. 1 through 48 to EIR No. 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 hereby approves Addendum No. 48 to EIR No. 36, based on the City Council's determination that the document was completed in compliance with the requirements of CEQA and State and local guidelines with respect thereto. 111 Resolution No. 2021-47 Page 9 of 10 PASSED, APPROVED, and ADOPTED this 21st day of September 2021. s • L,U5Liar. . Eric Alegria, Mayo Attest: eresa oka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2021-47, was duly adopted by the City Council of said City at a regular meeting thereof held on September 21, 2021. 711c, eresa aoka, City Cle I Resolution No 2021-47 Page 10 of 10 Resolution No. 2021-47 Exhibit "A" ADDENDUM NO. 48 TO ENVIRONMENTAL IMPACT REPORT NO. 36 The City Council has reviewed the proposed Revision "GGG" to the Trump National Golf Club project, which is a request to allow a change in the maximum building height for lot No. 11 of Tract No. 50667 to accommodate a subterranean garage and exterior basement patio area, 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 no significant impacts will result from the approved changes. Specifically, Revision "GGG"will not result in adverse impacts to 1) views from neighboring properties nor the public right-of-way in the vicinity as the proposed subterranean features will not be readily visible, 2) parking or traffic related matters, and 3) geology. Furthermore, 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 111 impact the environment in any manner that was not previously considered and mitigated to the extent feasible. I Resolution No 2021-47 Exhibit A Page 1 of 1