SEPTEMBER 20, 2005 REVISION "Y" TO THE TRUMP NATIONAL GOLF CLUB PROJECT SEPTEMBER 20, 2005 REVISION "Y" TO THE TRUMP NATIONAL GOLF CLUB PROJECT SEPTEMBER 20, 2005 REVISION "Y" TO THE TRUMP NATIONAL GOLF CLUB PROJECT

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: SEPTEMBER 20, 2005

SUBJECT: REVISION "Y" TO THE TRUMP NATIONAL GOLF CLUB PROJECT

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

That the City Council (1) hear and discuss the Applicant's request for a temporary opening of the golf course and driving range; and (2) continue the public hearing to December 1, 2005 when the status of outstanding conditions remaining to be satisfied can effectively be evaluated.

EXECUTIVE SUMMARY

The Applicant has requested that the golf course and driving range be allowed to open to the general public for a temporary 3-month period while the Applicant continues to address the conditions of approval that need to be satisfied prior to the opening of the 18-hole course.

Staff has evaluated the proposal and has concluded that the developer's request is premature and that it would be best to continue the public hearing to December 1, 2005 when the status of some of the outstanding conditions remaining to be satisfied can effectively be evaluated.  Specifically, Staff feels that given the geologic history associated with this site, it is prudent for the City Geologist to at least have a first review of the necessary as-built geologic reports prior to determining whether to permit the golf course to open.  Also, there are certain geologic monitoring issues that the City Geologist has determined are imperative to be addressed prior to the opening of the course to the public.  Furthermore, on a separate, yet related issue, Staff does not feel that the driving range should be opened to the public until final geologic approval has been obtained from either the City's Geologist or the City's Peer Review Board. 

With the exception of the two issues noted above, as shown throughout this report, Staff believes that the other remaining items may be able to be addressed prior to the December 1st Council meeting. 

It should be noted that in addition to the geologic and public safety concerns discussed above, Staff is also concerned about the mechanics of shutting down the temporary opening of the golf course or driving range if the required conditions are not fully satisfied.  While Staff would recommend that a temporary opening would include a condition requiring the developer to come back to the Council for any future extensions of the initial 3-month opening, and that the City certainly would have the right to close the course for public safety reasons or not extend the temporary opening if the conditions of approval still were not fully satisfied, it will be more difficult to close a course that already has been open to the public than waiting to open the course until the conditions and geologic concerns have been satisfied.

BACKGROUND AND PROJECT DESCRIPTION

In June 1992, the City Council approved the Trump National Golf Club project (formally known as Ocean Trails), 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, driving range, clubhouse, 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. Grading for Tract No. 50667 has been completed. Finished Grading and improvements for the Golf Course, Driving Range, Public Parks (Founder's Park, Vista Catalina Park, Sunset Point Park) and trails have also been completed with the exception of items discussed in this report.

Prior to opening the 18-hole golf course and driving range to the public, there are certain conditions of approval that should be satisfied. While many have been satisfied, as of the writing of this report, some still have not. The Applicant is requesting that the City Council allow a temporary opening of the golf course and driving range for a 3-month period while these conditions are being satisfied.

DISCUSSION

Below, Staff has identified the remaining conditions that need to be addressed, their current status, and Staff's recommendation.

1. Approval of the Final As-Built Plan/Geology Report for the Golf Course:

Requirement:

Grading Permit No. 1541, as adopted by the City Council, includes the following condition of approval:

"13. All grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls, and Chapter 70, "Excavation and Grading" of the Uniform Building Code."

Chapter 70 of the Uniform Building Code (UBC) requires that upon final completion of grading, the following information be submitted for review and approval: 1) an As-built Grading Plan showing as graded surface elevations, drainage patterns, drainage facilities and that the work completed was done in accordance with the grading plan; 2) a report by the project soils engineer with a summary statement that indicates that the work is in accordance with the approved soil engineering report and the UBC; 3) a report prepared by the engineering geologist including a final description of the geology of the site, any new information disclosed during grading operations, and a summary statement that indicates that work is in accordance with the approved engineering geologist report and the UBC; and 4) a statement of conformance to said as-built plan and the specifications from the grading contractor. Basically, review and approval of the as-built report is the final step necessary before permanently opening the course for public play - it acts as a Certificate of Use and Occupancy.

Current Status:

Given the magnitude of this project, the developer's geologist has segmented the as-built report into separate reports covering different area and submitting them at different times. The as-built report covering the Landslide C repair area was submitted to the City on October 3, 2005, and at the time this staff report was prepared was still being reviewed by the City's Geologist, Cotton Shires and Associates (CSA). The as-built report for Lake #9 was submitted on October 12, 2005, while the as-built report for the Waterfall at Hole #17 was submitted on October 20, 2005. CSA and the City's Lake/Water Feature Consultant are currently reviewing both of these reports. The as-built report covering the rest of the golf course was submitted on October 24, 2005. The Applicant still needs to submit an as-built report for the Hole #1 Waterfall. Additionally, the City is awaiting the developer to make certain improvements to existing Lakes #8 and #16, as directed by the Peer Review Panel.

The Applicant has responded that the as-built report for Waterfall #1 should be submitted during the week of October 24th, and that they are currently in the process of repairing Lakes #8 and #16. While Staff has not received any additional information as of the writing of this report, Staff will provide a verbal update to the Council at the November 1st Council meeting.

Staff Recommendation:

It is Staff's opinion that the review of the various as-built reports is critical, especially for this project, given the failure of Landslide C and the existence of other geologic features on the property, particularly Landslides A and B. CSA has indicated to Staff that the as-built reports are fairly straight forward and do not typically yield any results that would represent an urgent public safety issue.

While Staff believes that with CSA's approval, it may be possible to issue a temporary permit to operate the golf course for a limited amount of time while these reports are being finalized, Staff feels that it is premature to issue a temporary permit now, when CSA has not yet received all of the as-built reports for the golf course, nor completed their initial review of the other reports that were submitted in October. CSA understands the developer's desire to open the golf course and has committed to a 3-week turnaround in reviewing reports from the date CSA receives authorization from the City to begin work based upon CSA's proposal for the specific work task. If the remaining reports are submitted during the week of October 24th, CSA will most likely not be able to complete their review in time for the November 15, 2005 Council meeting. As such, Staff is recommending that the Council continue review of Revision "Y" to the December 1, 2005 City Council meeting, when resolution of this issue can more effectively be evaluated.

If the as-built reports and other requested information have been reviewed but not approved by the December 1st Council meeting, and CSA is willing to allow temporary use of the golf course, then Staff would recommend the following additional condition of approval for the Council's consideration at the December 1st meeting:

2. Monitoring Program for the Site

Requirement:

Per the Development Agreement between the City and the Applicant, the Applicant is required to submit quarterly monitoring reports that summarize, amongst a variety of other geologic monitoring tasks, the monitoring of the various inclinometers and water monitoring wells on the subject property.

Current Status:

The Applicant has submitted quarterly monitoring reports to the City for review since the monitoring devices were installed. After reviewing the latest monitoring report, the City's Geologist (CSA) requested that the developer's geologist repair 1) certain monitoring devices, 2) provide an explanation regarding the reading of a specific monitoring device, and 3) provide an explanation of why other monitoring devices are no longer needed as determined by the developer's geologist, Converse Consultants.

CSA's main concern is in regards to the second item noted above. Specifically, upon reviewing the monitoring report dated April 11, 2005, CSA identified a slight displacement at the elevation of the bentonite layer in one of the inclinometers within Landslide A. As the Council may be aware, an inclinometer measures land movement, and a bentonite layer is often the slip plane of a landslide. The displacement, monitored on March 4, 2005, was approximately 0.04 inches. Further displacement was again monitored on May 13, 2005 at approximately 0.06 inches, and then again on August 2, 2005 at what appears to be approximately 0.08 inches (the exact measurement on August 2nd is unclear as the submitted plot was at a different scale than the previous two plots of March 4th and May 13th). In a May 23, 2005 letter and September 13, 2005 letter, CSA requested that Converse address this issue. As of the date this report was prepared a letter response from Converse has not been submitted.

The Applicant has verbally indicated to Staff that their geologist (Converse) believes that the inclinometer is defective and needs to be replaced. Additionally, according to the Applicant, Converse believes that the displacement is within the allowable tolerances expected from the inclinometer. Staff has verbally relayed this information to CSA. At this time, CSA has significant concerns about abandoning the existing inclinometer as this ignores the progression of offset already noted in the inclinometer. Unless Converse can demonstrate conclusively that the offset coinciding with the depth of the bentonite is something other than landslide movement, CSA considers that the landslide has moved and that Converse has not addressed this movement satisfactorily nor the implications on public safety. Staff has notified the Applicant not to remove this inclinometer without first being reviewed by CSA. Converse is preparing a report addressing this issue that according to the Applicant will be submitted to the City on October 27th. The letter will be forwarded to the CSA for review and comment.

Staff Recommendation:

The City Geologist has indicated to Staff that their concerns regarding the monitoring devices, which have been expressed to the Applicant, need to be addressed prior to opening the golf course as the monitoring devices are necessary to detect any potential subsurface movement on specific areas of the site. These issues could be addressed by the December 1st meeting. However, until they are addressed to the satisfaction of CSA, Staff recommends that a temporary opening not be permitted.

3. Approval for Temporary Use of the Driving Range

Requirement:

On June 7, 2005, the City Council approved Revision "W" for a proposed driving range. The owner must now obtain final approval from the California Coastal Commission. The owner has submitted an application to the California Coastal Commission for such revision, however, according to Coastal Staff, it is currently incomplete. Anticipating that the driving range would not be reviewed by the Coastal Commission prior to the LPGA tournament held at the end of September, the Applicant applied for and received approval of a Coastal Permit from the City on July 8, 2005. The Coastal Permit allowed the owner to proceed with the construction and "temporary" operation of the Driving Range (as conditionally approved by the City Council on June 7, 2005) for the proposed LPGA tournament. The "temporary" operation of the Driving Range was only to be for the LPGA event and would not be open to the public until the California Coastal Commission had approved the permanent Driving Range. More specifically, the following conditions of approval were added to the Coastal Permit:

"3. Approval of Case No. ZON23005-00325 is for the temporary construction and operation of a Driving Range prior to the California Coastal Commission review and approval of the Permanent Driving Range as approved through Revision "W" by the City of Rancho Palos Verdes. More specifically, this approval allows the owner to proceed with the construction of the Driving Range (as conditionally approved by the City Council on June 7, 2005 through Revision "W") and temporarily operate the Driving Range for their proposed LPGA (Ladies Professional Golf Association) Golf Event."

"4. The temporary operation of the Driving Range will only be for the proposed LPGA event to be held between September 26, 2005 and October 2, 2005. The Driving Range shall not be open to the general public or used for any other event until the California Coastal Commission has approved the permanent Driving Range.

If the California Coastal Commission does not approve of the permanent Driving Range, then the owner shall remove all improvements associated with the development and operation of the proposed driving range."

Current Status:

The developer has not yet obtained approval from the California Coastal Commission for the driving range.

Additionally, although the developer has submitted a geologic report pertaining to the construction of the driving range, the developer has not yet obtained final approval from the City's geologist on said report. The main reason for not obtaining final geologic approval is due to the dispute between the developer's geologist and the City's geologist pertaining to the sub-surface configuration of Landslide A, and the related Foundation Setback Line that determines where structures may be built. The Council may recall that Landslide A is located between the driving range and the Pacific Ocean. A Geologic Peer Review Board was set up to settle the dispute pertaining to the configuration of Landslide A. At the time that the Peer Review Board was set up, residential lots were affected by Landslide A as opposed to the driving range that exists today.

While the Board has issued a draft report on the Landslide A issue, this report has not been finalized, as it is pending a meeting of all parties to discuss the reports draft recommendations, which include, amongst other items, the need for additional subsurface investigation. While Staff has encouraged the Applicant to move forward with setting up a meeting to so that the Panel may final their report, the developer has not indicated a desire to do so at this time. Staff is aware that part of the reason in delay, is the developer's continued work on the Clubhouse expansion geologic report, which according to the Applicant has not yet been completed due to delays caused by the consultant that was charged with doing the additional subsurface exploration related to the Clubhouse expansion. The developer feels that there is a link between the subsurface geologic investigations related to the Clubhouse expansion and the Landslide A issues.

While the developer contends that a driving range should be able to be constructed regardless of the subsurface geology as there are no related structures and it is no different than Holes #10 and #11 which are constructed over Landslide A, the City's geologist cannot approve a report for the driving range as the developer's geologist is still using a geologic model that the City's geologist disagrees with. Accordingly, the Applicant has two options: one, the Applicant's geologist needs to change the model so that the City's Geologist can approve it, or two, obtain the Peer Review Panel's approval for the developer's model, thereby overturning the City geologist's decision.

Knowing that the developer would want to open the driving range to the public as soon as possible, Staff reminded the Applicant in August of these two alternatives. However, neither a revised report nor a meeting with the Board has occurred to date.

Staff Recommendation:

Given that the City's geologist has not yet granted final geologic approval, and final approval has not been obtained by the Coastal Commission, Staff does not feel it prudent to give any type of temporary opening of the driving range. Staff believes that the Applicant should proceed quickly with either of the two alternatives described in the preceding section, and then move forward with their application to the Coastal Commission.

4. Final on Trails/Parks/Landscaping throughout the Site:

Requirement:

The Council approved Public Amenities Plan requires certain trails and parks to be completed prior to the opening of the 18-hole golf course. The related conditions are as follows:

"The following trail improvements, interpretive signs and trail fencing shall be installed and open for use by the public prior to commencement of play on the golf course… the trails shall be improved to the standards required in the project conditions of approval (contained in Resolution Nos. 96-73 and 96-74) and depicted on the approved Trail Plan of the final Public Amenities Plan, including the installation of permanent fencing and signage, prior to the commencement of play on the golf course.

Trail Improvements

Park Improvements

Trail improvements

Current Status:

The City's landscape architect consultant and Staff have conducted an on-site inspection of the required trails and parks noted above. All of the trails/parks noted above have been installed, however, there is a punch list of minor items that need to be addressed for some of the trails and parks. This list addresses trail signage and minor improvements. The developer is working with Staff on a daily basis to complete all of the items.

Staff Recommendation:

Given that the remaining items on the punch list are minor, do not cause significant impacts to health, safety and welfare, and can be completed prior to December 1st or within the timeframe of the requested temporary opening, Staff feels that complete compliance with these conditions should not hold up a temporary opening of the golf course for a specified period of time. Staff will continue to work with the Applicant to ensure that all of the punch list items are addressed. It should be noted that all of the trails and parks are to be maintained by the developer, and that Staff envisions over time that due to vandalism and/or weathering, trail and park amenities will need to be replaced.

5. City Planning Staff Review of Final As-Built Plan:

Requirement:

The Council approved Conditional Use Permit No. 163, for the golf course and related structures/uses, includes the following conditions:

"F-1. The design and layout of the 18 hole golf course shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Site Plan for Conditional Use Permit Amended Map No. 2," dated June 19, 1996, prepared by ESCO Engineering Service Corporation, and dated as received by the City on August 2, 1996. Prior to commencement of the construction of the golf course, the final design of the golf course shall be submitted for review by the Director of Planning, Building and Code Enforcement and subsequently submitted for review and approval by the City Council for compliance with the plan referenced in this condition. The final design of the golf course shall identify the layout of the golf course holes and other improvements, including drainage structures, utility easements, golf cart paths, public trails and beach access. Wherever possible, the final design of the golf course shall minimize any conflict between the use of the golf holes and the public trails."

"F-2 Any changes in the project which results in significant changes in the development characteristics of the approved conceptual plan per Condition F.1 above, shall require that an application for a revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification of any items reasonably related to the request, and shall be subject to approval by the City Council. Before any minor changes are made to the development, the Director of Planning, Building and Code Enforcement shall report to the City Council a determination of significance."

Current Status:

Staff has completed a review of the final as-built plan, comparing it to the original grading plan. With the development and construction of a golf course, changes to provide contouring, sand traps and revisions to fairways, tees and greens are to be expected. In review, Staff focused on consistency in grade elevations, general layout, required amount of habitat acreage on the golf course, trail and park locations, and any changes that may cause impacts to adjacent neighbors. With two exceptions, Staff has found that the completed golf course, trails, parks, etc are in substantial compliance with the original plan.

The first exception is in regards to the landscaping/mound heights directly adjacent to and behind Waterfall #1. Staff is concerned regarding these improvements as they affect existing ocean views from the Seaview neighborhood and therefore Staff needs to make sure that they were constructed at the proper height. While the landscaping/mounds may be at the proper height, Staff has not yet received a final engineering certification.

The second exception is in regards to the new back tees for Hole #2, which are located just inland of the mounds/landscaping discussed in the preceding paragraph. Staff feels that these tees are significantly higher than originally planned and subsequently may impair views.

Staff Recommendation:

Staff believes that certification of the mounds/landscaping can be completed prior to December 1st or within the timeframe of the temporary permit, and therefore this should not hold up the issuance of a temporary permit. Additionally, although Staff has a concern regarding the back tees for Hole #2, this could be addressed through a revision to the Conditional Use Permit if the Applicant still desires to keep the back tees at their current elevation. Staff recommends that a CUP amendment application be submitted by the Applicant prior to the approval of any temporary opening of the golf course.

6. Palos Verdes Drive South Landscaping/Roadway Improvements:

Requirement:

The Council approved Vesting Tentative Tract Map Nos. 50666 and 50667 include the following condition (portion thereof):

"I-3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive…In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club…Construction on the improvements noted above shall be completed prior to issuance of building permits for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancy for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first..."

In summary, the condition requires full street improvements and landscaping from the Portuguese Bend Club entrance (Conqueror Drive) to La Rotonda Drive.

Current Status:

While most of the Palos Verdes Drive roadway improvements have been completed, the roadway improvements between Ocean Trails Drive and Conqueror Drive have not. While the developer has indicated that they could landscape the median at this time, they are still seeking permission from Cal-Water for a water hook up to supply irrigation. In addition to the median landscape improvements, the developer is still required to widen the eastbound lane 1-2 feet, install a trail and landscaping on the seaward side of the roadway, make curb and gutter improvements in front of the Portuguese Bend Club, and install a left turn pocket in the median to access Tract No. 50666. The developer has indicated that they wish to wait to complete these improvements as they are related to the development of Phase II, which is the development of Tract No. 50666.

Staff Recommendation:

Initially, the condition of approval for the Palos Verdes Drive Street improvements did not include a timing mechanism on when the improvements needed to be completed. On April 20, 2004, the City Council approved Revision "V" to the project, which allowed modifications to the design standards of the residential lots within Tract No. 50667. Through this approval, Condition I-3 above was modified to provide the current timing mechanism for when the street improvements needed to be completed - "prior to the opening of the 18-hole golf course". Staff acknowledges that the current property owner, and in fact the prior property owner, had always intended to construct the PVDS roadway improvements in 3 phases, the last phase being the section between Conqueror Drive and Ocean Trails Drive. This was to be the last phase in order to coincide with the development of Tract No. 50666, which was the final phase of the project development. While the driving range has been completed, other improvements to Tract No. 50666 have not. The developer is requesting that Condition I-3 be changed to permit these remaining improvements to be constructed prior to the issuance of any permit for a residence within Tract No. 50666. Staff supports this request as these improvements are directly related to the development of Tract No. 50666. This is consistent with other conditions of approval that permit a delay in the construction of certain trails within Tract No. 50666 prior to the development of residential units within the tract.

As such, Staff recommends that the condition be modified as such (bold underline text for new text and strikethrough text for text to be removed):

"I-3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive…In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club…With the exception of the improvements between Conqueror Drive and Ocean Trails Drive, construction on the improvements noted above shall be completed prior to issuance of building permits for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancy for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first. For the roadway improvements and related landscaping between Conqueror Drive and Ocean Trails Drive, the developer shall complete said improvements prior to the issuance of any permits for a residence within Tract No. 50666.

7. Affordable Housing Units Ready for Occupancy:

Requirement:

The Council approved Vesting Tentative Tract Map Nos. 50666 and 50667 and Conditional Use Permit Nos. 162 and 163 include the following condition (portion thereof):

CUP No. 163, Condition "D-1: The developer shall provide a minimum of four (4) dwelling units on-site as rental housing, which shall be affordable to very low to low income households. These units shall be provided on-site in conjunction with development of the golf course. Each unit shall contain at least 850 square foot of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided for each unit. The units shall be available for rent prior to the opening of the 18-hole golf course…

Current Status:

While the four affordable units have been constructed and finaled, one of the units currently contains a temporary sales office. This office needs to be removed prior to the opening of the 18-hole golf course.

Staff Recommendation:

The Applicant has submitted an application for a Special Use Permit (SUP) to accommodate a temporary sales office in a trailer located on one of the residential building pads of Tract No. 50667. The Applicant has indicated that once the SUP has been approved and modifications to the trailer have been made to accommodate the sales office, the office will be relocated. Staff estimates that this SUP will be approved prior to the November 1st Council meeting. As such, Staff estimates that the temporary sales office could be moved out of the existing affordable housing unit and said unit could be made available for rent prior to December 1st. Staff recommends that a temporary opening of the golf course not be authorized until the temporary sales office has been relocated and the unit has been rented. Additionally, since the other 3 units are ready for occupancy, Staff recommends that these 3 units be rented prior to a temporary opening of the golf course. Proof that these 4 units have been rented to qualified persons is required to be submitted to the City.

ADDITIONAL INFORMATION

As the Council may know, in addition to the many City conditions of approval and mitigation measures that the developer must comply with, there are also many California Coastal Commission conditions of approval that must be complied with. While some of those conditions mirror the City's conditions others do not. Many of the Coastal Commission's conditions require compliance prior to the opening of the 18-hole course. Recently, the developer requested the Coastal Commission Staff permit the developer to open the golf course and driving range. The Coastal Commission Staff responded with a letter indicating that the existing permit does not allow the opening of the golf course until they meet the conditions as required in the current permit. Their letter outlined the various conditions that need to be satisfied. Below is a summary of the items that still need to be addressed through the Coastal Commission prior to the opening of the golf course and driving range:

A. City Acceptance of Founder's Park: While the Council approved the acceptance of the Park and related Indemnity Agreement, and the City sent such documents to Trump National on August 22, 2005, these documents have yet to be signed by Trump National, and as such they have not been recorded. Trump National has requested some very minor revisions to the documents prior to recordation. These revisions have been completed. Staff anticipates that this issue may be resolved and the acceptance may be recorded prior to December 1st.

B. City Acceptance of Certain Trails: The City is required to accept certain trails in the project prior to the Commission's authorization for the golf course to open. The City has requested that Trump National provide a description of such trails, but this information has yet to be submitted. Once submitted, the City Engineer will need to review and approve it. Then, it will need to be accepted by the City Council, with appropriate Indemnity Agreement, at a future Council meeting. Staff estimates that this could occur at the December 1st Council meeting.

C. Installation of Signs: Certain signs are required to be installed. The Applicant has recently installed many signs at the project site. Staff assumes that the Coastal Commission Staff will soon make an inspection to verify that all necessary signs have been installed.

D. Habitat Installed to Meet Slide Repair Mitigation: On September 20th, City Staff, Coastal Staff and the Resource Agencies met to inspect various project habitat areas. On October 20, 2005, the City received verification from the Resource Agencies that they are satisfied with the habitat installation. Staff assumes that the Coastal Commission Staff is satisfied with this response in meeting their condition.

E. Temporary Operation of the Driving Range: While the Coastal Commission Staff letter did not address the driving range; Commission Staff has indicated that they do not have the authority to allow the temporary opening of the driving range until the Commission has approved the permanent driving range. As noted above, the Applicant has submitted a request to the Commission for the permanent driving range, however that application remains incomplete.

The Coastal Commission Staff is charged with ensuring that the conditions noted above are satisfied. As such, the developer will also need to obtain Coastal Staff approval for a temporary opening of the golf course and driving range. Staff recommends that if the City Council were considering allowing the temporary opening of the golf course, that it be conditioned upon the Coastal Commission's approval as well.

ALTERNATIVE

In addition to the Staff recommendation, the City Council may also wish to consider the following alternative:

FISCAL IMPACT

There are no Fiscal Impacts to the City as a result of this decision.

Respectfully submitted:

Joel Rojas, AICP

Director of Planning, Building

and Code Enforcement

Reviewed By:

Les Evans

City Manager

ATTACHMENTS:

Letter from Trump National, dated October 13, 2005

Letter from Trump National, dated October 14, 2005