Rancho Palos Verdes City Council
   




TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: APRIL 18, 2006

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

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

That the City Council: 1) adopt Resolution No. 2006-__, approving Addendum No. 20 to Environmental Impact Report No. 36, 2) adopt Resolution No. 2006-__, amending Grading Permit No. 1541 to allow an additional 3-month extension to the operation of the golf course and driving range on a temporary basis; and 3) continue the public hearing for an amendment to Conditional Use Permit No. 163 addressing an increase in the height of Waterfall #1 and a new back tee at Hole #2 to the May 2, 2006 City Council meeting.

EXECUTIVE SUMMARY

In December 2005, the City Council approved a temporary opening of the Trump National golf course for a 3-month period. The golf course opened on January 20, 2006 and the 3-month period is set to expire on April 20, 2006. The Applicant is seeking an extension to the approved 3-month time frame.

Staff has consulted with the City's Geotechnical and Water Feature Consultants, both of whom do not feel that there will be any public safety issues resulting from an additional 3-month extension for the operation of the golf course and driving range. Additionally, Staff feels that the Applicant is making progress towards completing all outstanding items remaining prior to permanent opening. As such, Staff recommends that the Council adopt the attached Resolution allowing the golf course and driving range to continue operating on a temporary basis for an additional 3 months until July 20, 2006.

BACKGROUND

On December 20, 2005, upon reviewing the status of all outstanding items to complete prior to the permanent opening of the golf course and driving range, the City Council approved Revision "Y" to the Trump National Golf Club, authorizing a 3-month temporary opening. Resolution No. 2005-142, amending Grading Permit No. 1541 with new conditions allowing the temporary opening was adopted at said meeting.

The Golf Course officially "temporarily" opened on January 20, 2006. Subsequently, the approved 3-month temporary opening is set to expire on April 20, 2006. While the Applicant has made some headway in completing the items necessary for a permanent opening, not all of the items have been completed. Therefore, the Applicant has requested that the City Council approve an amendment to Grading Permit No. 1541, which would permit an additional 3-month temporary opening. As part of Revision "Z", the Applicant has also requested that the Council approve an amendment to Conditional Use Permit No. 163 to allow the golf course design to be revised to permit a new back tee for Hole #2.

On April 11, 2006, the City received the attached letter from Mr. Vincent Stellio of the Trump Organization, requesting that the public hearing for Revision "Z" be continued to the May 2, 2006 City Council meeting as he is unable to attend the April 18th meeting due to circumstances beyond his control. Since the conditions of approval adopted on December 20th are specific and only permit a maximum 3-month temporary opening, in order for the Council to continue this item for an additional 2-weeks, the Council would have to open the public hearing, discuss the matter and adopt a Resolution authorizing the 2-week extension, and then repeat the same action on May 2nd. Since there would be relatively no significant difference from taking action on April 18th or May 2nd, and Staff supports the Applicant's request, Staff has prepared this report recommending that the Council discuss and take action on the 3-month extension at the April 18th meeting regardless of Mr. Stellio's attendance. According to Mr. Stellio, the Trump Organization will have a representative other than Mr. Stellio in attendance at the April 18th meeting if questions arise.

As Staff anticipates that the April 18th Council agenda will be quite busy, Staff recommends continuance of the second portion of Revision "Z", which addresses an increase in height of Waterfall #1 and a new back tee at Hole #2, to the May 2nd meeting. This will also allow Staff and the Applicant additional time to conduct additional view analysis concerning this matter.

DISCUSSION

Below, Staff has provided a matrix that identifies all the remaining conditions to be satisfied, their status on December 20th when the Council issued the first 3-month temporary opening, and their current status.

Below the matrix, Staff has provided more detail on each outstanding issue.

Remaining Issue

Status on December 20th

Current Status

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

   

- Landslide C Report

- CC submitted on 10/3/05

- CSA review Completed on 11/4/05

- CC to address minor comments prior to final approval

- CC submitted revised report on 4/10/06

- CSA currently reviewing

- Golf Course Report

  • CC submitted on 10/24/05
  • CSA review completed on 12/12/05
  • CC to address issues prior to final

- CC submitted information regarding dry-stacked retaining walls on 01/23/06

- CSA currently reviewing

- CC needs to submit comprehensive as-built report prior to final and address retaining wall issues

- Waterfall #1 Liner Report

- CC submitted on 11/01/05

- CSA review to occur when compaction report submitted

- HCG review completed on 12/12/05

- CC to address issues prior to final

- CC addressed issues and HCG has approved, with three minor items to be completed.

- Waterfall #1 Compaction Report

- Report not Submitted

- Report submitted on 4/07/06

- CSA currently reviewing.

- Waterfall #17 Liner Report

  • CC submitted on 11/01/05
  • CSA review of report anticipated on 12/16/05
  • HCG review completed on 12/12/05
  • CC to address issues prior to final

- CC addressed issues and HCG has approved, with two minor items to be completed.

- Waterfall #17 Compaction Report

  • CC submitted on 11/01/05
  • CSA approved report on 12/12/05
  • HCG review completed on 12/12/05
  • CC to address issues prior to final

- Item completed and approved.

- Lake #9 Compaction Report

  • CC submitted on 10/12/05
  • CSA review completed on 12/06/05
  • CC to address issues prior to final

- CC needs to address two minor issues identified by CSA

2. Geologic Approval of Final As-Built Plan/Geology Report for Driving Range

  • As-built Plan not submitted
  • Geologic Report dispute to be settled by Peer Panel
  • Coastal Permit Application for temporary opening under review

- CC submitted report on 04/10/06

- CSA currently reviewing.

3. Water and Land Movement Monitoring

   

- Inclinometer SI-5A

  • CSA's 5/23/05 and 9/13/05 letters expressing concern
  • CC report submitted on 10/31/05
  • Additional Info requested by CSA on 11/03/05 and 11/16/05
  • CC response submitted on 11/15/05
  • CSA Currently reviewing

- CC monitored SI-5 every 2 weeks during 3-month opening.

- CSA has indicated that it appears there has not been any movement since the December 12th meeting and supports continued temporary opening with continued monitoring.

- Status of all other Monitoring Devices

  • CC Status Report on monitoring devices submitted on 8/25/05
  • Additional info requested by CSA on 9/13/05
  • Response letter submitted by CC on 12/12/05

- CSA supports continued temporary opening with continued monitoring.

4. Lakes #8 and #16 Improvements

  • HCG recommendations for repairs submitted on 06/03/05
  • CC currently under construction on improvements

CC indicates repairs have been made. HCG to conduct inspection on 4/18/06 – verbal update to be provided at 4/18/06 Council meeting.

5. Planning Review of Final As-Built Plan and Site Inspection

  • As-built plan in substantial compliance with approved project, with exception to height of the back tees on Hole #2 and Waterfall #1.
  • Application submitted on 12/01/05 to amend CUP requesting to increase heights of these items.

CUP to be reviewed at 5/2/06 Council meeting

6. PVDS Landscape/Roadway Improvements

  • Phase I and II are completed with minor landscape improvements needed.
  • Phase III proposed to be completed with development of Tract 50666

Minor landscaping still necessary near PVDS and PVDE. Applicant having difficulty working with utility companies in providing service.

7. Trails/Parks Completion

  • All trails and parks completed.
  • Additional trails signage needs to be installed. Signs are on order.
  • Certain trails need to be accepted by City per Coastal Commission conditions.

Trails accepted. Minor directional trail signage still needs to be installed.

California Coastal Commission Conditions of Approval

  • City acceptance of Founder's Park needs to be recorded
  • City acceptance of specific trails in VTTM50666 on tonight's agenda
  • Trail signage currently being installed
  • Habitat has been installed

City accepted Park and trails. However, compliance with these conditions is determined by the Coastal Commission Staff. Coastal Staff will not permit permanent public opening of the golf course and driving range until these conditions are completely satisfied.

Legend:

CSA = Cotton Shires and Associates (City's Geological consultant on this project)

CC = Converse Consultants (Trump National's Geological consultant on this project)

HCG = Hilts Consulting Group (City's Water Feature consultant on this project)

1. Geologic 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:

As reported at the December 20th meeting, given the magnitude of this project, the developer's geologist has segmented the as-built report into separate reports covering different areas and submitting them at different times. As shown in the matrix above, the review of these reports are at different stages.

Staff Recommendation:

CSA has completed an initial review on most of the reports and is currently reviewing other reports.

While some reports are not entirely approved, it is the opinion of CSA that the golf course can be temporarily opened for play without unduly exposing the public to high risk provided certain actions are taken. CSA feels that the following conditions, which were part of the December 20, 2005 approval of the temporary opening, should be added to this 3-month extension request:

  • By May 1, 2006, the Applicant's Geologist shall perform a reconnaissance of the site with emphasis on bluff top areas and canyon side slopes. Any adverse geologic conditions (ground fissures, spalling, raveling) that could affect public safety shall be documented and appropriate recommendations shall be provided. The Applicant's Geologist shall review the condition of all retaining walls on site, and indicate whether they present a risk to public safety. If areas are identified that are not considered suitable for public access, or if an evaluation of current safety cannot be made, recommendations shall be provided for setback requirements or other measures until an evaluation can be completed.
  • The Applicant may open the golf course to the public for a temporary 3-month period from April 20, 2006 to July 20, 2006. 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 prior to the temporary opening. 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 of the golf course, all of the improvements needed in the plan shall be maintained to the satisfaction of the Director of Planning, Building and Code 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 of the Golf Course 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 of the Golf Course may have an adverse affect on the public health, safety and welfare.

Both of these conditions have been added to the Grading Permit for the project as shown in the attached draft Resolution.

2. Geologic Approval for 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. 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:

As reported at the December 20th meeting, while an application has been submitted to the California Coastal Commission for the driving range, the developer's application has not been heard and therefore no approval from the California Coastal Commission has been granted. According to Coastal Commission Staff, the application cannot be taken to the Coastal Commission until geologic approval of the driving range has been granted by the City's geologist.

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. This meeting was delayed as the developer began work on the Clubhouse expansion geologic report, which was submitted on November 15, 2005 to the Peer Panel and City Geologist for review. The Peer Panel rendered their decision on the Clubhouse expansion geologic dispute by distributing a "Draft" Report, dated March 20, 2006. The "Draft" report sides entirely with the City Geologist, Cotton Shires and Associates. A meeting has been tentatively scheduled in the first week of May to discuss the Panel’s decision prior to the Panel finalizing their report. During that meeting a discussion of the outstanding Landslide A issues will be held as these issues relate to the findings from the Clubhouse investigation.

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 technically 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 (this is the essence of the dispute regarding Landslide A). The developer did prepare a stability analysis using both the Applicant's Geologist's geologic model and the City's Geologist's geologic model and found that the driving range would have a negligible affect on the stability of landslide A using either model. Upon reviewing the stability analysis, in a letter dated August 18, 2005, the City's Geologist indicated that "Based upon our review of the proposed driving range grading should not adversely affect the stability of the Landslide A region".

An as-built compaction report for the construction of the driving range, as requested by CSA, was submitted on April 7, 2006 and is currently being reviewed by CSA.

Accordingly, the Applicant has two options to consider before permanent opening of the driving range can occur: 1) the Applicant's geologist needs to change the Landslide A model so that the City's Geologist can approve the driving range report, or 2) the Applicant's geologist needs to obtain the Peer Review Panel's approval for their Landslide A model, thereby overturning the City geologist's decision.

Staff Recommendation:

As noted above, Staff expects this issue to be discussed during the Peer Panel meeting in early May, hopefully leading to final resolution during the 3-month temporary operation. In the interim, the City's Geologist supports a temporary opening of the driving range, as the construction of the range does not appear to affect the stability of the Landslide A region. The City Geologist's recommendation for a continued temporary opening is based upon continued monitoring of various monitoring devices as required in the December 20, 2005 approval. As such, Staff has proposed the condition noted in Section 3 below.

3. Water and Land Movement Monitoring

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 prior to the December 20, 2005 meeting, 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 was 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 (SI-5A) within Landslide A. Since the December 20, 2005 approval, as conditioned, the Applicant’s geologist (CC) has monitored this inclinometer every 2 weeks and reported its findings to the City Geologist. The City Geologist has indicated that it appears there has not been any movement since the December 12th meeting and supports continued temporary opening with continued monitoring.

Staff Recommendation:

CSA believes that the temporary opening can occur provided that continued monitoring of this specific inclinometer continues at 2-week intervals over the 3-month period. As such, Staff has proposed the following condition:

  • In regards to inclinometer SI-5A the Applicant’s geologist shall conduct additional readings at intervals not exceeding two weeks throughout the 3-month temporary period of operation. CC shall notify the City immediately upon detection of significant offset or acceleration of movement and make appropriate recommendations for assuring pedestrian safety. Within one week of field readings, CC shall prepare a letter report indicating the results of the readings and provide plots of cumulative displacement, and incremental displacement of the zone at 120 feet. Field data shall be submitted on disk to CSA along with the letter report.

This condition has been added to the Grading Permit for the project as shown in the attached draft Resolution.

4. Lakes #8 and #16 Improvements

Requirement:

As part of the Peer Review Panel's review of the Clay Cap/Clubhouse Expansion issue, the Panel required the developer to comply with one of CSA's recommendations - that the City's Lake Consultant (Hilts Consulting Group - HCG), who has been responsible for reviewing the construction of the re-built Lake #9, Waterfall #1 and Waterfall #17, review existing Lakes #8 and #16 and provide any recommended actions pertaining to those lakes. In a June 3, 2005 letter, HCG made certain recommendations pertaining to these two existing lakes.

Current Status:

According to the Applicant, construction on the improvements to Lakes #8 and #16 as directed by HCG has been completed. HCG will be conducting a final inspection on April 18, 2006. Staff will provide a verbal update to the Council at their April 18th meeting.

Staff Recommendation:

As shown in the attached letter, HCG indicates that the golf course may be open without impacts to public safety regardless of the completion of these improvements.

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:

As reported at the December 12, 2005 Council meeting, 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 height of Waterfall #1. The Applicant has submitted an engineered survey showing that the height of this Waterfall is taller than originally approved. Staff is concerned regarding these improvements as they may affect existing ocean views from the Seaview and Nautilus neighborhoods.

The second exception is in regards to the new back tee for Hole #2, which is located just inland of Waterfall #1 discussed in the preceding paragraph. This tee is also higher than originally planned and subsequently may impair views.

The Applicant acknowledges that these improvements are higher than what was previously approved and has therefore submitted an amendment to CUP No. 163 to address the increase in height. This amendment will be presented to the Council for review and action at their May 2nd Council meeting.

Staff Recommendation:

As this issue can be addressed during the temporary opening through the Council's review of the CUP amendment request, Staff does not feel a need to hold up the temporary opening of the golf course to address this issue.

6. Palos Verdes Drive South Landscaping/Roadway Improvements:

Requirement:

The following condition addresses landscaping/roadway improvements to Palos Verdes Drive South:

"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 any habitable structure within Tract No. 50666.

Current Status:

While most of the Palos Verdes Drive roadway improvements and landscaping have been completed, the Applicant has had difficulty in establishing the landscaping on the landward side of Palos Verdes Drive South, near the intersection with Palos Verdes Drive East. The difficulty has been in obtaining utility connections for the electrical service. The Applicant is working with the utility agency and City Staff to address this issue.

Staff Recommendation:

As this issue can be addressed during the temporary opening, Staff does not feel a need to hold up the temporary opening of the golf course to address this issue.

7. 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. Additionally, the California Coastal Commission requires that the City accept certain public trails prior to the opening of the golf course.

Current Status:

As reported at the December 20th meeting, 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. The only items remaining deal with some additional directional/identification trail signage. The Applicant is currently working to install said signage.

All trails and parks required to be accepted prior to the opening of the 18-hole course have been accepted.

Staff Recommendation:

Given that the lack of all trail signage will not cause significant impacts to health, safety and welfare, and can be completed 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.

ADDITIONAL INFORMATION

Public Notice

A Notice of Public Hearing for this request was published in the Peninsula News on Saturday, April 1, 2006, mailed to all property owners within a 500' radius of the subject site and to the Trump National interested parties list, and sent to the City's Trump National Golf Club "list server group". Staff has not received any correspondence pertaining to this notice.

California Coastal Commission Conditions of Approval

As reported at the December 20th meeting, 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. Below is a summary of the items that 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: This has been completed, however Coastal Commission Legal Staff may have some concerns regarding the acceptance documents. The Applicant and Coastal Staff are working out their differences.

B. City Acceptance of Certain Trails: This has been completed, however, Coastal Commission Legal Staff has indicated that the trails need to be accepted and recorded per legal description, not by depiction as the City has accepted them. The Applicant and Coastal Staff are working out their differences.

C. Installation of Signs: Certain signs are required to be installed according to Coastal Staff. The Applicant has recently installed many signs at the project site. Staff expects the Coastal Commission Staff to 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 believes that the Coastal Commission Staff is satisfied with this response in meeting their condition.

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 that the necessary conditions of approval have been met prior to permanent play on the golf course.

ALTERNATIVE

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

  • Not adopt the attached Resolution and let the golf course and driving range cease temporary operations starting April 21, 2006.

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:

Resolution No. 2005-__, adopting Addendum No. 20 to EIR No. 36

Resolution No. 2005-__, amending Grading Permit No. 1541

Letter from Mr. Vincent Stellio, dated April 11, 2006

Letter from HCG, dated April 10, 2006

RESOLUTION NO. 2006-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ADDENDUM NO. 20 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH AN AMENDMENT TO GRADING PERMIT NO. 1541, WHICH IS REVISION "Z" TO THE TRUMP NATIONAL GOLF CLUB

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. 103, and Grading Permit No. 1541 for an 83 lot Residential Planned Development, public open space, and an 18 hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal Subregions 7 and 8; and,

WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92-115 approving an Addendum to Environmental Impact Report No. 36, in connection with approving Revisions to the Ocean Trails project applications described above, in order to address concerns expressed by the California Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation; and,

WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93-89 approving a second Addendum to Environmental Impact Report No. 36, in connection with re-approval of the Ocean Trails project applications described above, in order to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and,

WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 94-71 approving a third Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "A" to the Ocean Trails project applications described above, in order to incorporate changes to the project made by the California Coastal Commission in April 1993, and (based on additional geologic information) relocate the golf course clubhouse, reduce the number of single family lots from 83 to 75 and approve a location for the golf course maintenance facility and on-site affordable housing units; and,

WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-15 approving the fourth Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "B" to the Ocean Trails project applications described above, in order to incorporate changes to the project made by the California Coastal Commission in January 1995 regarding the relocation of the golf course clubhouse, 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 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 I-3 allowing an extension to completing the reconstruction of La Rotonda Drive from Palos Verdes Drive South to its end; and,

WHEREAS, on August 19, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "T" to the Ocean Trails Project, thereby approving an amendment to allow an expansion to the Clubhouse Building; and,

WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse Building; 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 October 4, 2005, the City Council of the City of Rancho Palos Verdes 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 50667; 2) allow a change in the maximum building height for lots 24-29 in Tract 50667, which includes allowing lots 24 and 25 to have partially subterranean garages; 3) allow lots 24, 25 and 29 in Tract 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 VTTM50666 from 1.4 acres to 1.0 acres; and,

WHEREAS, on October 13, 2005, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "Y" to the Trump National Golf Club project to revise VTTM No. 50666 and Grading Permit No. 1541 to allow a temporary 3-month opening of the golf course and driving range to the public; 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,

WHEREAS, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "Z" to the Trump National Golf Club project to revise Conditional Use Permit No. 163 to allow a change in the golf course design to permit a new back tee on Hole #2, and to revise Grading Permit No. 1541, to allow an additional temporary 3-month opening of the golf course and 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 April 12, 2006, copies of the draft Addendum No. 20 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "Z" to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 20 to EIR No. 36; and,

WHEREAS, on April 18, 2006, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 20 to Environmental Impact Report No. 36 and the applicant's request for Revision "Z" 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 a 3-month extension of the temporary opening of the golf course and driving range.

Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 20 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 "A" 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 previously approved golf course and driving range, which are not being altered, 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 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 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.

  1. 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 2: In approving Addendum No. 20 to EIR No. 36, the City Council has reviewed and considered the Addendum No. 20 document, attached hereto and made a part thereof as Exhibit "A".

Section 3: The Addendum No. 20 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 and 20 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 approved 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 and 20 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 and 20 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: 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. 20 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 18th day of April 2006.

_________________

Mayor

Attest:

__________________

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) ss

CITY OF RANCHO PALOS VERDES )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006-__ was duly and regularly passed and adopted by the said City Council at a regular meeting held on April 18, 2006.

_________________________________

City Clerk

Resolution No. 2006-__ - Exhibit "A"

ADDENDUM NO. 20

TO

ENVIRONMENTAL IMPACT REPORT NO. 36

In conjunction with the requirements of the California Environmental Quality Act (CEQA), as well as State and Local CEQA Guidelines, the City Council has reviewed proposed Revision "Z", which is a request to allow a temporary 3-month opening of the golf course and driving range to the public; and finds 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 golf course and driving range, which are 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. 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 approved amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible.

RESOLUTION NO. 2006-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO GRADING PERMIT NO. 1541 IN CONJUNCTION WITH REVISION "Z" 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. 103, 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,

WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-5 (i.e. Coastal Permit No. 103), 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 (i.e. Coastal Permit No. 103), 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 (i.e. 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 (i.e. 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" Street/"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 (i.e. Coastal Permit No. 103), 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,

WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution No. 97-44 approving Revision "D" 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 "D" 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 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 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 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 I-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,

WHEREAS, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "Z" to the Trump National Golf Club project to revise Conditional Use Permit No. 163 to allow a change in the golf course design to permit a new back tee on Hole #2, and to revise Grading Permit No. 1541, to allow an additional temporary 3-month opening of the golf course and 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 April 12, 2006, copies of the draft Addendum No. 20 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "Z" to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 20 to EIR No. 36; and,

WHEREAS, on April 18, 2006, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 20 to Environmental Impact Report No. 36 and the applicant's request for Revision "Z" 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 a 3-month extension of the temporary opening of the golf course and 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 for text added):

E-1. Revision "Y" "Z", as approved by the City Council on December 20, 2005 April 18, 2006, permits a temporary opening of the golf course and driving range for a maximum 3-month period, which shall begin on April 21, 2006 and end on July 21, 2006 no sooner than when all applicable conditions below have been satisfied, California Coastal Commission Staff has authorized a temporary opening, and the developer provides a specific date in writing to the attention of the Director of Planning, Building and Code Enforcement. Upon Prior to completion of the 3-month temporary opening, the developer may request an extension for an additional 3-month opening subject to review and approval by the City Council, through a public hearing, as an amendment to the project.

E-2. Prior to the opening of the temporary golf course, By May 1, 2006, the Applicant's Geologist shall perform a reconnaissance of the site with emphasis on bluff top areas and canyon side slopes. Any adverse geologic conditions (ground fissures, spalling, raveling) that could affect public safety shall be documented and appropriate recommendations should shall be provided. The Applicant's Geologist shall review the condition of all retaining walls on site, and indicate whether they present a risk to public safety. If areas are identified that are not considered suitable for public access, or if an evaluation of current safety cannot be made, recommendations shall be provided by the Applicant's Geologist for setback requirements or other measures until an evaluation can be completed.

E-3. Subject to review and approval by the City Geologist, the Applicant may open the golf course to the public for a temporary 3-month period. The Applicant may open the golf course to the public for a temporary 3-month period from April 20, 2006 to July 20, 2006. 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 prior to the temporary opening. 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 of the golf course, all of the improvements needed in the plan shall be maintained to the satisfaction of the Director of Planning, Building and Code 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 of the Golf Course 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 of the Golf Course may have an adverse affect on the public health, safety and welfare.

E-4. At least one reading of inclinometer SI-5A shall be performed prior to the temporary opening. Additional readings shall be performed at intervals not exceeding two weeks throughout the 3-month temporary period of operation. In regards to inclinometer SI-5A the Applicant’s geologist shall conduct additional readings at intervals not exceeding two weeks throughout the 3-month temporary period of operation. The Applicant's Geologist shall notify the City immediately upon detection of significant offset or acceleration of movement and make appropriate recommendations for assuring pedestrian safety. Within one week of field readings, the Applicant's Geologist shall prepare a letter report indicating the results of the readings and provide plots of cumulative displacement, and incremental displacement of the zone at 120 feet. Field data shall be submitted on disk to the City's Geologist along with the letter report, with copy sent to the Director of Planning, Building and Code Enforcement.

E-5. Prior to the temporary opening of the golf course and driving range, the applicant shall submit all leak testing records performed to date and an on-going leak test monitoring program for review and approval by the City's Lake Consultant.

E-65. Subject to review and approval by the City's Lake Consultant, prior to the end of the 3-month temporary opening the applicant shall complete all outstanding items as recommended by the City's Lake Consultant in its correspondence dated June 3, 2005, and summarized in a report dated December 12, 2005 April 10, 2005, entitled "Trump National Golf Course, Project Status and Outstanding Items", and in a report dated December 12, 2005, entitled "Trump National Golf Course, Water Feature No. 1 & 17 Dudek Final Construction Report".

Section 2: Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 20 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 "A" 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 golf course and 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 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 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 "Z" to Grading Permit No. 1541 for a temporary 3-month opening of the public golf course and driving range, the City Council finds as follows:

  1. 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 golf course and driving range and cause minor delays to the implementation of certain public amenities.
  2. 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.
  3. 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.
  4. 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 "Z" 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 18th day of April 2006.

_____________

Mayor

Attest:

_________________

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )ss

CITY OF RANCHO PALOS VERDES )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006-__ was duly and regularly passed and adopted by the said City Council at a regular meeting held on April 18, 2006.

_____________________________

City Clerk

RESOLUTION NO. 2006-__ EXHIBIT "A"

GRADING PERMIT NO. 1541 – REVISION "Z"

CONDITIONS OF APPROVAL

A. GENERAL

1. Within thirty (30) days of approval of Revision "W" 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 approved 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. 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 17.50) of 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:

    1. 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;
    2. Maximize to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground;
    3. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas;
    4. Minimize, to the maximum extent practicable: parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping.
    5. 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

    6. 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:

    1. Include erosion and sediment control practices;
    2. Address multiple construction activity related pollutants;
    3. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning;
    4. Target construction areas and activities with the potential to generate significant pollutant loads;
    5. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity;
    6. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties;
    7. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site.
    8. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at construction sites, unless treated to remove sediments and pollutants.

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 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.

GRADING/CONSTRUCTION ACTIVITY FOR REVISION "W" ONLY (FOLLOWING CONDITIONS D-5 THROUGH D-12):

5. All construction activities (i.e. 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 (Molothrus ater) 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 GOLF COURSE AND DRIVING RANGE FOR A 3-MONTH PERIOD FOR REVISION "Z" ONLY

1. Revision "Z", as approved by the City Council on April 18, 2006, permits a temporary opening of the golf course and driving range for a maximum 3-month period, which shall begin on April 21, 2006 and end on July 21, 2006. Prior to completion of the 3-month temporary opening, the developer may request an extension for an additional 3-month opening subject to review and approval by the City Council, through a public hearing, as an amendment to the project.

2. By May 1, 2006, the Applicant's Geologist shall perform a reconnaissance of the site with emphasis on bluff top areas and canyon side slopes. Any adverse geologic conditions (ground fissures, spalling, raveling) that could affect public safety shall be documented and appropriate recommendations shall be provided. The Applicant's Geologist shall review the condition of all retaining walls on site, and indicate whether they present a risk to public safety. If areas are identified that are not considered suitable for public access, or if an evaluation of current safety cannot be made, recommendations shall be provided by the Applicant's Geologist for setback requirements or other measures until an evaluation can be completed.

3. The Applicant may open the golf course to the public for a temporary 3-month period from April 20, 2006 to July 20, 2006. 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 of the golf course, all of the improvements needed in the plan shall be maintained to the satisfaction of the Director of Planning, Building and Code 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 of the Golf Course 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 of the Golf Course may have an adverse affect on the public health, safety and welfare.

4. In regards to inclinometer SI-5A the Applicant’s geologist shall conduct additional readings at intervals not exceeding two weeks throughout the 3-month temporary period of operation. The Applicant's Geologist shall notify the City immediately upon detection of significant offset or acceleration of movement and make appropriate recommendations for assuring pedestrian safety. Within one week of field readings, the Applicant's Geologist shall prepare a letter report indicating the results of the readings and provide plots of cumulative displacement, and incremental displacement of the zone at 120 feet. Field data shall be submitted on disk to the City's Geologist along with the letter report, with copy sent to the Director of Planning, Building and Code Enforcement.

5. Subject to review and approval by the City's Lake Consultant, prior to the end of the 3-month temporary opening the applicant shall complete all outstanding items as recommended by the City's Lake Consultant in its correspondence dated June 3, 2005, and summarized in a report dated April 10, 2005, entitled "Trump National Golf Course, Project Status and Outstanding Items.