Rancho Palos Verdes City Council
   

October 17, 2006 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA-REVISION "CC" TO THE TRUMP NATIONAL GOLF CLUB PROJECT October 17, 2006 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA-REVISION "CC" TO THE TRUMP NATIONAL GOLF CLUB PROJECT October 17, 2006 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA-REVISION "CC" TO THE TRUMP NATIONAL GOLF CLUB PROJECT



TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: OCTOBER 17, 2006

SUBJECT: REVISION "CC" 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. 23 to Environmental Impact Report No. 36, and 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.

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 was set to expire on April 20, 2006. On April 18, 2006 and July 18, 2006, the Council approved additional 3-month extensions. Within the July 18, 2006 approval, the Council added a condition that states, "Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after October 20, 2006".

While the Applicant has made progress since the July 18th meeting, not all of the outstanding items have been completed to allow permanent opening of the golf course. Specifically, of the 9 outstanding items reported on July 18th, only 4 items remain to be completed. As such, the Applicant is seeking another extension to the approved 3-month time frame.

As discussed in detail below, 3 of the remaining 4 items are related to geologic issues, while the 4th is related to signage. Given the relatively large and complicated geologic issues associated with this project, the progress that has been made over the past 3 months, and the anticipated completion of at least 2 of the 3 outstanding geologic issues over the next 3 months, Staff feels that there is good cause to allow an additional temporary opening. As reported at the July 18th meeting, given the uncertainty related to the Peer Panel's review of Landslide A issues, the 3rd geologic issue related to the permanent opening of the Driving Range could continue for some time. However, this is separate from the rest of the golf course with its own timing mechanisms for ensuring that it does get completed. Further, because the signs remaining to be installed take up to 16 weeks to manufacture, have been ordered and should be installed within the next 90 days, Staff feels that there is good cause to allow the extension to the temporary opening of the golf course.

Staff has consulted with the City's Geologist, who does 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, as shown in the attached Status matrix, Staff feels that the Applicant has continued to make progress towards completing all outstanding items remaining prior to permanent opening and that all items with the possible exception of the permanent opening of the Driving Range (see discussion under #2 below) should be completed within the next 90 days.

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 January 20, 2007.

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. The approved 3-month temporary opening was set to expire on April 20, 2006. During that 3-month period, while the Applicant made some headway in completing the items necessary for a permanent opening, not all of the items were completed. Subsequently, on April 18, 2006, the Council approved a 3-month extension to July 20, 2006. While not all of the items were completed by July 20, 2006, the Applicant continued to make progress and as such, the Council issued another extension that would expire on October 20, 2006.

On September 29, 2006, the Applicant submitted a third request for a 3-month extension of the temporary opening.

DISCUSSION

Attached, Staff has provided a matrix that identifies the 4 remaining issues to be satisfied, their status on December 20th, April 18th, and July 18th when the Council issued the first, second and third 3-month temporary openings, along with their current status.

Below, Staff has provided more detail on each of the 4 outstanding issues.

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:

It is important to note that there are many geologic issues associated with this project and completion of the final As-Built Geologic report for the entire golf course is no easy task - it is one report of many other geologic reports/issues (i.e. Landslide A, Clubhouse Expansion, Residential Home developments, etc) associated with the project that are being reviewed at the same time. Hence, it is important to understand that it takes a large amount of time for both the Applicant's Geologist to prepare a single report when they often prepare multiple reports at one time, and for the City Geologist to review said reports.

As reported at previous meetings, given the magnitude of this project, the Developer's geologist has segmented the final as-built report into separate reports covering different areas and submitting them at different times. As shown in the attached matrix, the review of most of these reports has been completed, with much progress achieved over the past three months (i.e. 3 of the remaining 4 sub-items under this category have been completed).

The only remaining outstanding report is the submittal of the Final As-built report for the Golf Course that among other things ties all of the other reports into one final document and includes all other areas of the golf course not covered under those separate reports. Over the past 3 months, the Developer's Geologist, Converse Consultants (CC), and the City's Geologist, Cotton Shires Associates (CSA) have spoken in regards to this task to ensure that there was clarity between the two parties on exactly what is needed. In addition to the preparation of the report, one of the outstanding items related to the as-built conditions of the golf course is related to the construction of specific retaining walls that support some of the back tees. On July 25, 2006, City Staff, the City's Geologist and the Applicant met on site to discuss the outstanding issues. Based on this meeting, on September 29, 2006, the Applicant submitted additional information pertaining to these retaining walls, which is currently being evaluated by CSA.

According to the Developer, the final report will be completed and submitted for CSA's review on October 13, 2006.

Staff Recommendation:

While the final as-built report has not been entirely approved, as noted above, Staff feels that there has been a lot of progress over the past 3 months. Given that there are many complicated geologic issues associated with this project and preparation and review of reports associated with these issues takes some time, Staff feels that there is good cause to allow what appears to be the final extension allowing the temporary operation of the golf course.

It is the opinion of CSA that the golf course can be temporarily opened for play without unduly exposing the public to risk provided certain actions are taken. CSA feels that the following conditions, which were part of the December 20, 2005, April 18, 2006, and July 18, 2006 approvals of the temporary opening and which the Applicant has complied with in the past, should continue to be added to this 3-month extension request:

  • By November 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 October 20, 2006 to January 20, 2007. 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.

Additionally, to ensure that all of the outstanding items to be completed concerning the final as-built report are completed, consistent with the July 20th approval, Staff has proposed to retain the following condition:

  • Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after January 20, 2007.

These conditions have been added to the Grading Permit for the project as shown in the attached draft Resolution. Staff believes that all of the outstanding items described could be completed within the next 90 days.

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 2005, 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.

Current Status:

As reported at previous meetings, 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 (geologic model) 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 (Peer Panel) was set up to settle the dispute pertaining to the configuration of Landslide A. At the time that the Peer Panel was set up, residential lots were affected by Landslide A as opposed to the driving range that exists today.

While the Peer Panel has issued a draft report on the Landslide A issue, this report had not been finalized. A meeting was pending between all parties to discuss the report's draft recommendations, which included, amongst other items, the need for additional subsurface investigation. This meeting was delayed as the Developer also began work on the Clubhouse Expansion geologic report.

In reviewing the Clubhouse Expansion report, the City's Geologist, Cotton Shires Associates (CSA), felt that there was not enough data supporting the Developer's Geologist, Converse Consultants (CC), conclusion that the Clubhouse Expansion would meet a 1.5 factor of safety. CC disagreed with CSA's conclusions and subsequently the report was submitted to the Peer Panel for review. In a report, the Panel sided primarily with CSA indicating that there was not enough subsurface investigation to support CC's geologic model for the Clubhouse Expansion. Subsequently, additional subsurface investigation was completed by CC, with the Panel and CSA at the site during the investigation.

Based upon the additional subsurface investigation, CC submitted a revised geology report, which again was disputed by CSA. The Peer Panel then rendered their decision on the Clubhouse Expansion geologic dispute by distributing a "Draft" Report, dated March 20, 2006. The "Draft" report sided entirely with the City Geologist, CSA. A subsequent meeting of the Peer Panel, CC and CSA was held on May 3, 2006 to discuss the Panel’s decision prior to the Panel finalizing their report. As a result of that meeting, the Developer's geologist prepared a revised geology report that incorporated aspects of the geologic model agreed upon by the Peer Panel, which was subsequently reviewed by the City's geologist, CSA. While CSA was pleased at the progress that CC had made, they still recommended that some revisions be made to the report with respect to the geologic model. CC disagreed with CSA's recommendations, and subsequently, the Peer Panel reviewed this final disagreement.

On July 14, 2006, the Panel then released their final review siding mainly with CSA, and providing direction to CC for preparation of a revised geology report for the Clubhouse Expansion. On August 21, 2006, CC submitted a revised geologic and geotechnical report that addresses the Clubhouse Expansion. CC's report is currently being reviewed by CSA, which anticipates completing their review prior to the October 17, 2006 Council meeting. As the question may arise as to why it has taken CSA nearly 2 months to review this report, Staff offers the following detailed information, which shows that CSA has only been reviewing this report since September 20, 2006:

Date

Action

August 21, 2006

CC submits report

August 30, 2006

Per prior agreement between City and Applicant that the City obtain a proposal prior to start of work, CSA submits proposal to City for reviewing report indicating a not to exceed amount of $19,800

August 30, 2006

CSA proposal sent to the Trump Organization for review

September 5, 2006 (approx)

Trump Organization informed Staff that they felt proposal was too high and asked if CSA could reduce. Staff requested CSA to re-evaluate proposal to see if it could be reduced

September 14, 2006

CSA submitted revised proposal to City for a not to exceed amount of $16,000.

September 14, 2006

CSA proposal sent to the Trump Organization for review

September 19, 2006

Trump Organization instructed Staff to move forward with review

September 20, 2006

CSA authorized to move forward.

October 17, 2006

Estimate for CSA's review to be completed

Unexpectedly, the CC report was expanded to also address the dispute related to Landslide A given the proximity of Landslide A to the new subsurface investigation conducted for the Clubhouse Expansion.

It is important to note that even if CSA provides a positive response that would permit the Clubhouse Expansion and more importantly related to the permanent opening of the Driving Range, approval of the Landslide A geology, CC would still need to prepare a revised stability analysis report and an as-built report for the driving range for review and approval by CSA. Staff anticipates that this could occur within a 90-day period. If CSA's review is not positive, then this issue would most likely (if requested by the Developer) go back to the Peer Panel for review. Based upon past experience in resolving geologic disputes through the Peer Panel process, while it is possible that the geologic model for Landslide A could be determined in the next 90 days, especially if a geologic model for the Clubhouse Expansion is determined, Staff cannot guarantee that resolution will occur over the next 3-month period.

Staff Recommendation:

The geologic issues pertaining to the Clubhouse Expansion and Landslide A are critical components to the Applicant's continued development of the site. These components will determine if and/or how the Developer may build the Clubhouse Expansion as well as the development of the rest of the project. The City has told the Developer that the City will not approve the Final Tract Map for this phase of the project, thereby restricting the sale of lots/homes, nor act on any request for a project revision that would propose a hotel/bungalow component, until the geology issues pertaining to this part of the project have been resolved. Needless to say, there is a lot at stake for the Developer in regards to geologic issues pertaining to this phase of the project, which has led to the necessity to hire the Peer Panel and has resulted in a longer processing time.

Nevertheless, there has been significant progress in regards to this issue. Because this issue is not completely resolved, in the interim, CSA 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. CSA's recommendation for a continued temporary opening is based upon continued monitoring of various monitoring devices as required in the December 20, 2005 approval. Because the Applicant has submitted the report addressing this issue within the last 3-months, and it takes time for CSA to review this response, Staff feels that there is good cause to permit the continued temporary operation of the Driving Range. As a reminder, given the complexity of this geologic issue and the possibility that the Peer Panel will continue to be involved, Staff is unsure if this issue will even be resolved in the next 90 days. Nevertheless, as stated in the previous paragraph, there is a timing mechanism inherently built into this issue that encourages the Developer to continue to move forward seeking resolution.

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 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 (CC).

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. Between December 20, 2005 and July 18, 2006, as conditioned, CC has monitored this inclinometer every 2 weeks. As recommended by CSA and conditioned at the July 18th Council meeting, this monitoring period was extended to every 4 weeks between July 18th and October 20th. Since December 20, 2005, CC has reported its monitoring findings to CSA, who has indicated that it appears there has not been any movement since the December 12th meeting and supports continued temporary opening with continued monitoring.

Along with the As-Built Report described in #1 above, the Applicant is required to submit a Final Updated Monitoring Report that takes into consideration all of the data produced through the Final As-Built Report. This item should be completed over the next 90-days.

Staff Recommendation:

CSA believes that the temporary opening can occur provided that continued monitoring of this specific inclinometer continues at 4-week intervals over the next 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 four (4) 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.

Because the Final Monitoring Report is directly related to the completion of the Final As-Built report, for the reasons stated in #1 above, Staff believes that there is good cause to allow a continued temporary opening of the golf course.

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:

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

The only outstanding item is related to signage. Since April 18, 2006, the Applicant has installed all trail identification signs. However, there are some additional permanent signs that need to be installed that address "park/trail hours", "no public access - habitat area", "public parking only - no golf parking", "entry parks monument signage with park names", "prohibited activities in parks", and "habitat interpretive signage". The Applicant has indicated to Staff that while these specific signs have been ordered, they take some time to complete. The Applicant expects that these signs will be permanently installed prior to the end of the requested 3-month extension. Specifically, the Applicant has indicated that:

"The order for the additional signage was placed on July 25th, and the lead time for the  bronze casted signs is 16 weeks. The scheduled delivery date is November 14th. Once the signs arrive, there is PV stone concrete bases  to be constructed around the bases of these signs by our stone masons. These bases will take approximately 5 days to complete."

To ensure that this occurs, Staff has proposed the following condition:

  • Subject to review and approval by the Director of Planning, Building and Code Enforcement, all permanent signs per the approved Sign Program that are related to the opening of the 18-hole golf course, which includes those signs related to parks and trails necessary to be open prior to the permanent opening of the 18-hole golf course, shall be installed prior to January 20, 2007. Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after January 20, 2007.

Staff Recommendation:

Given that the lack of the remaining signs will not cause significant impacts to health, safety and welfare, that the signs can be completed within the timeframe of the requested temporary opening, and that it takes time to manufacture the signs, Staff feels that there is good cause to allow another temporary opening of the golf course.

ADDITIONAL INFORMATION

Flag Pole

At the September 19, 2006 Council meeting, the Council: 1) Decided to move forward with Councilman Clark’s proposal regarding the flag pole and, 2) Directed staff to explore options with Trump National to retain the flag pole; and, 3) Instructed the negotiators to consider providing: a) access steps from the public parking lot to the flag pole; b) a dedication of land around the flag pole in fee to the City with an access easement to Trump National; c) construction plans and engineering specifications required to obtain an as-built building permit for the flag pole; d) maintenance by Trump National and its successors in perpetuity to raise and lower the flag, maintain the flag, rigging and flag pole and tend the landscaping within the dedication area; and e) appropriate lighting to allow the flag to be flown at night with all associated costs to be at Trump National’s or its successor’s sole expense.

On Tuesday, October 3, 2006, Mayor Pro-tem Long, Councilman Stern and Staff met with the Applicant on site to discuss options based upon Council's direction at the September 19th meeting. Upon visiting the site and discussing some of the difficult site conditions, the Applicant agreed to provide the City with a few plan alternatives pertaining to the location of a publicly accessed area near the flag pole. Staff has not yet received these alternatives. Once Staff receives them, they will be forwarded to the Council for further review.

Public Notice

A Notice of Public Hearing for this request was published in the Peninsula News on Saturday, September 30, 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 previous meetings, 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. 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.

ALTERNATIVES

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

    1. Not adopt the attached Resolution and let the golf course and driving range cease temporary operations starting October 21, 2006.
    2. That given the complex geologic issues, the Council grant an extension of 6 months instead of the proposed 3 months.

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:

Status Report Matrix

Resolution No. 2006-__, adopting Addendum No. 23 to EIR No. 36

Resolution No. 2006-__, amending Grading Permit No. 1541

Status of Items to Complete Prior to Permanent Opening

of the Trump National Golf Course

October 17, 2006

Remaining Issue

Status on December 20, 2006

Status on April 18, 2006

Status on July 18, 2006

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

- CSA review completed noting two minor issues to complete

- CC to prepare addendum letter that shall be completed in next 90 days

Completed

- Golf Course As- Built 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

- CC to submit comprehensive as-built report and address retaining wall issues within the next 90 days.

Retaining wall report submitted on 09/29/06. Applicant indicates as-built report will be submitted on 10/13/06

- 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.

Completed

Completed

- Waterfall #1 Compaction Report

- Report not Submitted

- Report submitted on 4/07/06

- CSA currently reviewing.

- CSA review completed noting one minor issue to complete

- CC to prepare addendum letter that shall be completed in next 90 days

Completed

- 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.

Completed

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.

Completed

Completed

- 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

- CC needs to address two minor issues identified by CSA. This shall be completed in next 90 days.

Completed

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 interim report on 04/10/06

- CSA currently reviewing.

- CSA will wait until geology issue with Panel is resolved and final report is submitted to complete review. This may or may not be completed in next 90 days.

- Geologic report for Clubhouse Expansion and Landslide A, which also addresses Driving Range, was submitted on 8/21/06. CSA currently reviewing. This may or may not be completed in next 90 days as it may go to Peer Panel.

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.

- CSA has indicated that it appears there has not been any additional movement. CSA recommends that monitoring be reduced from every 2 weeks to every 4 weeks during the 3-month opening.

Completed

- 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.

- CSA supports continued temporary opening with continued monitoring.

- Final Monitoring Report needs to be submitted with Golf Course As-Built Report (Item #1 above). CSA supports continued opening with continued monitoring and reporting.

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.

Completed

Completed

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

Completed, with exception that shrubs at back tee of hole #2 need to be removed. Additionally, landscaping at top of slope along PVDS adjacent to Lot #1 of Tract No. 50667 needs to be removed. This shall be completed in next 90 days.

Completed

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.

Staff estimates that water and power service will be provided and the Applicant will re-hydroseed the PVDS/PVDE area within the next 4-5 weeks

Completed

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.

All trail identification signage has now been installed. Other permanent signage pertaining to "park/trail hours", "no public access - habitat area", "public parking only - no golf parking", "entry parks monument signage with park names", "prohibited activities in parks", "habitat interpretive" needs to be installed. Applicant will install temporary prior to 7/18 meeting and permanent prior to end of 3-months. This shall be completed in next 90 days.

Permanent Signage not installed - Applicant ordered signs and expects to have them delivered on installed prior to end of 90-day period

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.

Coastal Commission Staff to determine if project has complied with applicable conditions and course is ready for permanent opening.

Coastal Commission Staff to determine if project has complied with applicable conditions and course is ready for permanent opening.

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)

RESOLUTION NO. 2006-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ADDENDUM NO. 23 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH AN AMENDMENT TO GRADING PERMIT NO. 1541, WHICH IS REVISION "CC" 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, on April 18, 2006, the City Council of the City of Rancho Palos Verdes approved Revision "Z" to the Trump National Golf Club (formally known as Ocean Trails) Project, thereby amending Grading Permit No. 1541, allowing a 3-month temporary opening of the golf course and driving range; and,

WHEREAS, on May 2, 2006, the City Council of the City of Rancho Palos Verdes approved Revision "Z" to the Trump National Golf Club (formally known as Ocean Trails) Project, thereby amending CUP No. 163 allowing a change in the golf course design to permit a new back tee on Hole #2 and an increase in waterfall height for waterfall #1; and,

WHEREAS, on July 18, 2006, the City Council of the City of Rancho Palos Verdes approved Revision "AA" to the Trump National Golf Club Project, thereby amending Grading Permit No. 1541, to allow an additional temporary 3-month opening of the golf course and driving range to the public; and,

WHEREAS, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "CC" to the Trump National Golf Club project 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 October 12, 2006, copies of the draft Addendum No. 23 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "CC" to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 23 to EIR No. 36; and,

WHEREAS, on October 17, 2006, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 23 to Environmental Impact Report No. 36 and the applicant's request for Revision "CC" 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. 23 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. 23 to EIR No. 36, the City Council has reviewed and considered the Addendum No. 23 document, attached hereto and made a part thereof as Exhibit "A".

Section 3: The Addendum No. 23 to EIR No. 36 identifies no new potential significant adverse environmental impacts to the areas listed below, beyond those already identified in the Final EIR No. 36, the Supplement, Second Supplement, and Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 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, 20, 21, 22 and 23 to EIR No. 36.

Section 5: While the implementation of mitigation measures as discussed in Final EIR No. 36 and the Supplemental, and the Second Supplemental, and Addenda EIR Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 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. 23 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 17th day of October 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 October 17, 2006.

_________________________________

City Clerk

Resolution No. 2006- - Exhibit "A"

ADDENDUM NO. 23

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 "CC", 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 "CC" 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, on May 2, 2006, the City Council of the City of Rancho Palos Verdes approved Revision "Z" to the Trump National Golf Club (formally known as Ocean Trails) Project, thereby amending CUP No. 163 allowing a change in the golf course design to permit a new back tee on Hole #2 and an increase in waterfall height for waterfall #1; and,

WHEREAS, on July 18, 2006, the City Council of the City of Rancho Palos Verdes approved Revision "AA" to the Trump National Golf Club Project, thereby amending Grading Permit No. 1541, to allow an additional temporary 3-month opening of the golf course and driving range to the public; and,

WHEREAS, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "CC" to the Trump National Golf Club project 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 October 12, 2006, copies of the draft Addendum No. 23 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "CC" to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 23 to EIR No. 36; and,

WHEREAS, on October 17, 2006, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 23 to Environmental Impact Report No. 36 and the applicant's request for Revision "CC" 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 "AA" "CC" , as approved by the City Council on July 18, 2006 October 17, 2006, permits a temporary opening of the golf course and driving range for a maximum 3-month period, which shall begin on July 21, 2006 and end on October 21, 2006 October 21, 2006 and end on January 20, 2007.

E-2. By August 1, 2006 November 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.

E-3. The Applicant may open the golf course to the public for a temporary 3-month period from July 20, 2006 to October 20, 2006 October 21, 2006 to January 20, 2007. 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.

E-5 Prior to October 20, 2006 January 20, 2007, all of the outstanding items necessary to obtain approval by the City's Geologist of the Final As-built Report for the Golf Course shall be completed. Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after October 20, 2006 January 20, 2007.

E-6 Subject to review and approval by the Director of Planning, Building and Code Enforcement, the shrubs adjacent to the back tees of Hole #2 and the shrubs located at the top of slope between Palos Verdes Drive South and Lot #1 of Tract No. 50667 shall be removed prior to October 20, 2006. Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after October 20, 2006.

E-7 E-6 Subject to review and approval by the Director of Planning, Building and Code Enforcement, all permanent signs per the approved Sign Program that are related to the opening of the 18-hole golf course, which includes those signs related to parks and trails necessary to be open prior to the permanent opening of the 18-hole golf course, shall be installed prior to October 20, 2006 January 20, 2007. Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after October 20, 2006 January 20, 2007.

Section 2: Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 22 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 "CC" 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 "CC" 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 17th day of October 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 October 17, 2006.

_____________________________

City Clerk

RESOLUTION NO. 2006- EXHIBIT "A"

GRADING PERMIT NO. 1541 – REVISION "CC"

CONDITIONS OF APPROVAL

A. GENERAL

1. Within thirty (30) days of approval of Revision "CC" 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 "CC" ONLY

1. Revision "CC", as approved by the City Council on October 17, 2006, permits a temporary opening of the golf course and driving range for a maximum 3-month period, which shall begin on October 21, 2006 and end on January 20, 2007.

2. By November 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 October 21, 2006 to January 20, 2007. 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 four (4) 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. Prior to January 20, 2007, all of the outstanding items necessary to obtain approval by the City's Geologist of the Final As-built Report for the Golf Course shall be completed. Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after January 20, 2007.

6. Subject to review and approval by the Director of Planning, Building and Code Enforcement, all permanent signs per the approved Sign Program that are related to the opening of the 18-hole golf course, which includes those signs related to parks and trails necessary to be open prior to the permanent opening of the 18-hole golf course, shall be installed prior to January 20, 2007. Except for the showing of good cause subject to the satisfaction of the City Council, no additional temporary openings of the golf course shall be permitted after January 20, 2007.