Rancho Palos Verdes City Council
   

MEMORANDUM

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: AUGUST 6, 2002   

SUBJECT: LONG POINT RESORT PROJECT (CONDITIONAL USE PERMIT NO. 215, ET. AL.)

Prepared By: Ara Michael Mihranian, Senior Planner

RECOMMENDATION

Review and discuss the draft Conditions of Approval, and if deemed acceptable by the Council, direct Staff to prepare the appropriate Resolutions for consideration at the August 28, 2002 meeting.  

BACKGROUND

On July 16, 2002 the City Council continued the public hearing discussion on the Long Point Resort Hotel project, at which time, Staff presented the Council with a Response to Questions Table for review and discussion.  The Table, which was prepared by Staff pursuant to Council direction at its June 18th meeting, contained responses to specific questions submitted by Council Members, Planning Commissioners, Finance Advisory Committee Members and interested parties.  After reviewing the Response To Questions Table and considering public testimony, the Council directed Staff to prepare draft conditions of approval for review at its August 6th meeting.  Furthermore, the Council also directed Staff to begin preparing the appropriate resolutions for consideration at its August 28th meeting.  As such, the Council continued the public hearing on the proposed project to its August 6, 2002 meeting. 

DISCUSSION

Conditions of Approval

Pursuant to Council direction at its July 16th meeting, Staff has prepared and attached to this report draft Conditions of Approval for the Long Point Resort Hotel Project.  The draft Conditions were prepared by Staff with input from the City Manager, Assistant City Manager, City Attorney, Director of Public Works and the Director of Finance.  In addition, comments and suggestions from the Finance Advisory Committee, Planning Commission, and previous public speakers were incorporated into the conditions. The conditions are categorized by subject matter and project applications (Coastal Permit, Conditional Use Permit, Grading, and Tentative Parcel Map).  The draft conditions address all aspects of the project, including but not limited to, hotel operations, project architecture, grading, public amenities, and public works improvements.

In addition, City Staff met with the applicant’s project team to review and fine tune the language of the draft conditions.  In light of the meeting, Staff was able to address some general concerns raised by the applicant pertaining to specific language and style of the conditions.  Notwithstanding, the applicant also raised concerns pertaining to the content and appropriateness of specific conditions, that Staff believes should be considered by the City Council.  The concerns raised by the applicant pertain to the to the following subject matters: 

  • The need for a Development Agreement
  • Insurance requirements
  • Off-site Improvement Requirements – landscaping, storm drains and utilities along Palos Verdes Drive South
  • Guarantees of revenue and City Taxes

Therefore, Staff respectfully requests that the Council review the attached draft conditions of approval, and provide Staff with input and direction on the content of the conditions.  In addition, Staff seeks Council input with regard to any comments or language disagreements that may be raised by the applicant.     

Visual Simulations

At both the June 18th and July 16th City Council meetings, the applicant presented a video presentation, simulating the visual impression of the proposed project as viewed from a helicopter flying over the project site, a vehicle traveling east on the upper inland portion of the westbound lane of Palos Verdes Drive South, and the perspective of a person walking along the sidewalk abutting the property on the lower portion of Palos Verdes Drive South, in an westerly direction.  According to the applicant, the presentation was intended to provide the Council, as well as the general public, with an instrument for assessing the visual impact that the project would have on the surrounding environment, specifically to views from the Coastal Specific Plan’s defined view corridors.  Furthermore, the video presentation was to provide the Council with a visual perspective of the proposed architectural style of the associated buildings, as well as the surrounding landscaping.

After viewing the applicant’s video presentation at the June 18th meeting, Mayor Pro-Tem Stern requested that the applicant submit a copy of the video presentation, and any subsequent video presentations, to City Staff for inclusion in the project file.  As such, the applicant has submitted to the Planning Department CD-Rom versions of the video presentation given at the June 18th and July 16th meetings.  If desired, CD-Rom copies of the video presentations can be made available to individual Council members.

Lower Pool Facility

On July 23, 2002, the Planning Commission opened the public hearing proceedings for the applicant’s variance request to allow a pool facility within the City’s Coastal Setback Zone.  The Commission reviewed the design of the applicant’s lower pool facility and conceptually approved the design and layout.  Furthermore, the Commission found that the revised design provides adequate public amenities, such as an increase public section area with increased  seating, viewing areas and food service.  However, since the geotechnical review of the project has not been completed, the Commission continued the public hearing discussion to its August 13th meeting, with the expectation that the geotechnical review of the project, including the City’s Geotechnical Consultant’s review of the submitted geology reports, would be completed by then.  In the event the geology unequivocally supports development of this area, the Planning Commission directed Staff to prepare the appropriate resolution and draft conditions of approval for consideration at its August 13th meeting.  

Once the Planning Commission has completed its review of the merits of the subject Variance application, the Commission will then forward its recommendation to the City Council.  At this time, it is expected that the Variance application, along with the Planning Commission Resolution, will be forwarded to the Council for review at its August 28th meeting.  

ADDITIONAL INFORMATION

Permit Streamlining Act

Pursuant to Section 65950 of the California Government Code, the public agency (City of Rancho Palos Verdes) shall render a decision on the project applications 180 calendar days after certification of the EIR.  Since the project EIR was certified on May 7, 2002, the City Council has until November 4, 2002 to take action on the project applications.   

Public Comments

Attached to this report are the public comments (including e-mail messages) received since the July 16th City Council meeting.  Public comments submitted after the transmittal of this report will be provided to the City Council the night of the meeting. 

FISCAL IMPACT

The processing of the proposed project applications will have no significant fiscal impact on the General Fund in that the applicant is paying for all costs associated with the City Attorney’s review of the project and the EIR Consultant’s preparation of the required environmental documents.

CONCLUSION

Based on the foregoing analysis, Staff seeks the City Council’s input on the Draft Conditions of Approval.  In the event the Council finds the project Conditions of Approval to be acceptable, Staff recommends that the appropriate Resolutions and final Conditions of Approval be presented to the Council at its August 28, 2002 meeting.   

ALTERNATIVES

In addition to Staff’s recommendation, the following alternative is available for consideration by the City Council:

1. Identify any additional issues of concern with the proposed project, and provide the applicant with further direction in modifying the project, and continue the public hearing to a date certain to review the project modifications.

 Respectfully submitted,

Joel Rojas
Director of Planning, Building and Code Enforcement

Reviewed by:              

Les Evans
City Manager              

ATTACHMENTS
  • Draft Conditions of Approval
  • Public Comments (PLEASE SEE CITY STAFF AT THE PLANNING DEPARTMENT TO REVIEW PUBLIC COMMENTS)

LONG POINT RESORT HOTEL
CONDITIONS OF APPROVAL
(Coastal Permit No. 166, Conditional Use Permit No. 215,
Grading Permit No. 2229 and Tentative Parcel Map No. 26073)

GENERAL CONDITIONS

1) The approvals granted by this resolution shall not become effective until the applicant and property owners submit a written affidavit that each has read, understands and accepts all conditions of approval contained herein.  Said affidavits shall be submitted to the City no later than ninety (90) days from the date of approval of the project by the City Council.  If the applicant and/or the property owner fail to submit the written affidavit required by this condition within the required 90 days, this resolution approving Coastal Development Permit No. 166, Conditional Use Permit No. 215, Grading Permit No. 2229, and Tentative Parcel Map No. 26073 shall be null and void and of no further effect.

2) In accordance with the provisions of Fish and Game Code §711.4 and Title 14, California Code of Regulations, §753.5, the applicant shall submit a check payable to the County of Los Angeles in the amount of $875.00 for the Fish and Game Environmental Filing Fee.  This check shall be submitted to the City within five (5) business days of City Council approval of this project.  If required, the applicant shall also pay any fine imposed by the Department of Fish and Game.

3) Each and every mitigation measure contained in the Mitigation Monitoring program attached as Exhibit “C” of Resolution No. 2002-34 is hereby incorporated by reference into the Conditions of Approval for Coastal Development Permit No. 166, Conditional Use Permit No. 215, Grading Permit No. 2229, and Tentative Parcel Map No. 26073.

4) The applicant shall fully implement and continue for as long as the hotel is operated the Mitigation Monitoring Program attached as Exhibit “C” to Resolution No. 2002-34 and execute all mitigation measures as identified and set forth in the Final Environmental Impact Report for the project as certified in said Resolution No. 2002-34.

5) The owner of the resort hotel and the property on which the hotel is located shall be responsible for the conditions of approval stated herein.

6) The conditions set forth in this Resolution are organized by application type for ease of reference.  Regardless of such organization, each condition is universally applicable to the entire Resort Hotel Area, unless a condition clearly indicates otherwise.  Said conditions shall be applicable as long as a hotel is operated on the property, unless otherwise stated herein.

7) In the event that a condition of approval is in conflict or is inconsistent with any mitigation measure for this project, the more restrictive shall govern.

8) Guarantee of minimum revenue generations as projected by the applicant and guarantee of all of the applicant’s financial obligations under the Development Agreement in a form and amount acceptable to the City Council and the City Attorney, preferably an irrevocable letter of credit, which shall be provided to the City prior to the issuance of building permits.  The applicant shall guarantee the payment of all City Taxes, and shall be secured in the form of an irrevocable letter of credit or bond during the first five (5) years of operation of the hotel.  (PLEASE NOTE THAT THIS CONDITION ORIGINATED FROM THE FINANCE ADVISORY COMMITTEE AND THE APPLICANT HAS EXPRESSED HIS OBJECTION TO THIS CONDITION.)

9) The applicant shall pay the Environmental Excise Tax in accordance with the RPVMC.

10) The Resort developer shall be responsible for constructing the public amenities required by these conditions of approval.  A bond, letter of credit or other security acceptable to the Director of Public Works shall be provided to secure completion  of such Public Amenities.

11) Prior to issuance of any grading or building permits, the applicant shall enter into an agreement with the City that outlines the maintenance responsibilities of all public amenities, including, but not limited to the bluff-top park, park benches and tables, public trails (pedestrian and bicycle), bicycle racks, public restrooms, landscaping, habitat protection, general public parking lot near the resort hotel building, fences, irrigation, and signs to name a few, as long as a hotel is operated on the property.  Furthermore, the applicant shall specify in the agreement how funding will be provided to maintain the public improvements constructed as part of the project which are not maintained by the City, County or other governmental agency.

12) The Resort owner shall maintain all on-site drainage facilities not accepted by Los Angeles County, including but not limited to structures, pipelines, open channels, retention and desilting basins, mechanical and natural filtering systems, and monitoring systems, so long as the property is operated as a resort hotel.  A bond, letter of credit or other security acceptable to the City shall be provided to secure completion  of such drainage facilities.  A bond to cover the cost of their maintenance for a period of 2 years after completion shall also be provided to the City.

13) Subject to the agreement of Los Angeles County, the applicant shall turn over all eligible drainage facilities to the Los Angeles County Public Works Department upon completion and acceptance of the facilities by the County of Los Angeles.

14) The applicant shall be required to pay 110% of the estimated amount of the cost of services to be provided on behalf of the City, in the form of a trust deposit account, prior to commencement of such services (e.g. golf safety consultant, geotechnical consultants, biologist, and landscape architect to name a few.).  Services provided by the City Attorney and other consultants providing services during the entire duration of the project shall be exempt from this condition.  However, in such cases, the applicant shall adequately fund said trust deposit accounts prior to the commencement of services, in amounts reasonably requested by the City, based upon an estimate of the cost of services for the period of at least 90 days to which services are rendered.

15) All costs associated with plan check reviews and site inspections for the Department of Public Works shall be incurred by the applicant through the establishment of a trust deposit with the Director of Public Works at the time of plan check submittal or site inspection request.

16) All City Attorney costs associated with the review and approval of the conditions stated herein shall be incurred by the applicant in the form of a trust deposit established with the City.

17) Six (6) months after the issuance of the Certificate of Occupancy for the main resort hotel building, the City Council shall review the Conditions of Approval contained herein at a duly noticed public hearing.  As part of said review, the City Council shall assess the applicant’s compliance with the conditions of approval and the adequacy of the conditions imposed.  At that time, the City Council may add, delete or modify any conditions of approval as evidence presented at the hearing demonstrates are necessary and appropriate to address impacts resulting from operation of the project.  Said modifications shall not result in substantial changes to the design of the hotel structures, to the ancillary structures, or the golf practice facility. Notice of said review hearing shall be published and provided to owners of property within a 500’ radius of the site, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Municipal Code (RPVMC).  As part of the six-month review, the City Council shall consider the parking conditions, circulation patterns (pedestrian, bicycle, and vehicular), lighting, landscaping, and noise.  The Council may also consider other concerns raised by the Council and/or interested parties.  The City Council may require such subsequent additional reviews as the City Council deems appropriate.  This provision shall not be construed as a limitation on the City’s ability to enforce any provision of the Rancho Palos Verdes Municipal Code regarding this project.

18) Any significant changes in the operational characteristics of the development, including, but not limited to, significant changes to the site configuration or golf practice facility; number of guest rooms (increases or decreases); size or operation of the conference center, banquet facilities, spa, restaurants, or other ancillary uses shall require an application for revision to this Conditional Use Permit pursuant to the provisions stated in the Rancho Palos Verdes Municipal Code.  The scope of any such review shall be limited to the request for modification and any items reasonably related to the request and shall be subject to review and approval by the City Council.   At that time, the City Council may impose such conditions as it deems necessary upon the proposed use resulting from operations of the project.  Further, the Council may consider all issues relevant to the proposed change of use.

19) These approvals shall expire twenty-four (24) months from the date of the City Council approval unless building permits for the main hotel structure have been applied for and are being diligently pursued.  Extensions of up to one (1) year may be granted by the City Council, if requested prior to expiration.  Such a time extension request shall be considered by the City Council at a duly noticed public hearing, pursuant to the provisions stated in the Rancho Palos Verdes Municipal Code.

20) Any and all operators of the resort, including the hotel, all ancillary amenities, and the golf practice facility, shall participate in the City’s recycling program.  Said recycling shall include, but not be limited to, green waste and paper goods, as specified in conditions 101-105.

21) The hotel spa facility shall be made available to the general public on a fee for use basis.

22) All on-site golf facilities shall be made available to the general public on a fee for use basis.

23) Prior to issuance of any Certificate of Occupancy, all golf facilities, public trails, public parks and public areas shall be designed to protect golfers and the general public in accordance with common safety standards and practices in the industry, subject to review and approval by the City’s duly assigned Golf Safety Consultant.  The applicant shall establish a trust deposit account with the City to cover all costs associated with the Golf Safety Consultant’s review.

24) Temporary construction fencing and temporary public trail fencing shall be installed in accordance with RPVMC.

25) All on-site construction and grading activities shall be limited to the hours between seven a.m. and seven p.m. Monday through Saturday.  No construction shall occur on Sundays or legal holidays as set forth in RPVMC unless a special construction permit is first obtained from the Director of Planning, Building and Code Enforcement.

26) Construction and grading activities within the public right-of-way shall be limited to the days and hours approved by the Director of Public Works at the time of permit issuance.

27) No on-site repair, maintenance or delivery of equipment and/or materials shall be performed before seven a.m. or after seven p.m. Monday through Saturday, nor on any Sunday or legal holiday, unless otherwise specified in the conditions stated herein or a Special Construction Permit is obtained from the City.  Emergency repairs, are exempt from this condition.

28) All construction activity shall adhere to the time schedule identified in the Addendum to the Certified Environmental Impact Report shown as Exhibit “__” of Resolution No. 2002-__ (TO BE COMPLETED LATER).  Any changes to the construction activity schedule shall be reviewed and approved by the Director of Planning, Building and Code Enforcement. 

29) A Certificate of Occupancy shall not be issued for the Villas or Casitas, unless a Certificate of Occupancy has been first issued for the main resort hotel building. 

Indemnification/Insurance

30) The owner of the property upon which the project is located shall hold harmless and indemnify City, members of its City Council, boards, committees, commissions, officers, employees, servants, attorneys, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, “Indemnitees”), from any claim, demand, damage, liability, loss, cost or expense, including but not limited to death or injury to any person and injury to any property, resulting from willful misconduct, negligent acts, errors or omissions of the owner, the applicant, the project operator, or any of their respective officers, employees, subconsultants, or agents, arising or claimed to arise, directly or indirectly, in whole or in part, out of, in connection with, resulting from, or related to the construction or the operation of the project approved by this resolution.

31) The applicant shall defend, with counsel satisfactory to the City, indemnify and hold harmless the City and its agents, officers, commissions, boards, committees and employees from any claim, action or proceeding against the City or its agents, officers, commissions, boards, committee or employees, to attack, set aside, void or annul this resolution or one or more of the approvals set forth in this resolution and PC Resolutions 2001-37, 2001-39, and 2001-40.  Alternatively, at the City’s election, the City may choose to defend itself from any claim, action or proceeding to attack, set aside, void or annul this resolution or one or more of the approvals set forth in this resolution.  In that case, the applicant shall reimburse the City for all of its costs, including attorney fees, arising from such claim, action or proceeding.  The obligations set forth in this condition include the obligation to indemnify or reimburse the City for any attorney fees that the City becomes obligated to pay as a result of any claim, action or proceeding within the scope of this condition. The City shall promptly notify the applicant of any claim, action or proceeding within the scope of this condition and the City shall cooperate fully in the defense of any such claim or action.

32) The City Attorney shall review and approve an indemnity agreement that shall  hold the City harmless in case of injury or damage caused to persons or property by golf balls.

33) The applicant shall procure and maintain in full force and effect during the operation of the hotel and/or golf practice facility general liability insurance in the amount of $___________ (the developer will provide the amount to insert, which will be an amount that is satisfactory to the City’s Risk Manager) against claims for injuries to persons or damages to property which may arise from or in connection with the long-term operation of the resort hotel and golf practice facility authorized by this resolution.  Such insurance shall name the City and the members of its City Council, boards, committees commissions, officers, employees, servants, attorneys, volunteers and agents serving as its independent contractors in the role of City officials, as additional insureds.  Said insurance, shall be issued by an insurer that is admitted to do business in the State of California with a Best’s rating of at least A-VII and a rating of at least A by Standard & Poor’s, shall be in an amount determined by the City’s Risk Manager to be reasonably necessary to protect the City from any potential liability, and shall comply with all of the following requirements:

(a) The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured.

(b) For any claims related to the project, applicant’s insurance coverage shall be primary insurance as respects City, members of its City Council, boards, committees, commissions, officers, employees, attorneys, volunteers and agents serving as independent contractors in the role of city or agency officials. 

(c) Applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought.  Additionally, the limits of applicant’s insurance shall apply separately to the project site.

(d) Each insurance policy required by this condition shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City.

(e) Each insurance policy required by this condition shall be endorsed to state that coverage shall not be materially modified except after 5 business days prior written notice by first class mail has been given to City.

(f) Each insurance policy required by this condition shall expressly waive the insurer’s right of subrogation against City and members of its City Council, boards and commissions, officers, employees, servants, attorneys, volunteers, and agents serving as independent contractors in the role of city or agency officials.

COASTAL PERMIT NO. 166

34) All plans submitted to Building and Safety for plan check review shall identify the location of the Coastal Setback Line and the Coastal Structure Setback Line in reference to the proposed structure.  

35) No structural improvements shall be permitted within the area between the  Coastal Structure Setback Line and the building footprint approved herein.  Notwithstanding the foregoing, the applicant may remodel the existing Lookout Bar, including adding a maximum expansion of 250 square feet of new building floor area.  An expansion to the Lookout Bar that exceeds 250 square feet of new building floor area may only be permitted if a Variance application is approved by the City.

36) Except as provided herein as part of the Conditional Use Permit, no new structures shall be permitted in the Coastal Structure Setback Zone (the area 25’ landward of the Coastal Setback Line).  Prohibited structures include, but are not limited to, pools, spas, vertical support members and chimneys.  However, minor structures and equipment, as stated in the RPVMC may be permitted, provided that the appropriate approvals are obtained from the Planning Department.  

37) Except as provided herein as part of the Conditional Use Permit, pursuant to the RPVMC, no new uses or structural improvements shall be allowed in the area seaward of the Coastal Setback Line including, but not limited to, slabs, walkways, decks 6” or more in height, walls or structures over 42” in height, fountains, irrigation systems, pools, spa, architectural features, such as cornices, eaves, belt courses, vertical supports or members, chimneys, and grading involving more than 20 cubic yards of earth movement, or more than three feet of cut or fill.  

38) All proposed structures within the Point Fermin Vista Corridor and Catalina View Corridor shall be constructed in adherence with the height limitations as identified in the City’s Coastal Specific Plan and the project’s certified EIR.

CONDITIONAL USE PERMIT NO. 215

Hotel Operations

39) The main hotel building and the freestanding bungalow units shall consist of no more than an aggregate total of 400 rooms (360 hotel rooms and 40 bungalow units) and shall not be designed for multiple keys for a configuration exceeding 400 rooms.  A main hotel room, for purposes herein, shall consist of any of the following: a typical guest room, a two-bay suite, one or more multiple-bay rooms with a single key, or a hospitality suite, as shown in Exhibit 7.14 of the Long Point Resort Permit Documentation dated June 23, 2000.  Furthermore, the bungalow units shall consist of single-keyed accommodations with one or more bedroom areas which may contain a living room area as shown in Exhibit 7.15 of the Long Point Resort Permit Documentation dated June 23, 2000.  

40) The casita units shall consist of no more than 50 casita units, with a maximum keying configuration of three (3) keys per casita unit resulting in a maximum possible 150 accommodations.  The casita units may be sold to individual persons or private entities, subject to the following restriction:  An owner of a unit may utilize that unit for no more than sixty (60) days per calendar year, and no more than twenty-nine (29) consecutive days at any one time.  A minimum seven (7) day period shall intervene between each twenty-nine (29) consecutive day period of occupancy by the owner.  The Casitas shall be fully managed by the resort hotel operator when not used by the owners.  Deed restrictions to this effect, which are satisfactory to the City Attorney, shall be recorded prior to any sale of any unit.

41) The resort villa units shall consist of no more than 32 single keyed units.  The resort villa units may be sold to private entities, subject to the following restriction:  An owner of a unit may utilize that unit for no more than ninety (90) days per calendar year, and no more than twenty-nine (29) consecutive days at any one time.  A minimum seven (7) day period shall intervene between each twenty-nine (29) consecutive day period of occupancy by the owner.  The Villas shall be fully managed by the resort hotel operator when not used by the owners.  Deed restrictions to this effect, which are satisfactory to the City Attorney, shall be recorded prior to any sale of any unit.

42) In the event that the Resort Villa and Casita units are not for sale, the units shall be included as hotel accommodations to be fully managed by the resort hotel operator and not by a separate entity.

43) Prior to issuance of building permits for the resort villa and casita units, the following shall be completed:

a) The applicant shall process a tract map in accordance with the Subdivision Map Act.

b) Deed Restrictions shall be recorded restricting the use and operation  of the resort villas and casitas, in a form acceptable to the City Attorney.

44) The Resort Hotel building, ancillary structures, and all accessory buildings associated with the golf practice facility shall substantially conform to the plans approved by the City Council and stamped by the Planning Department with the effective date of this approval.

45) Approval of this conditional use permit is contingent upon the concurrent and continuous operation of the primary components of the project, which are the hotel, villas, casitas, banquet facilities, spa facilities, retail facilities, and the golf practice facility.

46) Prior to issuance of any Certificate of Occupancy, the use of gardening equipment for the golf practice facility and landscape areas shall be controlled by a Golf and Hotel Landscape Maintenance Plan which is subject to review and approval by the Director of Planning, Building and Code Enforcement, based on an analysis of equipment noise levels and potential impacts to neighboring residents.  The implementation of the Plan shall be formally reviewed by the Director of Planning, Building and Code Enforcement three (3) months after the first day of operation of the golf practice facility, and shall be subsequently reviewed on an annual basis thereafter.  At the three (3) month review, the Director may determine that the Plan needs to be revised to address potential noise impacts.  The Director may also determine that additional review periods and/or other conditions shall be applied to the Maintenance Plan.

Furthermore, if the City receives any justified noise complaints that are caused by the maintenance of the golf or hotel landscaped and lawn areas, as verified by the Director of Planning, Building and Code Enforcement, upon receipt of notice from the City, the operators of the hotel and golf practice facility shall respond to said verified complaint by notifying the City and implementing corrective measures within 24 hours from the time of said notice.

The Director’s decision on any matter concerning the Landscape Maintenance Plan may be appealed to the City Council.  This condition shall apply to all operators of the resort hotel and/or golf practice facility, present and future.  Any violation of this condition may result in the revocation of the Conditional Use Permit. 

47) All deliveries utilizing vehicles over forty (40) feet in length shall be limited to the hours of 5:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 9:00 p.m. on Saturday and Sunday.  Other vehicles shall be allowed to make deliveries 24 hours a day

48) No heliport operations are approved or permitted for the Resort Hotel Area.  If in the future such operations are desired, a revision to this Conditional Use Permit shall be required.  Any such revision shall be reviewed by the City Council subject to the provisions stated in the RPVMC.

49) The applicant shall provide twenty-four (24) hour security throughout the project site throughout the calendar year. 

50) The Maintenance Building and associated maintenance repairs shall be conducted in an area that is visually screened with landscaping from public view.

Building Design Standards

51) The resort hotel shall contain the following principal visitor-serving structures and uses, and shall substantially comply with the following square footage numbers:

a) Conference Center / Banquet Facilities – 60,000 square feet

b) Restaurant, bar and lounge - approximately 22,500 square feet

c) Resort related retail, visitor services and guest amenities – approximately 20,000 square feet.

d) Spa Facilities – 25,000 square feet

e) Swimming pools - Three for the resort hotel (including the lower pool facility), one for the West Casitas, one for the Resort Villas, and one within the spa facility

f) Pool Cabanas: - commensurate with size of adjacent pool

g) Tennis Courts – two tennis Courts

h) Golf School / Club house – 8,000 square feet.

i) Golf Cart and Maintenance Facility (adjacent to tennis courts) – 4,000 square feet. 

j) Parking Structure – 180,000 square feet (459 parking spaces; 239 spaces on the lower level and 197 on the upper level).

k) Lookout Bar – 3,500 square feet

l) Resort Hotel Entry Trellis – 250 square feet of roof area

52) A Square Footage Certification prepared by a registered surveyor shall be submitted to the Director of Planning, Building and Code Enforcement, prior to a framing inspection, indicating that the buildings, as identified in the previous condition, do not exceed the permitted square footages.  

53) The maximum heights of the buildings approved on the Resort Hotel Area shall not exceed the following criteria:

 

Hotel Building

a. Maximum roof ridgeline 153 feet above sea level – plus fireplace chimney to the minimum height acceptable by the Uniform Building Code.

b. Maximum height of 86 feet at eastern elevation, as measured from adjacent finished grade located in the middle of the elevation, 53 feet at the inland most end of the elevation, and 50 feet from the seaward most end of the elevation.

c. Maximum height of 50 feet at northern elevation, as measured from adjacent finished grade, 30 foot maximum at western most end of the elevation, and 40 foot maximum at the eastern most end of the elevation.

d. Maximum height of 85 feet, as measured from lowest finished grade at the highest point along the southern elevation, 40 feet at the eastern most end of the elevation, and 50 feet at the western most end of the elevation.

e. Maximum height of 90 feet, as measured from lowest finished grade elevation along the western elevation, 60 feet at the seaward most end of the elevation, and 50 feet at the inland most end of the elevation.

Resort Villas – Maximum height shall not exceed 26 feet, as measured from  the lowest adjacent finished grade to the top of the highest roof ridgeline for those villa structures located outside of the visual corridor of Vertical Zone 1.  If any Villa structure is located within the visual corridor of Vertical Zone 1, as identified on the site plan, it shall not exceed a maximum height of 16 feet, as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline

Casitas - Maximum height of the casitas located outside of the visual corridor of Vertical Zone 1 shall not exceed 26 feet as measured from the lowest adjacent finished  grade.  The Casitas located within the Coastal Specific Plan’s Vertical Zone 1 shall not exceed 16 feet in height, as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline.

Bungalows - Maximum height of the bungalows shall not exceed 26 feet as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline.

Clubhouse – Maximum height of the clubhouse shall not exceed 16 feet as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline.

Golf Maintenance Facility - Maximum height of the maintenance facility shall not exceed 16 feet as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline.

Lookout Bar – Maximum height of the Lookout Bar shall not exceed 19 feet as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline. 

Parking Structure – Maximum height of the parking structure shall not exceed 16 feet, as measured from the lowest adjacent finished grade to the top of the highest parapet wall and railing thereon.

Accessory Structures – Maximum height of all accessory structures shall not exceed 12 feet, as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline.

Architectural Features – architectural elements (cupolas, rotundas, and towers) may exceed the foregoing height limits with the prior written approval of the Director of Planning, Building and Code Enforcement, provided that such elements are generally consistent with the plans reviewed by the City Council.

Chimneys - Fireplace chimneys shall be limited to the minimum height acceptable by the Uniform Building Code

54) A Building Pad Certification shall be prepared by a licensed engineer and submitted to Director of Planning, Building and Code Enforcement prior to final inspection of grading activities.  A Roof Ridgeline Certification, indicating the maximum height of each building, shall be prepared by a licensed engineer and submitted to Director of Planning, Building and Code Enforcement prior to the final framing certifications for each building.

55) In no event shall any structure exceed the elevation height of Palos Verdes Drive South, as measured from the closest street curb, adjacent to the Resort Hotel Area.

56) Glare resulting from sunlight reflecting off building surfaces and vehicles shall be mitigated by incorporating non-reflective building materials and paint colors into the design of the hotel architecture, as well as landscaping around the buildings and parking lots. 

57) The design of the parking structure shall resemble the hotel architecture and shall be subject to review and approval by the Director of Planning, Building and Code Enforcement.  The materials used for the parking structure shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of building permits.

58) The applicant shall submit an Architectural Materials Board for review by the Director of Planning, Building and Code Enforcement prior to issuance of building permits.  The Materials Board shall identify, at the least, a sample of the proposed exterior building materials, such as roof tile materials and paint colors.

59) The hotel buildings, and ancillary structures, shall be finished in a muted earth-tone color, as deemed acceptable by the Director of Planning, Building and Code Enforcement and with the Materials Board.

60) The roof materials for all pitched roofs of the hotel buildings, including but not limited to the Villas, Casitas, Bungalows, Golf Clubhouse and all other ancillary structures, shall be clay tile, consisting of a muted color, as deemed acceptable by the Director of Planning, Building and Code Enforcement and with the Materials Board.  The material for all flat roofs shall be the same color as the tiles used on the pitched roofs throughout the resort hotel, as deemed acceptable by the Director of Planning, Building and Code Enforcement.          

61) All trash enclosure areas shall be designed with walls six (6) feet in height with the capability of accommodating recycling bins.  The enclosures shall be consistent with the overall building design theme in color and material, and shall include  self closing / self latching gates.  The enclosures shall integrate a trellis type roof cover to visually screen and to reduce their visibility from all public rights-of-way and surrounding properties.

62) In accordance with the Commercial Recreational zoning district, the Resort Hotel Area shall not exceed a maximum lot coverage of thirty (30%) percent.  For the purpose of this project, the definition of Lot Coverage shall adhere to the residential standards set forth in Section 17.02.040(A)(5) of the RPVMC. 

63) In addition to the Coastal Setback line, as required by the RPVMC, all other building setbacks shall comply with the Commercial-Recreational zoning requirements, unless otherwise noted herein.  A Setback Certification shall be prepared by a licensed engineer and submitted to Building and Safety prior to the framing inspection on each structure.

Public Amenities (Trails and Parks)

64) Prior to the issuance of any building or grading permits for the hotel, casitas, spa, villas, or clubhouse, the applicant shall submit and receive approval for a Public Amenities Plan which shall include specific design standards and placement for all trails, vista points, parking facilities, signs, and park areas within the project site, as specified in the conditions herein.  Additionally, the Plan shall include the size, materials and location of all public amenities. The Plan shall be reviewed and approved by the City Council at a duly noticed public hearing, as specified in the RPVMC.

65) Prior to the issuance of any Certificate of Occupancy or the operation of the golf practice facility, whichever occurs first, the applicant shall complete the construction of the following public access trails, public parks and other public amenities within the project site, except for the Lookout Bar, which shall be constructed within six (6) months after the issuance of the first Certificate of Occupancy for the resort hotel:

a. Implementation of the Public Amenities Plan (such as benches, drinking fountains, bicycle racks, fences, signs, irrigation, and landscaping)

b. Public trails and trail signs to the satisfaction of the City (The Marineland Trail Segment (C5), Long Point Trail Segment (D4), Flowerfield Trail Segment (E2), and Café Trail Segment (J2) improvements).

c. Bicycle paths along southern lane of Palos Verdes Drive South adjacent to the project site.

d. The coastal public parking area within the resort hotel project area serving the coastal access points.

e. The expansion of the Fishing Access Parking Lot.

f. Improvements to the existing Fishing Access Parking lot.

g. Improvements to the Public Restroom facility at the Fishing Access site.

h. The 2.2 acre Bluff-Top park.

i. Habitat Enhancement area

66) The City encourages incorporation of a marine theme into the project’s public trails and park area.

67) The applicant shall upgrade the Los Angeles County Fishing access parking lot, fencing, signs, and landscaping to be consistent with the proposed 50 space parking lot expansion on the project site.  Said improvements shall be reviewed and approved by the County of Los Angeles or the subsequent landowner of the Fishing Access, and shall be constructed prior to issuance of any Certificate of Occupancy for the resort hotel. 

68) The applicant shall improve, to the satisfaction of the Director of Planning, Building and Code Enforcement and Public Works Director, the existing public restroom facility located at the Los Angeles County Fishing Access to architecturally and aesthetically resemble the resort hotel buildings and related public amenities.  Said improvements shall be reviewed and approved by the County of Los Angeles or the subsequent landowner of the Fishing Access, and shall be constructed prior to issuance of any Certificate of Occupancy for the resort hotel. 

69) Prior to the issuance of any Certificate of Occupancy, or prior to recordation of  Final Parcel Map No. 26073, whichever occurs first, the applicant shall dedicate easements over all public trails, habitat areas, vista points, and public amenities to the City of Rancho Palos Verdes.

70) Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate the 2.2 acre Bluff-Top park and 1.0 acre adjacent Fishing Access parking lot expansion (50 parking spaces) to the City.  Maintenance of the park grounds and landscaping, including but not limited to the landscaping located within the Fishing Access Parking Lot shall be maintained by the applicant as long as a hotel is operated on the property.

71) Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate an easement to the City and construct two Public Vista Points along the Long Point Trail Segment (D4) in locations to be approved by the Director of Planning, Building, and Code Enforcement in the review of the Public Trails Plan.

72) Prior to recordation of any final map or issuance of any building or grading permits, the applicant shall submit to the Director of Public Works a Public Trails Plan which identifies the on-site and off-site pedestrian and bicycle trails proposed for the project for review and approval by the City Council.  The plan shall include details regarding trail surface, trail width, and trail signage.  Furthermore, all trail segments shall be constructed with appropriate trail engineering techniques, as approved by the City’s Director of Public Works, to avoid soil erosion and excessive compaction.  The public trails, as identified in the city’s Conceptual Trails Plan shall include: the Marineland Trail Segment (C5); the Long Point Trail Segment (D4); the Flower Field Trail Segment (E2); and the Café Trail Segment (J2).  Furthermore, the beach access trail at the southeast corner of the project site shall also be kept open to the public and shall be maintained by the applicant.

73) Prior to issuance of any Certificate of Occupancy, the applicant shall construct  class I and class II bikeways along Palos Verdes Drive South, adjacent to the project site, to the satisfaction of the Director of Public Works.  In the event any drainage grates are required, all grates shall be installed in a manner that is perpendicular to the direction of traffic to the satisfaction of the Director of Public Works.

74) All project related trails, as identified in the City’s Conceptual Trails Plan, shall be designed to the following minimum standards for trail widths, with easements extending an additional foot on either side of the trail:

a. Pedestrian Only – 4 foot improved trail width, 6 foot dedication

b. Pedestrian/Equestrian – 6 foot improved trail width, 8 foot dedication

c. Pedestrian/Bike - 6 foot improved trail width, 8 foot dedication

d. Joint Pedestrian/Golf Cart – 10 foot improved trail, 12 foot dedication.

Standard golf cart-only paths, if constructed, shall be 6 feet wide, and require no easement dedication.

If a golf cart path is parallel to a pedestrian path, a 2 foot minimum separation between the two paths shall be incorporated into the design of the paths in question and shall be maintained at all times thereafter.  If a golf cart path is adjacent to a pedestrian path, the golf cart path shall be curbed.

75) Where feasible, the applicant shall design, to the satisfaction of the Director of Planning, Building, and Code Enforcement, public trails, public restrooms and public park facilities that are in compliance with the American Disabilities Act requirements.

76) Where feasible, the applicant shall design trails, to the satisfaction of the Director of Planning, Building and Code Enforcement, that do not exceed a maximum gradient of twenty (20%) percent.

Landscaping/Vegetation

77) Prior to issuance of any building or grading permits, the applicant shall record a conservation easement covering the Bluff-face/Habitat Enhancement Area.  The conservation easement shall be recorded in favor of the City of Rancho Palos Verdes, and shall first be reviewed and accepted by the City Attorney.

78) The Habitat Enhancement Area shall extend from the Los Angeles County Fishing Access Parking Lot to the Lookout Bar, for a width of thirty (30) feet, as measured from the inland limits of the coastal bluff scrub, as specified in the Mitigation Measures adopted by the City Council by Resolution No. 2002-34.  All public trails in this portion of the site shall not encroach into the Habitat Enhancement Area.

79) A Landscape Plan shall be prepared by a qualified Landscape Architect in accordance with the standards set forth in RPVMC.  The Landscape Plan shall be reviewed and approved by the Director of Planning, Building and Code Enforcement, a qualified Landscape Architect and a qualified botanist, hired by the City, prior to the issuance of any building or grading permits. The applicant shall establish a Trust Deposit account with the City prior to the submittal of Landscape Plans to cover all costs incurred by the City in conducting such review.  During the Director’s review, the Landscape Plan shall also be made available to the public, including but not limited to representatives from the California Native Plant Society, for review and input. 

The Ornamental Landscape Plan shall comply with the water conservation concepts, the View Preservation Ordinance, the planting requirements, the irrigation system design criteria, and all other requirements of the RPVMC.  The plan shall also take into account protected view corridors as identified in the project EIR such that future impacts from tree or other plant growth will not result.  A colorful plant palette shall be utilized in the design of the hotel landscaping where feasible, provided that impacts to native and protected vegetation will not occur.

The Habitat Enhancement Area, which serves as a plant buffer for the El Segundo Blue Butterfly and the Bluff Habitat shall consist of suitable, locally native plants.  In addition, the 50-foot wide planting area inland of the proposed public trail, as specified in the adopted Mitigation Monitoring Program (5.3-2c) attached as Exhibit “C” of Resolution No. 2002-34, shall also be planted with suitable, locally native plants. Where feasible, it is recommended that seeds and plants for both areas come from local sources.    

80) Landscaping proposed surrounding the Resort Villas shall be situated in a manner that, at maturity, visually screens the buildings from Palos Verdes Drive South, as well as visually separates the dense appearance of the Villas.  Said landscaping shall also be permitted to grow beyond the maximum height of the Villas’ roof ridgeline, only when such landscaping is able to screen the roof materials and not block a view corridor, as determined by the Director of Planning, Building and Code Enforcement at the time the Landscape Plan is reviewed. 

81) Reasonable efforts shall be made by the applicant to preserve and replant existing mature trees, as deemed acceptable by the Director of Planning, Building and Code Enforcement.  Any replanted trees, if invasive, shall not be located in the native plant area (30-foot Habitat Enhancement Area and 50-foot transition area).  Any such replanted or retained trees shall be noted on the required landscape plans.

82) Where practical, landscaping shall screen the hotel building, ancillary structures, and the project’s night lighting as seen from surrounding properties and/or public rights-of-way, as depicted on the Landscape Plan.

Lighting

83) The applicant shall prepare and submit a Lighting Plan for the Resort Hotel Area in compliance with the RPVMC.  The Lighting Plan shall clearly show the location, height, number of lights, wattage and estimates of maximum illumination on site and spill/glare at property lines for all exterior circulation lighting, outdoor building lighting, trail lighting, parking lot lighting, landscape ambiance lighting, and main entry sign lighting.   The Lighting Plan shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement prior to issuance of any building permit for the Resort Hotel Area, at a duly noticed public hearing pursuant to the provisions set forth in the RPVMC.  Furthermore, prior to the Director’s review, the Lighting Plan shall be reviewed and approved by a qualified biologist for potential impacts to wildlife. 

84) Parking and Security lighting shall be kept to minimum safety standards and shall conform to City requirements.  Fixtures shall be shielded so that only the subject property is illuminated; there shall be no spillover onto residential properties or halo into the night sky.  A trial period of ninety (90) days from issuance of the  Certificate of Occupancy of each component of the project (ie: hotel, spa, west casitas, east casitas, clubhouse, and villas) for assessment of the exterior lighting impacts shall be instituted.  At the end of the ninety (90) day period, the Director of Planning, Building and Code Enforcement may require additional screening or reduction in the intensity or number of lights which are determined to be excessively bright or otherwise create adverse impacts.

85) Outdoor tennis court lighting shall be permitted on individual timers up to 10:00 p.m.  Light poles for such lighting shall not exceed an overall height of 16 feet, including the light fixture.

86) No golf practice facility lighting shall be allowed other than safety lighting for the use of trails through the golf practice facility areas, as well as lighting for the clubhouse and adjacent parking lot. 

Signs

87) Prior to the issuance of any building, a Uniform Sign Program shall be submitted to the Planning Department for review and approval by the City Council, at a duly noticed public hearing.  The Sign Program shall include all exterior signs including resort identification signs, spa identification signs, golf practice facility signs including routing signs and any warning signs, public safety signs for trails and park areas, and any other proposed project signs.  Furthermore, the Sign Program shall  indicate the colors, materials, locations and heights of all proposed signs.  Said signs shall be installed prior to issuance of any Certificate of Occupancy.

Utilities/Mechanical Equipment

88) Prior to issuance of any Certificate of Occupancy, all utilities exclusively serving the project site shall be placed underground including cable television, telephone, electrical, gas and water, prior to issuance of any Certificate of Occupancy.  All appropriate permits shall be obtained for any such installation.  Cable television, if utilized, shall connect to the nearest trunk line at the applicant’s expense.

89) Prior to issuance of any Certificate of Occupancy, all existing above ground utilities serving the project site within the public right-of-way adjacent to the property frontage of the project site shall be placed underground by the applicant.  Said undergrounding shall include the removal of the two (2) power poles on either side of Palos Verdes Drive South, adjacent to the Fishing Access site,  within the public right-of way directly adjacent to the project site.

90) No above ground utility structures cabinets, pipes, or valves shall be constructed within the public rights-of-way without approval of the Director of Public Works.

91) Mechanical equipment, vents or ducts shall not be placed on roofs unless the applicant demonstrates, to the satisfaction of the Director of Planning, Building and Code Enforcement, that there is no feasible way to place the equipment elsewhere.  In the event that roof mounted equipment is the only feasible method, all such equipment shall be screened and/or covered to the satisfaction of the Director of Planning, Building, and Code Enforcement so as to reduce their visibility from adjacent properties and the public rights-of-way.  Any necessary screening or covering shall be architecturally harmonious with the materials and colors of the buildings, and shall not increase the overall allowed building height.  This condition shall apply to all buildings in the Resort Hotel Area, including but not limited to, the hotel, bungalows, casitas, villas, spa, and golf clubhouse.

92) Use of satellite dish antenna(e) or any other antennae shall be controlled by the provisions set forth in the RPVMC.  Centralized antennae shall be used rather than individual antennae for each room, building or accommodation.

93) Mechanical equipment, regardless of its location, shall be housed in enclosures designed to attenuate noise to a level of 65 dBA at the project site’s property lines.  Mechanical equipment for food service shall incorporate filtration systems to eliminate exhaust odors.

94) All hardscape surfaces, such as the parking area and walkways, shall be properly maintained and kept clear of trash and debris.  The hours of maintenance of the project grounds shall be restricted to Mondays through Fridays from 7:00 a.m. to 5:00 p.m., and on Saturdays from 9:00 a.m. to 4:00 p.m.  Said maintenance activities shall be prohibited on Sundays and National holidays.

95) The storage of all goods, wares, merchandise, produce, janitorial supplies and other commodities shall be permanently housed in entirely enclosed structures, except when in transport.

Fences, Walls, and Gates

96) No freestanding fences, walls, or hedges shall be allowed, unless a Uniform Fencing Plan is reviewed and approved by the Director of Planning, Building, and Code Enforcement, except as otherwise required by these conditions or the mitigation measures set forth in the Mitigation Monitoring Plan attached as Exhibit C to Resolution No. 2002-34.  Said Fencing Plan shall be reviewed and approved prior to issuance of building permit and shall be installed prior to issuance of any Certificate of Occupancy.  No entry gates shall be permitted. 

97) The design of the fencing required along the bluff top park, bluff top trails, and the Habitat Preserve Areas shall be included in the Public Amenities Plan, as required herein.  Said fencing shall be modeled to generally resemble the wood / cable fence installed in City parks, such as Shoreline Park and Ocean Trails. 

98) All pools and spas shall be enclosed with a minimum 5’ high fence, with a self-closing device and a self-latching device located no closer than 4’ above the ground.

99) No safety netting for the golf course or practice facility shall be permitted.

100) Any on-site fencing along Palos Verdes Drive South shall be no higher than two (2) feet in height and shall be modeled to generally resemble the fencing installed along Palos Verdes Drive West for the Ocean Front Estates project.  

Source Reduction and Recycling

101) Prior to issuance of any Certificate of Occupancy, the applicant shall prepare and submit to the Director of Public Works for review and approval a comprehensive Integrated Waste Management Plan that addresses source reduction, reuse and recycling.  The Plan shall include a description of the materials that will be generated, and measures to reduce, reuse and recycle materials, including, but not limited to, beverage containers, food waste, office and guest room waste.  The Plan shall also incorporate grass cycling, composting, mulching and xeriscaping in ornamental landscaped areas, and shall not be used in habitat areas.   It is the City’s intention for the project to meet Local and State required diversion goals in effect at the time of operation.  The specifics of the Plan shall be addressed by the applicant at the time of review by the Director of Public Works. 

102) Prior to issuance of any building or grading permits, an approved Construction and Demolition Materials Management Plan shall be prepared and submitted to the Director of Public Works for approval.  Affected project includes all deconstruction, new construction, and alterations/additions.  The Construction and Demolition Materials Management Plan (CDMMP) shall document how the Applicant will divert 85% of the existing on-site asphalt, base and concrete, through reuse on-site or processing at an off-site facility for reuse.  The Plan shall address the parking lots, concrete walkways, and other underground concrete structures.  The Plan shall also identify measures to reuse or recycling building materials, including wood, metal, and concrete block to meet the City’s diversion goal requirements as established by the State Integrated Waste Management Act (AB 939). In no case shall the project propose to recycle less than the existing state mandated goals.

103) Prior to issuance of any Certificate of Occupancy, a Construction and Demolition Materials Disposition Summary shall be submitted to the Director of Public Works upon completion of deconstruction and construction.  The Disposition Summary shall indicate actual recycling activities and compliance with the diversion requirement, based on weight tags or other sufficient documentation.

104) Where possible, the site design shall incorporate green building and sustainable development design criteria for solid waste minimization, including use of recycled content building materials and reuse of on-site demolition debris.    

105) The project site design shall incorporate areas for collection of solid waste with adequate space for separate collection of recyclables.  

Street and Parking Improvements

106) Prior to issuance of any Certificate of Occupancy, emergency vehicular access shall be installed at the project site, specifically to the hotel, villas, casitas, and the golf club house and golf practice facilities.  A Plan identifying such emergency access shall be submitted to the Fire Department and the Director of Public Works for review and approval prior to issuance of any grading or building permit.

107) Prior to issuance of any building permit, the applicant shall prepare an Emergency Evacuation Plan for review and approval by the Director of Planning, Building and Code Enforcement.  Said plan shall comply with the City’s SEMS Multihazard Functional Plan. 

108) The applicant shall construct and retain no fewer than 875 parking spaces on the resort property, of which 50 parking spaces shall be dedicated for public use during City Park Hours, which are from one hour before sunrise until one after sunset. The 50 dedicated public parking spaces on the resort hotel property nearest to the hotel building may be used by the hotel to accommodate its overflow parking needs when the City parks are closed, as specified in the RPVMC.  Those 50 public parking spaces may be used by the operators of the resort hotel for special events during City park hours, provided that a Special Use Permit is obtained by the Planning Department, which shall be processed pursuant to the provisions of the RPVMC.  The applicant shall also expand the Fishing Access Parking Lot by constructing 50 additional public parking spaces that shall be deeded to the City as a public parking area. 

109) Prior to issuance of any Certificate of Occupancy, an appropriate public access easement across the resort entry drive from Palos Verdes Drive South to the designated public parking area adjacent to the main hotel building, in a form acceptable to the City Attorney, shall be recorded.

110) A Parking Lot Plan shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of project related grading permits.  The Parking Lot Plan shall be developed in conformance with the parking space dimensions and parking lot standards set forth in RPVMC.  No more than 15% of the total parking spaces shall be in the form of compact spaces.  The filing fee for the review of the Parking Plan shall be in accordance to the City’s Fee Schedule as adopted by Resolution by the City Council. 

111) Prior to the recordation of any final map, or issuance of any grading permit, the applicant shall submit security, in a form reasonably acceptable to the City, to cover any damage caused to existing public roadways during construction.  The amount of said security shall be determined by the Director of Public Works.

112) Prior to issuance of any Certificate of Occupancy, the applicant shall replace all damaged curbs, gutters, and sidewalks along the project’s Palos Verdes Drive South frontage, as determined by the Director of Public Works.  The applicant shall post a security bond in an amount sufficient to ensure completion of such improvements, including, without limitation, the costs for labor and material. The amount of such security shall be determined by the Director of Public Works

113) All proposed driveways shall be designed in substantially the same alignment as shown on the approved site plans, subject to final design review and approval by the Los Angeles County Fire Department and the Director of Public Works.

114) Any on-site raised and landscaped medians and textured surfaces shall be designed to standards approved by the Director of Public Works.

115) Handicapped access ramps shall be installed and or retrofitted in accordance with the current standards established by the Americans with Disabilities Act.  Access ramps shall be provided at all intersections and driveways.

116) If excavation is required in any public roadway, the roadway shall be resurfaced with an asphalt overlay to a lane line. 

117) Prior to commencing any excavation within the public rights-of-way, the applicant shall obtain all necessary permits from the Director Public Works.

118) Prior to the recordation of a final map or issuance of any building or grading permits, whichever comes first, the applicant shall construct or enter into an agreement and post security guaranteeing the construction of the following public and/or private improvements in conformance with the applicable City Standards: Street improvements, medians, sidewalks, drive approaches, bus turnouts and shelters, bikeways, trails, signing, striping, storm drain facilities, sub-drain facilities, landscape and irrigation improvements (medians, slopes, parks, and public areas including parkways), sewer, domestic water, monumentation, traffic signal systems, trails, and the undergrounding of existing and proposed utility lines. If security is posted it shall be in an amount sufficient to ensure completion of such improvements, including, without limitation, the costs for labor and material. The amount of such security shall be determined by the Director of Public Works. The security referred to in this condition may be grouped into one of the following categories, provided that all of the items are included within a category: 1) Landscape and Irrigation; 2) On-site Street Improvement Plans and Parking, and 3) Palos Verdes Drive South Improvements.

119) Prior to the issuance of any Certificate of Occupancy, the applicant shall complete the street improvements to Palos Verdes Drive South as identified in the Mitigation Measures set forth in the Mitigation Monitoring Plan attached as Exhibit “C” to Resolution No. 2002-34.  The improvements shall include the following: Installation of a new Traffic Signal on Palos Verdes Drive South at the project entrance, a right turn lane for south-bound traffic to facilitate ingress into the project and a lengthened left turn lane for north-bound traffic to facilitate ingress into the project.

120) Prior to issuance of any Certificate of Occupancy, the applicant shall improve with landscaping and irrigation the median and parkway along Palos Verdes Drive South, in the area generally located in front of the project site’s entrance driveway, including the portion of the median that is to be improved with an expanded left-turn pocket, up to the eastern most driveway of the Fishing Access Parking Lot.

121) The design of all interior streets shall be subject to review and approval by the Director of Public Works.

122) The applicant shall dedicate vehicular access rights to Palos Verdes Drive South to the City, except as provided for private driveways and emergency access as shown on the site plan.

123) Prior to the approval of Street Improvement Plans, the applicant shall submit detailed specifications for the structural pavement section for all streets, both on-site and off-site including parking lots, to the Director of Public Works for review and approval.

Traffic

124) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the City of Los Angeles for its fair share of the following improvements to the intersection of Western Avenue (NS) at 25th Street (EW): Provide east leg of 25th Street with one left turn lane, two through lanes, and one right turn lane. 

125) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the City of Rolling Hills Estates for its fair share of the following improvements to the intersection of Hawthorne Boulevard (NS) at Palos Verdes Drive North (EW):  Provide west leg with one left turn lane, one shared left and through lane, one through lane, and one right turn lane.

126) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay The City Of Rolling Hills Estates for its fair share of the following improvements to the intersection of Silver Spur Road( NS) at Hawthorne Boulevard (EW): Provide north leg with one left turn lane, two through lanes, and one right turn lane; and re-strip south leg with two left turn lanes, one through lane, and one right turn lane.

127) Prior to issuance of building or grading permits, the applicant shall provide security, in a form reasonably acceptable to the Director of Public Works, in the amount of $100,000 to cover the applicant’s fair share of impacts to any new traffic signal that may be required along Hawthorne Boulevard or Palos Verdes Drive West. This security will be held by the City for a three year period, from the date of the main hotel building’s Certificate of Occupancy, after which any unused portion shall be returned to the applicant.

128) Upon the opening of the resort hotel or golf practice facility, whichever occurs first, the hotel operators shall implement and monitor a shuttle service between the Long Point Resort Hotel and the Ocean Trails Golf Course.  The use of low emissions vehicles shall be used for the shuttles.

129) The applicant shall comply with all applicable provisions of the City's Transportation Demand Management and Trip Reduction Ordinance as set forth in RPVMC Section 10.28.

GRADING PERMIT NO. 2229

Grading

130) The following maximum quantities and depths of grading are approved for the Resort Hotel Area, as shown on the approved grading plans dated received on May 21, 2002 and prepared by Incledon Kirk Engineers:

a. Maximum Total Grading (Cut and Fill): 784,550 cubic yards.

b. Maximum Cut: 411,889 cubic yards (392,275 cubic yards with 5% shrinkage).

c. Maximum Fill: 392,275 cubic yards.

d. Maximum Depth of Cut: 35 feet (located in the area of the western most bungalow units).

e. Maximum Depth of Fill: 21 feet (located in the area of the more inland row of Western Casitas).

Any modifications resulting in additional grading in excess of the above amounts shall require approval of an amendment to the grading permit by the City Council.  This is a balanced grading project.  No import or export of earth shall be permitted.

131) All recommendations made by the City Geologist, the City Engineer, and the Building and Safety Division during the ongoing review of the project shall be incorporated into the plans for the project.

132) All recommendations made by the project’s geologist, as modified by comments from the City’s reviewers, shall be incorporated into the design and construction.

133) If applicable, as determined by the City Geologist, prior to the 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.

134) Prior to issuance of a grading permit by Building and Safety, the applicant shall submit to the City a Certificate of Insurance demonstrating that the applicant has obtained a general liability insurance policy in an amount not less than 5 million dollars per occurrence and in the aggregate to cover awards for any death, injury, loss or damage, arising out of the grading or construction of this project by the applicant.  Said insurance policy must be issued by an insurer admitted to do business in the State of California with a minimum rating of A-VII by Best’s Insurance Guide.  Said insurance shall be maintained in effect for a minimum period of five (5) years following the final inspection and approval of said work by the City and shall not be canceled or reduced during the grading or construction work without providing at least thirty (30) days prior written notice to the City.   

135) All on-site public improvements (Parking lots, sidewalks, ramps, grading) shall be bonded for with the appropriate improvements bonds in amounts to be deemed satisfactory by the Director of Public Works.

136) Prior to issuance of a grading permit, the applicant shall provide the Director of Planning, Building and Code Enforcement a plan that demonstrates how dust generated by grading activities will be mitigated so as to comply with the South Coast Air Quality Management District Rule 403 and the City’s Municipal Code Requirements which require watering for the control of dust.

137) Prior to the issuance of a grading permit, the applicant shall prepare a plan indicating, to scale, clear sight triangles which shall be maintained at each roadway and driveway intersection.  No objects, signs, fences, walls, vegetation, or other landscaping shall be allowed within these triangles in excess of three feet in height.

138) Prior to the issuance of a grading permit, the following improvements shall be designed in a manner meeting the approval of the Director of Public Works:  1) All provisions for surface drainage; 2) All necessary storm drains facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; 3) All water quality related improvements; and 4) Where determined necessary by the Director of Public Works associated public street and utility easements shall be dedicated to the City.

139) Prior to the issuance of any precise grading permit, the applicant shall submit to the Director of Public Works, a plan for the placement of traffic signing, pavement delineation, and  other traffic control devices.

140) Prior to the issuance of grading permits, the applicant shall submit to the Director of Public Works, for his review and approval, a construction traffic management plan.  Said plan shall include the proposed routes to and from the project site for all deliveries of equipment, materials, and supplies, and shall set forth the parking plan for construction employees.  All construction related parking must be accommodated on-site.  No construction related parking shall be permitted off-site.

141) If applicable, as determined by the City Geologist, prior to the issuance of a grading permit, all geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a restricted use area on the Final Parcel Map, in which the erection of buildings or other structure shall be prohibited.

142) Prior to the issuance of building permits, an independent Geology and/or Soils Engineer’s report on the expansive properties of soils on all building sites shall be submitted for review and approval by the City Geologist in conformance with the accepted City Practice.

143) Prior to the issuance of a building permit, an as-built geological report shall be submitted for structures founded on bedrock, and an as-built soils and compaction report shall be submitted for structures founded on fill as well as for all engineered fill areas.

144) Prior to the issuance of a grading permit , the applicant’s project geologist shall review and approve the final plans and specifications and shall stamp and sign such plans and specifications.

145) Prior to the issuance of a grading permit, a grading plan review and geologic report, complete with geologic map, shall be submitted for review and approval by the City’s Geotechnical Engineer.

146) Foundations shall be set back from the Coastal Setback Line in accordance with the RPVMC and shall extend to such a depth as to be unaffected by any creep prone surficial soil and/or weathered bedrock.  Field review and certification by the project geologist is required.

147) All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance wit the applicable provisions of the RPVMC and the recommendations of the City Engineer.  Written reports, summarizing grading activities, shall be submitted on a weekly basis to the Director of Public Works and the Director of Planning, Building, and Code Enforcement.

148) The project shall comply with all appropriate provisions of the City’s Grading Ordinance, unless otherwise approved in these conditions of approval.

149) Grading activity on site shall occur in accordance with all applicable City safety standards.

150) Prior to final grading inspection by Building and Safety, the graded slopes shall be properly planted and maintained in accordance with an approved landscaping plan.  Plant materials shall generally include significant low ground cover to impede surface water flows.

151) Prior to final grading inspection by Building and Safety, all manufactured slopes shall be contour graded to achieve as natural an appearance as is feasible.

152) Any water features (lakes, ponds, fountains, and etc.) associated with the golf practice facility shall be lined to prevent percolation of water into the soil.  Designs for all water features shall be included on the grading plans submitted for review by the City’s Building Official and Geotechnical Engineer.

153) Should the project require removal of earth, rock or other material from the site, the applicant shall first obtain City approval in the form of a revised Conditional Use Permit and Grading Permit application.  Said review shall evaluate potential impacts to the surrounding environment associated with export or import.  If the revised grading impacts are found to be greater that identified in the Certified EIR, a Supplemental EIR shall be prepared and reviewed by the City, at the expense of the applicant.  Furthermore, the applicant shall prepare and submit a hauling plan to the Public Works Department for review and approval prior to issuance of grading permits.

154) The use of a rock crusher on-site shall be conducted in accordance with the project’s mitigation measures and shall be contained to the area analyzed in the project’s Environmental Impact Report.

155) During the operation of the rock crusher, a qualified biologist shall monitor noise levels generated by the activity for potential impacts to nearby wildlife.  Said specialist shall be hired by the City at the cost of the applicant, in the form of a trust deposit account provided by the applicant.

156) Retaining walls shall be limited in height as identified on the grading plans that are reviewed and approved by the City.  Any retaining walls exceeding the permitted heights shall require the processing of a revised grading permit for review and approval by the Director of Planning, Building and Code Enforcement.

Drainage       

157) The irrigation, area drain, and any lake system proposed shall be reviewed and approved by the City’s Geotechnical Engineer and Director of Public Works.

158) A report shall be prepared indicating how the grading, in conjunction with the drainage improvements, including applicable swales, channels, street flows, catch basins, will allow building pads to be safe from inundation from rainfall runoff which may be expect from all storms up to and including the 100-year flood.

159) All drainage swales and any other at-grade drainage facilities, including gunite, shall be of an earth tone color, as deemed necessary by the Director of Building Planning and Code Enforcement.

160) Prior to issuance of any building or grading permits, the applicant shall submit a Local Grading and Drainage Plan identifying how drainage will be directed away from the bluff top and open channels to prevent erosion and to protect sensitive plant habitat on the bluff face.  Said Plan shall be reviewed by the Director of Public Works and the Director of Planning, Building and Code Enforcement.  

161) Drainage plans and necessary support documents to comply with the following requirements shall be submitted for approval by the Director of Public Works prior to the issuance of grading permits: A)  Provide drainage facilities to remove any flood hazard to the satisfaction of the Director of Public Works and dedicate and show easements on the Final Map; B) Eliminate the sheet overflow and ponding or elevate the floors of buildings with no openings in the foundation walls to at least twelve inches above the finished pad grade; C) Provide drainage facilities to protect the property from high velocity scouring action; and D) Provide for contributory drainage from adjoining properties.

PLACE HOLDER

162) The applicant is currently working with Staff to draft appropriate conditions dealing with off-site drainage.

NPDES

163) Prior to acceptance of the storm drain system, all catch basins shall be stenciled with a water quality message in accordance with City Standards.

164) Prior to the issuance of any Certificate of Occupancy, the applicant shall furnish to the Director of Planning, Building and Code Enforcement a recorded copy of the CC&Rs or Maintenance Agreement outlining the post-construction Best Management Practices (BMPs).

165) Prior to issuance of any building or grading permits, the applicant shall submit for review and approval a Storm Water Pollution Prevention Plan to the Director of Public Works.

166) Prior to issuance of any building or grading permits, the applicant shall submit an Urban Stormwater Mitigation Plan describing the Best Management Practices  (BMPs) that will be in effect during the continued life of the project to minimize and reduce pollutants in storm water and urban runoff.  The plan shall also include a maintenance and operations plan.  If the plan requires the construction of improvements, such plans shall be reviewed and approved by the Director of Public Works.  All costs associated with the installation and maintenance of project related Best Management Practices (BMPs) shall be the responsibility of the applicant.

167) Prior to issuance of any building or grading permits, the applicant shall be responsible for obtaining all required permits from the California Regional Water Quality Control Board.

168) Prior to issuance of any building or grading permits, the applicant shall prepare an Erosion Control Plan in conformance with the City standards and the requirements of the Regional Water Quality Control Board.

169) Prior to issuance of any building or grading permits, the Applicant shall submit proof that permits from the Regional Water Quality Control Board have been received.

170) Prior to issuance of any Certificate of Occupancy, the applicant shall implement the project in full compliance with the standard urban storm water mitigation plan adopted by the Regional Water Quality Control Board.

Sewers

171) Prior to issuance of any building or grading permits, the applicant shall prepare sewer plans in accordance with the Countywide Sewer Maintenance District.  The applicant shall be responsible for the transfer of sewer facilities to the  Countywide Sewer Maintenance District for maintenance. 

172) A sewer improvement plan shall be prepared as required by the Director of Public Works and the County of Los Angeles.

173) Prior to issuance of building or grading permits, the applicant shall submit to the Director of Public Works, a written statement from the County Sanitation District accepting any new facility design and/or any system upgrades with regard to existing trunk line sewers.  Said approval shall state all conditions of approval, if any.

174) Prior to the issuance of any Certificate of Occupancy, the applicant shall dedicate sewer easements to the City, subject to review and approval by the Director of Building, Planning and Code Enforcement and the Director of Public Works with respect to the final locations and requirements of the sewer improvements.

175) Sewer Improvement plans shall be approved by the County of Los Angeles, the County Sanitation Districts, and the Director of Public Works.

176) A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles County prior to the issuance of a permit to connect to the sewer line.

Water

177) Prior to the construction of any water facilities, the Director of Public Works shall review and approve the water improvement plan.  Any water facilities that cannot be constructed below ground shall be placed on private property and screened from view from any public rights-of-way, to the satisfaction of the Director of Public Works and the Director of Planning, Building and Code Enforcement . In addition, an easement to California Water Service shall be dedicated prior to issuance of any grading or building permits.  

178) The project site shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department.  The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the development.  Domestic flow requirements shall be determined by the City Engineer.  Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Los County Fire Department is required prior to issuance of building permits.

179) Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to said structures.

180) The applicant shall file with the Director of Public Works an unqualified "will serve" statement from the purveyor serving the project site indicating that water service can be provided to meet the demands of the proposed development.  Said statement shall be dated no more than six months prior to the issuance of the building permits for the main hotel structure.  Should the applicant receive a qualified "will serve" statement from the purveyor, the City shall retain the right to require the applicant to use an alternative water source, subject to the review and approval of the City, or the City shall determine that the conditions of the project approval have not been satisfied.

181) Prior to the issuance of building or grading permits, the applicant shall file with the Director of Public Works, a statement from the purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that under normal operating conditions the system will meet the needs of the project.

TENTATIVE PARCEL MAP  NO. 26073

182) The proposed parcel map shall result in the creation of four (4) parcels (resort hotel parcel, west casita parcel, east casita parcel, and villa parcel).  The 2.2 acre Bluff Top park and Fishing Access Expansion Parking Lot shall be separately deeded to the City prior to recordation of the Final Map.

183) The applicant shall record a restrictive covenant or other document that is satisfactory to the City Attorney that requires all of the various parcels that are within the boundaries of the parcel map to be fully managed by the resort hotel operator.

184) The applicant shall supply the City with one mylar and ten copies of the map no later than thirty (30) days after the final map has been filed with the Los Angeles County Recorders Office.

185) All improvement plans shall be as-built upon completion of the project.  Once the as-built drawings are approved, the applicant shall provide the City with a duplicate mylar of the plans.

186) The improvement plans shall be prepared by a Registered Civil Engineer, and shall be prepared on standard city size sheets.  Plans shall be in substantial conformance with the approved tentative map and site plan as approved by the City Council and stamped by the Planning Department with the effective date of this approval.

187) This approval expires twenty-four (24) months from the date of approval of the parcel map by the City Council, unless extended per Section 66452.6 of the California Government Code and Section 16.16.040 of the RPVMC.  Any request for extension shall be submitted to the Planning Department in writing at least sixty (60) days prior to the expiration of the tentative map.

188) This development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property.

189) According to Section 16.20.130 of the RPVMC and the Subdivision Map Act (California Government Code Section 66410 et seq.), at the time of making the survey for the final parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Subdivision Map Act.  Prior to recording the final map, the exterior boundary of land being subdivided shall be adequately monumented with no less than a two (2) inch iron pipe, at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary corner.  The parcel lot corners shall be monumented with no less than one-half inch iron pipe for the interior monuments.  Spikes and washers may be set in asphalt pavement and lead and tacks may be set in concrete pavement or improvements in lieu of pipes.  All monuments shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.

190) The applicant shall be responsible for repair to any public streets which may be damaged during development of the subject parcels.

191) Easements shall not be granted within easements dedicated or offered for dedication to the City until after the final map is filed and recorded with the County Recorder.  No easements shall be accepted after recording of the final map that in any way conflict with a prior easement dedicated to the City, or any public utility.  All existing easements shall remain in full force and effect unless expressly released by the holder of the easement.

192) Any easement that lies within or crosses public rights-of-way propose to be deeded or dedicated to the City, shall be subordinated to the City prior to acceptance of the rights-of-way, unless otherwise exempted by the Director of Public Works.

Prior to Submittal of the Final Map

193) Prior to submitting the final map to the City Engineer for examination, the applicant shall obtain clearance from all affected departments and divisions, including a clearance from the City Engineer for the following items:  mathematical accuracy, survey analysis, correctness of certificates and signatures.

Prior to Approval of the Final Map

194) Prior to approval of the final map, any off-site improvements, such as rights-of-way and easements, shall be dedicated to the City.

195) Prior to approval of the final map, all existing public or private utility easements shall be shown on the final parcel map.

196) Prior to issuance of any Certificate of Occupancy, parkland dedication and affordable housing requirements, pursuant to the RPVMC, shall be fulfilled by the applicant.  The parkland dedication requirement shall be met by dedication of land for park purposes or the payment of in-lieu fees, or a combination thereof, as determined by the Director of Planning, Building and Code Enforcement pursuant to Section 16.20.100 of the RPVMC.  The affordable housing requirement shall be met pursuant to the provisions set forth in Chapter 17.11 of the RPVMC.

197) The final map is subject to review and approval by the City Engineer.  The applicant shall establish a trust deposit with the City to cover any costs incurred by the City in conducting this review.

198) The proposed parcel map shall adhere to all the applicable dedications and improvements required per Chapter 16.20 of the RPVMC.