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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
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.
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.
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:
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.
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.
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.
LONG POINT RESORT HOTEL
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.
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: