Rancho Palos Verdes City Council
   

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: MARCH 2, 2004

SUBJECT: REVISION "V" TO THE OCEAN TRAILS PROJECT

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

Adopt Resolution No. 2004-__, approving Addendum No. 17 to Environmental Impact Report No. 36 for Revision "V"; and adopt Resolution No. 2004-__, approving Revision "V", an amendment to CUP No. 162 for requested changes to condition Q-2, and denying requested changes to CUP No. 162 conditions S-2 and S-3 and the Grading Permit (Case No. ZON2004-00078).

EXECUTIVE SUMMARY

Ocean Trails is requesting that the conditions of approval that apply to both tracts be modified to allow basement areas of one-story structures to be excluded from counting toward the existing 30% "Maximum Habitable Space" requirement, although the basement habitable area together with the first floor habitable area would be counted toward the "Maximum Habitable Space Square Footage" requirement. Ocean Trails is also requesting that the conditions of approval in CUP No. 162 pertaining to building height be modified to permit a subterranean garage for Lot #2 only. Approval of a Grading Permit is also required for this request.

Staff recommends approval of the request pertaining to "Maximum Habitable Space" since the requested change will not be readily visible from surrounding properties or the public right of way and therefore will not cause any additional impacts.

However, Staff is recommending denial of the request for a subterranean garage on Lot #2 because of the potential adverse effects on the subject site as a result of potential flooding due to a lack of natural drainage from the proposed driveway connection to the proposed subterranean garage.

BACKGROUND

In June 1992, the City Council approved the Ocean Trails project, which, at that time, included an 18-hole golf course, clubhouse, public open space and 83 single-family residential lots.

Since June 1992, the project has been revised several times. Today, the approved project includes an 18-hole golf course, clubhouse, public open space and 75 single-family residential lots. The 75 single-family residential lots are within two different tracts; 39 lots within Tract No. 50666 and 36 lots within Tract No. 50667. Tract No. 50666 is still a Vesting Tentative Tract Map, while Tract No. 50667 has been finaled. Grading for Tract No. 50667 has also been completed. Subsequently, residential lots within Tract No. 50667 can be sold and developed. The Developer has submitted residential building plans for Lot Nos. 1, 2, 3, 4, and 5 of Tract No. 50667. These lots are located along the first cul-de-sac street nearest the intersection of La Rotonda Drive and Palos Verdes Drive South.

One of the permits originally approved for the project was Conditional Use Permit No. 162 (CUP No. 162), which was devoted specifically to the Residential Planned Development (RPD) portion of the project (i.e. the 75 residential lots). As stated in Chapter 17.42 of the City's Development Code, the purpose of the RPD "is to provide greater flexibility in the design of residential developments by encouraging: A) A more creative and imaginative approach to the design of residential developments; B) A variety of housing types and environments; C) A more efficient and harmonious use of the land and natural resources; D) The retention of greater amounts of open space and amenities for recreational and visual enjoyment; E) The preservation and enhancement of valuable natural areas; and F) Compatibility with surrounding areas". In essence, an RPD allows for greater flexibility in the design of a project by allowing alternative development standards to be used for the project, while compensating for this allowance by requiring increased amounts of open space and public amenities associated with the project.

Through its conditions of approval, CUP No. 162 established the development standards for all 75 residential lots. It is these conditions that the Developer used to design the proposed residential structures on Lots 1 through 5. Although Staff and the Developer met to discuss the conditions and the interpretation of them, upon submittal of the project plans, Staff discovered that the Developer had interpreted the condition pertaining to "Maximum Habitable Space" differently than Staff. Subsequently, the Developer has submitted the subject application requesting a change to the condition pertaining to "Maximum Habitable Space".

Additionally, the Developer is requesting a change to the conditions of approval regarding the maximum Building Height for Lot #2 of Tract No. 50667. Further, although the Developer initially proposed a change to the conditions of approval to allow Lot #2 to exceed the conditioned maximum lot coverage by 7%, the Developer subsequently withdrew this request.

PROJECT DESCRIPTION

As noted above, the Developer is requesting two separate changes to the conditions of approval for CUP No. 162. A description of the proposed changes is as follows:

A. Change in what constitutes "Maximum Habitable Space":

Currently, CUP No. 162, Condition Q-2 states:

"Q-2. In addition, the following limitations apply to habitable area of each structure, dependent on the size of the lot on which the structure is located:

LOT SIZE

(RANGE)

MAXIMUM

HABITABLE SPACE

MAXIMUM

HABITABLE SPACE

SQUARE FOOTAGE

(RANGE)

less than 20,000 SQUARE FEET

30%

6,000 SQUARE FEET

20,000 - 24,999 SQUARE FEET

30%

7,500 SQUARE FEET

25,000 SQUARE FEET OR GREATER

30%

10,000 SQUARE FEET

NOTES:

a. Lot sizes are based on calculated gross square footage.

    1. Maximum Habitable Space includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code.

c. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet."

Staff's interpretation of this condition is that the "Maximum Habitable Space" for a structure will be the lesser of the 2nd or 3rd column, depending upon the size of the lot. For example, if the "Lot Size" is 15,000 square feet, then the "Maximum Habitable Space" would be equal to 4,500 square feet (15,000 x .30 = 4,500). It is Staff's interpretation that the only time that the 3rd column would dictate the "Maximum Habitable Space" would be in row #3, where if the "Lot Size" was greater than 33,333 square feet (i.e. 33,333 x .30 = 10,000), then the "Maximum Habitable Space" would no longer be determined by multiplying the "Lot Size" by 30%, but instead by using the 3rd column "Maximum Habitable Space" of 10,000 square feet. For example, a "Lot Size" of 35,000 square feet, using the 2nd column requirement of 30% would permit 10,500 square feet of habitable space, whereas the 3rd column (the lesser of the two columns) would restrict the habitable space to 10,000 square feet.

Alternatively, the Developer has interpreted this condition to mean that in all cases only the 3rd column shall be used in determining "Maximum Habitable Space". Using the same example in the previous paragraph, it would be the Developer's interpretation that if the "Lot Size" is 15,000 square feet, then the "Maximum Habitable Space" would be equal to 6,000 square feet, instead of Staff's interpretation of the lesser of the two at 4,500 square feet.

Although in August 2003, Staff and the Developer's Architect met to discuss the interpretation of this condition, after the Architect submitted the building plans in December 2003, Staff discovered that the Developer's interpretation of this condition was being implemented in the design of the building plans instead of Staff's interpretation.

Due to the difference in interpretation, the Developer has requested to amend the condition. The Developer proposes to modify Condition Q-2 so that all proposed one-story residences (34 residences are one-story) have a Maximum Habitable Space of no greater than 30% of the total lot area and that this limit only be applied to the portions of the proposed structure constructed above grade. The Developer proposes that Habitable Space within any Basement would not be counted towards the Maximum Habitable Space of 30%. However, Habitable Space in the Basement plus Habitable Space in the first floor would be counted together to ensure that the total Habitable Space of both areas would not exceed the existing Maximum Habitable Space as depicted in the 3rd column of the table above. Using the same example above, if the "Lot Size" is 15,000 square feet, and the lot permits only a one-story structure, then the "Maximum Habitable Space" on the first floor would be equal to 4,500 square feet (15,000 x .30 = 4,500). However, if this amendment is approved, the Developer could also construct an additional 1,500 square feet of Habitable Space in a Basement for a total not to exceed the 3rd column's existing Maximum Habitable Space of 6,000 square feet.

Specifically, the Developer is recommending that the condition be revised to add "Note d." which would indicate;

"d. This note applies to one-story structures only. For one-story structures, the Maximum Habitable Space (30%) shown in column #2 shall apply to the portion of the structure constructed above grade. Habitable Space within any Basement below a one-story structure shall not be counted towards the Maximum Habitable Space of 30% in column #2. However, Habitable Space within a Basement shall be added to the Habitable Space on the first floor to ensure that the total Habitable Space of both areas (Basement and First Floor) when added together does not exceed the Maximum Habitable Space noted in column #3."

To provide further clarity to the existing condition, Staff is also proposing the following changes to "Note b" and adding the following "Note e " (strikethrough for text removed and bold for text added):

    1. Maximum Habitable Space includes the living area all areas of all structures, and does not include garage, access, driveways, and hardscape. and Non-habitable basements per the Building Code are excluded.

e. Maximum Habitable Space in second story and split-level structures shall be the lesser of column #2 or #3.

B. Change in the Maximum Building Height for Lot #2 of Tract No. 50667:

Currently, CUP No. 162, Conditions S-2 and S-3 state:

"S-2 For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 4 through 13, 24 and 25 are designated as Lot Type A. Lot Nos. 1 through 3 are designated Lot Type B. Lot Nos. 14 through 17 and 26 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos. 22 and 23 are designated Lot Type E.

S-3 Building heights for all residential structures are limited as follows:

Lot Type A: 16 feet

Lot Type B: 15 feet

Lot Type C: 26 feet

Lot Type D: 16 feet from upper pad, and 26 feet from lower pad

Lot Type E: 21 feet from upper pad, and 26 feet from lower pad"

The Developer is proposing to amend the conditions noted above in order to permit a subterranean garage level for Lot #2 of Tract No. 50667. As noted in the condition, the building height for Lot #2 is restricted to 15' high. This measurement is taken from the approved pad elevation for the lot. As shown in the attached plans, in order to construct the subterranean garage level, the height of the building, as measured from finished grade would be 25.3' at the entry point to the subterranean garage level. It is important to note that the Developer is not proposing to increase the approved maximum ridgeline elevation of the structure on Lot #2, but only allow for the height increase to permit the subterranean structure.

If approved, the condition would be re-worded as such:

"S-2 For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 4 through 13, 24 and 25 are designated as Lot Type A. Lot Nos. 1 through and 3 are designated Lot Type B. Lot Nos. 14 through 17 and 26 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos. 22 and 23 are designated Lot Type E. Lot No. 2 is designated Lot Type F.

S-3 Building heights for all residential structures are limited as follows:

Lot Type A: 16 feet

Lot Type B: 15 feet

Lot Type C: 26 feet

Lot Type D: 16 feet from upper pad, and 26 feet from lower pad

Lot Type E: 21 feet from upper pad, and 26 feet from lower pad

Lot Type F: 15 feet from pad or finished grade of the one-story structure, and 25.3' from the entry to a subterranean garage provided that the ridge height does not exceed 15' from the pad of the one-story structure."

In addition to the amendment to CUP No. 162, the request also requires approval of a Grading Permit as the proposed changes to Lot #2 would require 260 cubic yards of cut and 10' high retaining walls for the driveway and approximately 1,730 cubic yards for the subterranean garage and basement. CUP 162, Conditions M-1 and M-3 permit grading under 1,000 cubic yards and new retaining walls, subject to Director approval. If the amount of grading is over 1,000 cubic yards, Planning Commission review is required. However, since the proposed grading is directly related to the request to amend CUP No. 162, the City Council shall also render a decision on the Grading Permit.

DISCUSSION

As noted above, the Developer's requests require approval of an amendment to CUP No. 162 and approval of a Grading Permit. Below, Staff has identified the findings (bold text) and Staff's analysis (normal text) for the requested Conditional Use Permit Amendments and Grading Permit.

Amendments to CUP No. 162:

1. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood.

A. Change in what constitutes "Maximum Habitable Space":

Since basements are completely subterranean (except for light/access wells per the Building Code), and will not be visible from the public right of way or neighboring properties, there will be no change in appearance of the structure from what is currently permitted. For example, as currently permitted, the Maximum Habitable Space for a 15,000 square foot lot is 4,500 square feet (15,000 x .30 = 4,500). A 15,000 square foot lot, considering setbacks, could accommodate a structure with 4,500 square feet of Maximum Habitable Space on grade. The revised condition would permit an additional 1,500 square feet of Habitable Space in a basement level only for a total Maximum Habitable Space of 6,000 square feet, and because the basement area is not seen it would not affect the appearance of the structure any more than what is currently permitted. As such, Staff believes that this finding can be adopted.

B. Change in the Maximum Building Height for Lot #2 of Tract No. 50667

As shown in the attached plan, access to the subterranean garage will be along the side property line of Lot #2, and at a substantial distance from the front property line. Further, the proposed change will not cause any increase in the ridge height of what was previously approved thereby not affecting any views. Subsequently, the proposed change will not be readily visible from the neighboring property nor the street of access. As such, Staff believes that this finding can be adopted.

2. That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use.

A. Change in what constitutes "Maximum Habitable Space":

Since the proposed change will not increase the "Maximum Habitable Space" as defined in the 3rd column, Staff believes that the increase in square footage is still within the range anticipated when this project was first analyzed. As such, Staff believes that it will not affect or cause any additional traffic impacts upon the streets and highways.

Further, the proposed change will not cause any additional parking impacts. Each structure in the Ocean Trails project is required to provide for 3 parking spaces. In comparison to the City's Development Code, which requires 2 parking spaces for structures less than 5,000 square feet, 3 parking spaces for structures greater than 5,000 square feet, and no further requirement beyond that, all of the residential structures will be compliant with the Development Code and provide enough on-site parking to meet the demand of each home.

As such, Staff believes that this finding can be adopted.

B. Change in the Maximum Building Height for Lot #2 of Tract No. 50667

The change in building height will not affect traffic generated by the subject use. As such, this finding does not apply.

3. That, in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof.

A. Change in what constitutes "Maximum Habitable Space":

As stated in finding #1 above, Staff does note believe that the proposed project will cause any significant adverse effect on adjacent property or the permitted use thereof and therefore this finding can be adopted.

B. Change in the Maximum Building Height for Lot #2 of Tract No. 50667

As shown on the attached Grading Plan, access to the proposed subterranean garage is via a driveway along the side property line. This driveway begins at the front property line with a slight upward grade to prevent water from flowing up the driveway from the public street, and then slopes downward towards the entry point to the subterranean garage. At the driveway/garage connection there is a grate, which collects any water that drains down the driveway towards the garage. The water is then pumped from the garage back to the street level using a sump pump.

Although there are some situations in the City where sump pumps have been permitted, according to the City's Building Official, they are generally only permitted as a final solution since they are mechanical devices that can be subject to failure leading to potential flooding. According to the Building Official, typically, they are permitted in cases where due to the topography of the lot, there are no other alternatives to obtain natural drainage through gravity flow. In the case of the subject Lot #2, there are no opportunities to provide natural drainage through gravity flow from the bottom of the driveway, and subsequently the Developer is proposing the use of a sump pump. Since sump pumps can fail, which could lead to flooding of the subterranean garage and basement living area, Staff feels that there is a potential for an adverse effect upon the permitted use and therefore feels that this finding cannot be adopted. Further, Staff feels that this determination is consistent with Section 312 of Section 15.18.090 of the Rancho Palos Verdes Municipal Code, where it states, "Buildings and other structures shall be placed on a site so that water or mud flow will not be a hazard to the building or to adjacent property". Staff does not believe that there are any special circumstances associated with the configuration or topography of the lot to warrant the use of a sump pump and subsequently risk potential flooding to the resident. Specifically, these lots were designed as flat pads with gravity drainage flow to the street of access.

However, it is important to note, that there are other lots within both tracts that could provide positive drainage flow using gravity to the street and thereby eliminate the need for a sump pump. Unfortunately, as noted above Lot #2 is not one of them.

As shown in the attached letter, the Developer disagrees with Staff's opinion on the use of sump pumps. The Developer has indicated that they plan to install a sump pump with a back-up system/generator in case of failure. However, it is Staff's position that due to the potential for mechanical failure and subsequent adverse effect from flooding, this finding for the subterranean garage cannot be adopted.

4. That the proposed use is not contrary to the General Plan.

A. Change in what constitutes "Maximum Habitable Space":

The proposed change will not result in a change in density for the Ocean Trails project, will be consistent with the Maximum Habitable Space (3rd column) originally permitted, and will thus be consistent with the land use assigned to this subject property.

B. Change in the Maximum Building Height for Lot #2 of Tract No. 50667

The proposed change will not change the maximum ridgeline height as originally approved and will thus not cause any additional view impacts. This is consistent with General Plan Policy to "Enforce height controls to further lessen the possibility for view obstructions" (G.P. page 78).

However, due to the potential adverse flooding effects from the use of a sump pump, Staff feels that the proposed subterranean garage is inconsistent with the following goal and policy of the General Plan:

"It shall be a goal of the City to provide for the protection of life and property from both natural and man-made hazards within the community." (G.P. page 138-9)

"Adopt and enforce building codes, ordinances, and regulations which contain design and construction standards based upon specified levels of risk and hazard." (G.P. page 175)

Due to this inconsistency, Staff feels that this finding for change to the subterranean garage cannot be adopted.

5. That, if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with all applicable requirements of that chapter.

A. Change in what constitutes "Maximum Habitable Space":

The subject site is within the Socio/Cultural and Urban Overlay Control Districts. However, when the Ocean Trails project was initially approved, compliance with the requirements of these Overlay Control Districts was considered. The proposed project does not alter or affect any of the applicable requirements that were analyzed upon the original project approval.

B. Change in the Maximum Building Height for Lot #2 of Tract No. 50667

Same as above.

6. That conditions regarding any of the requirements listed in this paragraph, which the City Council finds to be necessary to protect the health, safety and general welfare, have been imposed: a. Setbacks and buffers; b. Fences or walls; c. Lighting; d. Vehicular ingress and egress; e. Noise, vibration, odors and similar emissions; f. Landscaping; g. Maintenance of structures, grounds or signs; h. Service roads or alleys; and i. Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

A. Change in what constitutes "Maximum Habitable Space":

As noted in Finding #1, this request will not result in any noticeable changes to the project, and therefore, Staff has not added any additional conditions of approval to further protect health, safety and general welfare. As such, this finding does not apply.

B. Change in the Maximum Building Height for Lot #2 of Tract No. 50667

As noted in Finding #1, this request will not result in any noticeable changes to the project, and therefore, Staff has not added any additional conditions of approval to further protect health, safety and general welfare related to the appearance of the proposed project. As noted above Staff does support the proposed subterranean garage due to the potential for flooding. If the Council feels that sump pumps could be used in this case, then Staff would recommend that a condition be added that requires the desired type of sump pump (i.e. a sump pump with back-up system).

Since all of the findings for the amendment to CUP No. 162 can be made for the change to condition Q-2 (Change in what constitutes "Maximum Habitable Space), but cannot be made for the proposed changes to conditions S-2 and S-3 (Change in the Maximum Building Height for Lot #2 of Tract No. 50667), Staff recommends that the City Council approve the attached Resolution approving Revision V to CUP No. 162 for condition Q-2, and denying the request for changes to conditions S-2 and S-3.

Grading Permit

As noted earlier, approval of a Grading Permit is required for the 320 cubic yards of grading for the driveway, the 1,484 cubic yards for the subterranean structure, and the 10' high retaining walls supporting the access to the subterranean garage. In approving a Grading Permit, the City Council must evaluate the proposed project against the following 9 criteria:

E.1. The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Chapter 17.96 of this title.

The primary use of the lot is residential. The proposed grading is to accommodate a subterranean garage and basement. It is not too uncommon to find other below grade or partially below grade garages and basements in the City. Although the subterranean garage/basement may not be the preferred design for some future residents, Staff feels that it may provide an alternative desired by others.

However, given the potential adverse flooding impacts caused by the subterranean garage, and that the Developer could construct a residence and garage at grade eliminating the potential for adverse impacts to the subject property, Staff feels that the proposed grading does exceed that which is necessary for the permitted primary use of the lot. As such, Staff feels that the proposal does not meet this criteria.

E.2. The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties.

The proposed grading will accommodate a subterranean structure and will not raise the ridgeline of the proposed structure as originally approved. As such, Staff feels that this criteria has been met.

E.3. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural.

The subject site (Lot #2) was part of a mass grading operation to develop building pads to accommodate future residential homes. The subject site is a flat pad. As such, there will be no disturbance to natural contours.

E.4. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography.

As noted in the preceding finding, Lot #2 is a flat lot. It has no defined natural topographic features or appearances and therefore this criteria does not apply.

E.5. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17.02.

The proposed project is a new single-family residence. However, Lot #2 was part of a Vesting Tentative Tract Map that vested prior to adoption of the Neighborhood Compatibility requirements. As such, this criteria does not apply.

E.6. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas.

The proposed grading is not for a new residential tract and therefore this criteria does not apply.

E.7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside.

The proposed grading does not involve the creation of new streets and therefore this criteria does not apply.

E.8. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation.

The proposed grading will occur on Lot #2, which is a vacant building pad that contains no vegetation, natural landscape or wildlife habitat. As such this criterion does not apply.

E.9. The grading conforms to the standards of Section 17.76.040(E)(9).

The proposed project does not conform to the following standards:

"c. Except for the excavation of a basement or cellar, a fill or cut shall not exceed a depth of five feet at any point except where the Director or Planning Commission determines that unusual topography, soil conditions, previous grading or other circumstances make such grading reasonable and necessary."

The project does not conform to this criteria as there will be a cut that varies up to 10' high to accommodate access to the subterranean garage.

"e.iv. Retaining walls may be allowed up to five feet in height, adjacent to driveways, only if required for access or slope stabilization."

The project does not conform to this criteria as there are retaining walls on both sides of the driveway that vary in height up to 10' high.

Section 17.76.040(E)(10) permits the City Council to grant a grading permit for development in excess of the two criterion listed above, provided that the City Council find that:

    1. The criteria of subsections (E)(1) through (E)(8) of this section are satisfied;
    2. The approval is consistent with the purposes set forth in subsection A of this section;
    3. Departure from the standards in subsection (E)(9) of this section will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity;
    4. Departure from the standards of subsection (E)(9) of this section will not be detrimental to the public safety nor to other property;

In regards to (a), as noted above, Staff feels that criteria (E)(1) cannot be satisfied.

In regards to (b), Staff feels that although the project is consistent with most of the purposes set forth in subsection A of the Grading Section in that it permits the reasonable development of land, ensures preservation of the scenic character of the area consistent with reasonable economic use of the property, and ensures that the development occurs in a manner harmonious with adjacent lands, the project is not consistent with the General Plan.

In regards to (c), Staff feels that departure from these standards will not constitute a grant of special privileges inconsistent with limitations upon other properties in the vicinity as this is an RPD, which "provide greater flexibility in the design of residential developments by encouraging: A) A more creative and imaginative approach to the design of residential developments". Additionally, there are other subterranean and partially subterranean structures within other surrounding neighborhoods.

In regards to (d), the proposed retaining walls will require a building permit, which will ensure their structural integrity. Additionally, the retaining walls and driveway will not be readily visible from the neighboring residence or the public right of way. As such, Staff feels that the departure from the standards will not be a detriment to the public safety or neighboring properties.

Since not all of the criteria for the Grading Permit can be met, all of the findings to deviate from some of the criteria cannot be adopted, and the Conditional Use Permit amendment for the subterranean garage cannot be supported, Staff recommends that the City Council deny the Grading Permit.

ENVIRONMENTAL ANALYSIS

On June 1, 1992, the City of Rancho Palos Verdes certified Environmental Impact Report No. 36 for the Ocean Trails project. This approval was in connection with the approval of Vesting Tentative Tract Map Nos. 50666 and 50667, Conditional Use Permits Nos. 162 and 163, and Grading Permit No. 1541.

Not uncommon with a development project of this size, since the project was originally approved in 1992, the City has reviewed and approved various amendments. Most of these amendments were minor enough to require only Addenda to EIR No. 36 in lieu of preparing a complete Supplement, such as what was required for the proposed landslide repair. The proposed amendments described within this report are also considered relatively minor amendments, because, as discussed within this report, they will not cause any additional impacts to the site and surrounding area than what was previously evaluated within the adopted EIR, nor will there be any changes to the previously adopted mitigation measures. Subsequently, for the Council's consideration, Staff has prepared the attached Resolution for Addendum No. 17 to EIR No. 36 for the proposed amendment to CUP No. 162 and the Grading Permit.

ADDITIONAL INFORMATION

Notice of the public hearing for the March 2, 2004 meeting was mailed to all property owners within a 500' radius of the project site, the Ocean Trails interested parties list, sent via the City's Ocean Trails List Serve site, and published in the Peninsula News. As of the date this report was prepared, no correspondence was received. If any correspondence is received prior to the March 2nd Council meeting, it will be forwarded to the City Council on the day of the meeting.

ALTERNATIVES

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

following alternatives:

1. Deny the request for a change to CUP No. 162 , condition Q-2 pertaining to "Maximum Habitable Space" and request Staff to bring a Resolution of denial to the next meeting for Council consideration and adoption.

2. In addition to approving the change to CUP No. 162 for condition Q-2 pertaining to "Maximum Habitable Space", also approve the request for the change to CUP No. 162 for conditions S-2 and S-3 along with the Grading Permit, and request Staff to bring a Resolution of approval to the next meeting for Council consideration and adoption.

3. Identify issues with the proposed project, and based upon the issues identified ask the Applicant to come back to a future meeting with revised plans or additional information.

FISCAL IMPACT

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

Respectfully submitted:

Joel Rojas, AICP

Director of Planning, Building

and Code Enforcement

Reviewed By:

Les Evans

City Manager

ATTACHMENTS:

Resolution No. 2004-__, adopting Addendum No. 17

Resolution No. 2004-__, for Revision V

8 1/2" x 11" Set of Plans

February 25, 2004 letter from the Developer

RESOLUTION NO. 2004-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ADDENDUM NO. 17 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 162 AND GRADING PERMIT (CASE NO. 2004-00078) WHICH IS REVISION "V" TO THE OCEAN TRAILS PROJECT

WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18-hole golf course, a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east; and,

WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45 days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public; and,

WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps, and, due to the changes in the project, an Addendum to the Draft Environmental Impact Report (AEIR) was prepared; and,

WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City determined that the information submitted in the AEIR cited potential additional significant environmental impacts that would be caused by the revised project, and directed preparation of a Supplemental Environmental Impact Report (SEIR). The SEIR, which incorporates information and findings set forth in the Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19, 1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR, in conformance with the requirements of the California Environmental Quality Act; and,

WHEREAS, on June 1, 1992 the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92-53 certifying Environmental Impact Report No. 36, in connection with Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 for an 83 lot Residential Planned Development, public open space, and an 18 hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal Subregions 7 and 8; and,

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

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

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

WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-15 approving the fourth Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "B" to the Ocean Trails project applications described above, in order to incorporate changes to the project made by the California Coastal Commission in January 1995 regarding the relocation of the golf course clubhouse, Paseo Del Mar roadway and public trails to accommodate a reconfiguration of the public parking facilities, as well as additional modifications to the public trails in order to provide clarification or to be consistent with the California Coastal Commission's approval and to include an 8.5 acre vacant property owned by the Palos Verdes Peninsula Unified School District into the golf course.

WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-72 approving the fifth Addendum to Environmental Impact Report No. 36, in connection with approval of Revision "C" to the Ocean Trails project applications described above, in order to relocate two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C," revise the boundaries of open space Lots B, C, G and H, convert the split-level lots in Vesting Tentative Tract Map No. 50667 to single-level lots, revise the golf course layout, revise the public trail system, combine parallel trail easements, construct a paved fire access road west of the Ocean Terraces Condominiums and modify several amendments to the Conditions of Approval and Mitigation Measures to change the required timing for compliance; and,

WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the proposed Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking lot.

WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the proposed Revision "H" to the Ocean Trails project, which included: changing 6 of the residential lots within VTTM 50667 from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street 'B' within the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the approval included the modification of the project's mitigation measures and conditions of approval to allow the permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays through March 21, 1999.

WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision "I" to the Ocean Trails project, which included a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons. Revision "I" only amended the drainage for the east side of the Ocean Trails project, involving La Rotonda canyon; and,

WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-55 approving Addendum No. 9 to Environmental Impact Report No. 35 and the proposed Revision "J" to the Ocean Trails project, which included 1), the conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners; 2) withdrawn by applicant; 3), the timing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy; 4), delay the construction of two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5), lower the approved residential building pad elevations and create split-level pads in VTTM No. 50666; 6), delay the payment of traffic impact fees to prior to Final Map No. 50666; 7), allow an increase in total building area of the clubhouse by permitting a basement space; 8), withdrawn by applicant; and 9), revise the hours permitted for golf course landscape gardening; and,

WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000-27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the proposed Revision "K" to the Ocean Trails project, which allowed a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2, 1999; and,

WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000-38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact Report No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations, and the proposed Revision "L" to the Ocean Trails project, for the repair of Landslide C at Ocean Trails; and,

WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved Revision M to the Ocean Trails Project, thereby approving an amendment to the Habitat Conservation Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement over the lower portion of Shoreline Park; and,

WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes approved Revision N to the Ocean Trails Project, thereby approving a Mitigated Negative Declaration and amending the project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons. Revision "N" only amended the drainage for the west side of the Ocean Trails project, involving Forrestal Canyon; and,

WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision P to the Ocean Trails Project, thereby approving an amendment to allow Ocean Trails an extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the opening of the clubhouse" to "prior to the opening of the 18-hole golf course"; and,

WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision Q to the Ocean Trails Project, thereby approving an amendment which allows Ocean Trails to re-construct (instead of re-pave) La Rotonda Drive from Palos Verdes South to the end of La Rotonda Drive, in lieu of re-paving Palos Verdes Drive South from La Rotonda Drive to the eastern City limits; and,

WHEREAS, on September 21, 2001, the City Council of the City of Rancho Palos Verdes approved Revision "R" to the Ocean Trails project to revise the Conditions of Approval for VTTM No. 50666 and VTTM No. 50667, so as to adjust Condition I-3 allowing an extension to completing the reconstruction of La Rotonda Drive from Palos Verdes Drive South to its end; and,

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

WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse Building; and,

WHEREAS, on February 10, 2004, VH Property Corp., submitted a letter to the City of Rancho Palos Verdes requesting approval for Revision "V" to the Ocean Trails project to revise the Conditions of Approval for CUP No. 162, so as to 1) increase the Lot Coverage for Lot #2 of Tract No. 50667 from 40% to 47%; 2) allow basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; 3) permit a change in the height of Lot #2 to allow for a subterranean garage. In the subject letter VH Property Corp also requested approval of a Grading Permit for the construction of retaining walls and access to the proposed subterranean garage. At a later date, VH Property Corp withdrew their request for item 1) above; and,

WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), on February 26, 2004, copies of the draft Addendum No. 17 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "V" to the Ocean Trails project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 17 to EIR No. 36; and,

WHEREAS, on March 2, 2004, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 17 to Environmental Impact Report No. 36 and the proposed Revision "V" to the Ocean Trails project, at which time all interested parties were given an opportunity to be heard and present evidence; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: This request is for 1) an amendment to Conditional Use Permit No. 162 condition Q-2, allowing basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; and 2) a change to Conditional Use Permit No. 162 conditions S-2 and S-3 and a Grading Permit pertaining to changing the height of Lot #2 to allow for a subterranean garage and for the construction of 10' high retaining walls, 260 cubic yards of grading for the driveway, and 1,730 cubic yards of grading for the proposed subterranean garage/basement on Lot #2 only.

Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 17 to the previously certified EIR, rather than the preparation of a subsequent or supplemental EIR, is appropriate for the consideration of the proposed revisions to the Ocean Trails project, based on the following findings:

1. That subsequent changes proposed to the project do not require important revisions to the previous EIR, since there are no new significant environmental impacts that have been identified, which were not considered in the previous EIR. This is so, since the proposed changes identified in Section 1 and attached Exhibit "A" would not result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36. Specifically, the change 1) will not be readily visible from surrounding properties or the public right of way, 2) the proposed improvements will occur in areas that will not cause any significant view impairments, 3) there will be no parking or traffic related impacts as a result of the proposed changes, 4) there will be no impacts to geology as a result of the proposed changes, and 5) there have been no substantial changes to the Project or to the environment that would cause the Project to significantly impact the environment, nor does the proposed amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible.

2. That substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken, which would require important revisions to the previous EIR, since, as noted in #1 above, there are no new significant environmental impacts that were not considered in the previous EIR, Supplement and previous Addenda thereto, and the project provides for changes that will not be readily visible to neighboring properties or from the public right of way.

  1. That there is no new information of substantial importance to the project which indicates that these proposed changes will have one or more significant effects not discussed previously in the EIR; that significant effects previously examined will not be substantially more severe than shown in the EIR; that no mitigation measures or alternatives, previously found not to be feasible, would now in fact be feasible and would substantially reduce one or more significant effects of the project; or that no mitigation measures or alternatives which were not previously considered in the EIR, would now substantially lessen one or more significant effects of the environment, because this project is only to permit modifications that would not be readily visible to neighboring properties or from the public right of way.

Section 2: In approving Addendum No. 17 to EIR No. 36, the City Council has reviewed and considered the Addendum No. 17 document, attached hereto and made a part thereof as Exhibit "A".

Section 3: The Addendum No. 17 to EIR No. 36 identifies no new potential significant adverse environmental impacts to the areas listed below, beyond those already identified in the Final EIR No. 36, the Supplement, Second Supplement, and Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 to EIR No. 36, as a result of the proposed revisions to the Ocean Trails project:

1. Landform, Geology, and Soils

2. Hydrology and Drainage

3. Biological Resources

4. Cultural and Scientific Resources

5. Aesthetics

6. Land Use and Relevant Planning

7. Circulation and Traffic

8. Air Resources

9. Noise

10. Public Services and Utilities

11. Population, Employment and Housing

12. Fiscal Impacts

Section 4: That implementation of the proposed changes to the project would not require additional mitigation measures or significant deletions/modifications to the mitigation measures included in the Final EIR, as well as the Supplemental, Second Supplemental, and Addends Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 to EIR No. 36.

Section 5: While the implementation of mitigation measures as discussed in Final EIR No. 36 and the Supplemental, and the Second Supplemental, and Addenda EIR Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 to EIR 36 will further reduce these impacts, it is not possible to entirely eliminate cumulative impacts to the areas of concern listed in Section 1, above. Therefore, the Findings and Statement of Overriding Considerations, as provided in Final EIR No. 36, are hereby incorporated by reference.

Section 6: All findings, attachments and Statement of Overriding Considerations contained in Resolution Nos. 92-53, 92-115, 93-89, 94-71 and 96-15, as adopted by the City Council on June 1, 1992, December 7, 1992, October 5, 1993, September 6, 1994, March 11, 1996 and September 3, 1996, respectively, are hereby incorporated by reference.

Section 7: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby approves Addendum No. 17 to Environmental Impact Report No. 36, based on the City Council’s determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local guidelines with respect thereto.

 

 

 

 

 

 

 

 

 

PASSED, APPROVED, and ADOPTED this 2nd day of March 2004.

 

_________________

Mayor

Attest:

 

__________________

City Clerk

 

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) ss

CITY OF RANCHO PALOS VERDES )

I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004-was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 2, 2004.

 

_________________________________

City Clerk

Resolution No. 2004-__ - Exhibit "A"

ADDENDUM NO. 17

TO

ENVIRONMENTAL IMPACT REPORT NO. 36

 

The City Council has reviewed the proposed Revision "V" to Conditional Use Permit No. 162 for changes to condition Q-2 regarding "Maximum Habitable Space", in conjunction with the requirements of the California Environmental Quality Act (CEQA), as well as State and Local CEQA Guidelines, and find as follows:

That the proposed request would not result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36, because it merely provides for allowing basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but requires that the basement habitable area be added to the first floor habitable area in complying with the existing "Maximum Habitable Space Square Footage" requirement. No significant impacts will result from the proposed change. More specifically, the change 1) will not be readily visible from surrounding properties or the public right of way, 2) the proposed improvements will occur in areas that will not cause any significant view impairments, 3) there will be no parking or traffic related impacts as a result of the proposed changes, 4) there will be no impacts to geology as a result of the proposed changes, and 5) there have been no substantial changes to the Project or to the environment that would cause the Project to significantly impact the environment, nor does the proposed amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible.

RESOLUTION NO. 2004-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO CONDITION Q-2 OF CONDITIONAL USE PERMIT NO. 162, AND DENYING A REVISION TO CONDITIONS S-2 AND S-3 OF CONDITIONAL USE PERMIT NO. 162 AND RELATED GRADING PERMIT (CASE NO. 2004-00078) FOR A RESIDENTIAL PLANNED DEVELOPMENT IN CONNECTION WITH REVISION "V" TO THE OCEAN TRAILS PROJECT LOCATED IN COASTAL SUBREGIONS 7 AND 8

WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18-hole golf course, a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east; and,

WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45 days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public; and,

WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps, and, due to the changes in the project, an Addendum to the Draft Environmental Impact Report (ADEIR) was prepared; and,

WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City determined that the information submitted in the AEIR cited potential additional significant environmental impacts that would be caused by the revised project, and directed preparation of a Supplemental Environmental Impact Report (SEIR). The SEIR, which incorporates information and findings set forth in the Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19, 1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR, in conformance with the requirements of the California Environmental Quality Act; and,

WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92-53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92-54, 92-55, 92-56 and 92-57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and Grading Permit No. 1541 for a Residential Planned Development consisting of a total of eighty-three (83) single family dwelling units, an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos. 7 and 8; and,

WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project raised a substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes for reconsideration; and,

WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92-115 approving the Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 92-116, 92-117, 92-118 and 92-119 approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation; and,

WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-5 (i.e. Coastal Permit No. 103), subject to additional conditions of approval.

WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93-89 approving a second Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 93-90, 93-91, 93-92 and 93-93 respectively re-approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and,

WHEREAS, on November 5, 1993, the California Coastal Commission adopted revised and expanded findings in conjunction with the project; and,

WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 94-71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76 and 94-77, respectively, approving Revision "A" to the approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from the area southwest of the School District property to an area north of Half Way Point, locating the golf course maintenance facility and four (4) affordable housing units southeast of the corner of Palos Verdes Drive South and Paseo Del Mar, reducing the number of single family residential lots from eighty-three (83) to seventy-five (75) and increasing the height of the golf course clubhouse from thirty (30) feet to forty-eight (48) feet; and,

WHEREAS, on January 12, 1995, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its first amendment to the permit, subject to revised conditions of approval; and,

WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its second amendment to the permit; and,

WHEREAS, on February 1, 1996, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its third amendment to the permit; and,

WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 96-16, and 96-17, respectively, approving Revision "B" to the approved Ocean Trails project, including, but not limited to, modifying the approved alignment of Paseo del Mar ("A" Street/"J" Bluff Road), revising the Conditions of Approval regarding several public trails, and relocating the golf course clubhouse approximately 80 feet to the west of its previously approved location; and,

WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its fourth amendment to the permit, subject to revised conditions of approval; and,

WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96-72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 96-73, 96-74, 96-75, 96-76 and 96-77, respectively, approving Revision "C" to the approved Ocean Trails project, including, but not limited to, relocation of two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C", revisions to the boundaries of open space Lots B, C, G and H, conversion the split-level lots in Vesting Tentative Tract Map No. 50667 to single-level lots, revisions to the golf course layout, revisions the public trail system, combination of parallel trails easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for compliance; and,

WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution No. 97-44 approving Revision "D" to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 162 (Residential Planned Development) to modify the minimum rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the proposed residences and the potential brush fires that may occur on the adjacent habitat area; and,

WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-32 approving Revision "E" to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course improvements; and,

WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-59, approving Revision "F" to the Ocean Trails project, which involved, modifying the configuration of Streets "C" and "D" and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667 to accommodate the final location of the Foundation Setback Line, and a revision to Conditional Use Permit No. 162 (Residential Planned Development) to address maximum building height; and,

WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the proposed Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking lot; and,

WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the proposed Revision "H" to the Ocean Trails project, which included: changing 6 of the residential lots within VTTM 50667 from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street 'B' within the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the approval included the modification of the project's mitigation measures and conditions of approval to allow the permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays through March 21, 1999; and,

WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision "I" to the Ocean Trails project, which included a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons. Revision "I" only amended the drainage for the east side of the Ocean Trails project, involving La Rotonda Canyon; and,

WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re-activated; and,

WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99-55 approving Addendum No. 9 to Environmental Impact Report No. 36 and the proposed Revision "J" to the Ocean Trails project, which included 1), the conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners; 2) withdrawn by applicant; 3), the timing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy; 4), delay the construction of two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5), lower the approved residential building pad elevations and create split-level pads in VTTM No. 50666; 6), delay the payment of traffic impact fees to prior to Final Map No. 50666; 7), allow an increase in total building area of the clubhouse by permitting a basement space; 8), withdrawn by applicant; and 9), revise the hours permitted for golf course landscape gardening; and,

WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000-27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the proposed Revision "K" to the Ocean Trails project, which allowed a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2, 1999; and,

WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000-38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact Report No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations, and the proposed Revision "L" to the Ocean Trails project, for the repair of Landslide C at Ocean Trails; and,

WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved Revision M to the Ocean Trails Project, thereby approving an amendment to the Habitat Conservation Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement over the lower portion of Shoreline Park; and,

WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes approved Revision N to the Ocean Trails Project, thereby approving a Mitigated Negative Declaration and amending the project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons. Revision "N" only amended the drainage for the west side of the Ocean Trails project, involving Forrestal Canyon; and,

WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision "P" to the Ocean Trails Project, thereby approving an amendment to allow Ocean Trails an extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the opening of the clubhouse" to "prior to the opening of the 18-hole golf course"; and,

WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision Q to the Ocean Trails Project, thereby approving an amendment which allows Ocean Trails to re-construct (instead of re-pave) La Rotonda Drive from Palos Verdes South to the end of La Rotonda Drive, in lieu of re-paving Palos Verdes Drive South from La Rotonda Drive to the eastern City limits; and,

WHEREAS, on September 4, 2001, the City Council of the City of Rancho Palos Verdes approved Revision "R" to the Ocean Trails Project, thereby revising the Conditions of Approval for VTTM No. 50666 and VTTM No. 50667, so as to adjust Condition I-3 allowing an extension to completing the reconstruction of La Rotonda Drive from Palos Verdes Drive South to its end; and,

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

WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse Building; and,

WHEREAS, on February 10, 2004, VH Property Corp., submitted a letter to the City of Rancho Palos Verdes requesting approval for Revision "V" to the Ocean Trails project to revise the Conditions of Approval for CUP No. 162, so as to 1) increase the Lot Coverage for Lot #2 of Tract No. 50667 from 40% to 47%; 2) allow basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; 3) permit a change in the height of Lot #2 to allow for a subterranean garage. In the subject letter VH Property Corp also requested approval of a Grading Permit for the construction of retaining walls and access to the proposed subterranean garage. At a later date, VH Property Corp withdrew their request for item 1) above; and,

WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), on February 26, 2004, copies of the draft Addendum No. 17 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "V" to the Ocean Trails project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 17 to EIR No. 36; and,

WHEREAS, on March 2, 2004, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 17 to Environmental Impact Report No. 36 and the proposed Revision "V" to the Ocean Trails project, at which time all interested parties were given an opportunity to be heard and present evidence; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: This request is for 1) an amendment to Conditional Use Permit No. 162 condition Q-2, allowing basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; and 2) a change to Conditional Use Permit No. 162 conditions S-2 and S-3 and a Grading Permit pertaining to changing the height of Lot #2 to allow for a subterranean garage and for the construction of 10' high retaining walls, 260 cubic yards of grading for the driveway, and 1,730 cubic yards of grading for the proposed subterranean garage/basement on Lot #2 only.

Section 2: In considering the proposed revisions to the project, the City Council has determined that the preparation of Addendum No. 17 to Environmental Impact Report No. 36 is appropriate, since the subsequent changes in the project will not result in any new significant environmental impacts which were not previously identified and analyzed in Environmental Impact Report No. 36, that the subsequent changes will not result in an increase in any previously identified significant environmental impacts, that the Addendum does not contain new information of substantial importance to the project and that only minor technical changes or additions are necessary to make Environmental Impact Report adequate under the provisions of the California Environmental Quality Act (CEQA).

This is so, since the requested changes will 1) not be readily visible from surrounding properties or the public right of way, 2) the proposed improvements will occur in areas that will not cause any significant view impairments, 3) there will be no parking or traffic related impacts as a result of the proposed changes, 4) there will be no impacts to geology as a result of the proposed changes, and 5) there have been no substantial changes to the Project or to the environment that would cause the Project to significantly impact the environment, nor does the proposed amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible.

Therefore, based on the review of Draft Addendum No. 17 to Environmental Impact Report No. 36 prepared in association with the proposed Revision "V" to the Ocean Trails project, as conditioned, the City Council finds that the project still mitigates, or reduces to the extent feasible, significant adverse effects to adjacent properties or the permitted uses thereof. In approving the revised project, the City Council finds that social, recreational, and other benefits of the project continue to outweigh any unavoidable adverse environmental impacts that may occur and that due to overriding benefits and considerations, any unavoidable adverse environmental impacts of the project are acceptable. Accordingly, the City Council incorporated, by reference, the Final EIR No. 36, the Supplemental EIR, the second Supplemental EIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, and Resolution No. 92-115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein).

Section 3: Pursuant to Section 17.60.050 of the Development Code, in approving Revision "V" to Conditional Use Permit No. 162, specifically related to the change to condition Q-2, the City Council finds as follows:

A. That the golf course and related uses are consistent with the General Plan and its objectives. The General Plan land use map designates almost the entire project site as residential, with a maximum density of one dwelling unit per acre, and shows the coastal bluffs as hazard areas. The General Plan provides for additional commercial recreational uses within the City as appropriate to a particular location, including golf, equestrian, tennis and other recreational activities, and designates the City's entire coastal area as a specific plan district.

Further, that the project complies with the criteria set forth in the General Plan for the Natural, Socio/Cultural and Urban Overlay Control Districts on the site. As conditioned, the project preserves natural drainage courses and significant geologic, biologic and hydrologic features in compliance with the Natural Overlay Control District, protects areas that have significant historical, archeological or cultural importance in compliance with the Socio/Cultural District and preserves, protects and enhances public views and vistas in compliance with the Urban Overlay Control District.

B. That the proposed golf course use is consistent with the City's Development Code as a conditionally permitted use in any district when deemed to be necessary or desirable for the public convenience or welfare and when the use is not contrary to the General Plan or its objectives or contrary to the Coastal Specific Plan or its objectives and requirements. Public recreational uses, such as a golf course, are encouraged by policies of the Coastal Specific Plan and General Plan. A public golf course is necessary and desirable in that it will provide a cash surplus to the City, it will add to the views from adjacent properties and from Palos Verdes Drive South, it will permit expanded public access to the coast. Further, as current demand for golf tee times greatly exceeds supply for existing public golf courses on the Peninsula, many peninsula and City residents must travel great distances to golf.

The City Council hereby finds that the proposed golf course is necessary and desirable for the public convenience and welfare and, as set forth in sections 2(A) & (B) above, it is not contrary to either the General Plan or the Coastal Specific Plan.

C. That given the adjacent land uses and the project's location and design, as modified herein, and recommended conditions imposed through this permit, the 261.4 acre site is adequate in size and configuration to accommodate the proposed uses including a Residential Planned Development and golf course.

More specifically, as related to the proposed changes to condition Q-2, since basements are completely subterranean (except for light/access wells per the Building Code), and will not be visible from the public right of way or neighboring properties, there will be no change in appearance of the structure from what is currently permitted.

D. That given the adjacent land uses and the project's location and design, as modified herein, and the recommended conditions imposed by Conditional Use Permit No. 162 Revision V and Grading Permit (Case No. 2004-00078), attached hereto as Exhibit "A", the site is adequate in lot size and configuration to accommodate the golf course, clubhouse, four affordable housing units and other related facilities.

E. That the site is served by Palos Verdes Drive South that is an improved street designed to carry the type and quantity of traffic that would be generated by the proposed project.

More specifically, as related to the proposed changes to condition Q-2, since the proposed changes will not increase the "Maximum Habitable Space Square Footage" as identified in the current conditions, the increase in square footage is still within the range anticipated when this project was first analyzed. As such, it will not affect or cause any additional traffic impacts upon the streets and highways. Further, the proposed change will not cause any additional parking impacts. Each structure in the Ocean Trails project is required to provide for 3 parking spaces. In comparison to the City's Development Code, which requires 2 parking spaces for structures less than 5,000 square feet, 3 parking spaces for structures greater than 5,000 square feet, and no further requirement beyond that, all of the residential structures will be compliant with the Development Code and provide enough on-site parking to meet the demand of each home.

F. That, as related to the proposed changes to condition Q-2, given the site location, project design, and recommended conditions imposed through this permit and attached hereto as Exhibit "A" , including setbacks, heights, lighting, landscaping, fencing, hours of operation, and other recommended conditions, the proposed use will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger, or otherwise constitute a menace to the public health, safety, and welfare of persons in the surrounding area.

G. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. In recommending approval, the City Council finds that the social, recreational, and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. The project provides visitor-serving uses in the coastal zone and, as a floating commercial use, the proposed golf course complies with permitted uses in the RS-1/RPD and zone as shown in the Official Zoning Map, and with permitted single family residential uses as designated in the General Plan, and Coastal Specific Plan, while preserving and enhancing habitat areas and providing passive and active recreational uses with a bluff road, public parking, trails, and vista points that will provide public recreational opportunities and preserve public vistas.

More specifically, as related to the proposed changes to condition Q-2, since basements are completely subterranean (except for light/access wells per the Building Code), and will not be visible from the public right of way or neighboring properties, there will be no change in appearance of the structure from what is currently permitted.

Section 4: Pursuant to Section 17.76.040(E) of the Development Code, in denying the request to change Conditional Use Permit No. 162, conditions S-2 and S-3 and the Grading Permit, the City Council finds as follows:

A. That since sump pumps can fail, which could lead to flooding of the subterranean garage and basement living area, there is a potential for an adverse effect upon the permitted use

B. That due to the potential adverse flooding effects from the use of a sump pump, the proposed subterranean garage is inconsistent with the following goal and policy of the General Plan:

"It shall be a goal of the City to provide for the protection of life and property from both natural and man-made hazards within the community." (G.P. page 138-9)

"Adopt and enforce building codes, ordinances, and regulations which contain design and construction standards based upon specified levels of risk and hazard." (G.P. page 175)

  1. That given the potential adverse flooding impacts caused by the subterranean garage, and that the Developer could construct a residence and garage at grade eliminating the potential for adverse impacts to the subject property, the proposed grading exceeds that which is necessary for the permitted primary use of the lot.

D. That the proposed grading conforms to the standards of Section 17.76.040(E)(9), with the exception that the project proposes a cut greater than five (5) feet deep and retaining walls adjacent to a driveway that are greater than five (5) feet high. A deviation to these sections cannot be approved, as permitted through Section 17.76.040(E)(10), because;

    1. The criteria of subsection (E)(1) of section 17.76.040(E) (see Section 4, item C above), is not satisfied; and

b) The project is not consistent with the General Plan as noted in Section 4, item B above.

Section 5: The mitigation measures contained in the Mitigation Monitoring Programs contained in Resolution No. 96-72, Resolution No. 2000-38, and Resolution No. 2000-58, as adopted by the City Council on September 3, 1996, June 21, 2000, and September 5, 2000, respectively, are hereby incorporated by reference into the Conditions of Approval for the revisions to Conditional Use Permit No. 162.

Section 6: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.

Section 7: For the forgoing reasons, and based on information and findings contained in the public record, including staff reports, minutes, records of proceedings, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby approves Revision "V" for Conditional Use Permit No. 162 amending condition Q-2, as follows and as shown in the attached Exhibit "A", which are necessary to protect the public health, safety and general welfare. All other conditions of approval that have been imposed on this project shall remain in effect and are incorporated herein:

Q-2 Revise Note b and add Notes d and e, as shown below (strikethrough for text removed and bold for text added);

    1. Maximum Habitable Space includes the living area all areas of all structures, and does not include garage, access, driveways, and hardscape. and Non-habitable basements per the Building Code are excluded.

d. This note applies to one-story structures only. For one-story structures, the Maximum Habitable Space (30%) shown in column #2 shall apply to the portion of the structure constructed above grade. Habitable Space within any Basement below a one-story structure shall not be counted towards the Maximum Habitable Space of 30% in column #2. However, Habitable Space within a Basement shall be added to the Habitable Space on the first floor to ensure that the total Habitable Space of both areas (Basement and First Floor) when added together does not exceed the Maximum Habitable Space noted in column #3

e. Maximum Habitable Space in second story and split-level structures shall be the lesser of column #2 or #3.

Further, the City Council of the City of Rancho Palos Verdes hereby denies the request to change Conditional Use Permit No. 162, conditions S-2 and S-3 and the Grading Permit for the proposed subterranean garage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PASSED, APPROVED, and ADOPTED this 2nd day of March 2004

 

 

_________________________

MAYOR

ATTEST:

 

 

_____________________________

CITY CLERK

 

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )ss

CITY OF RANCHO PALOS VERDES )

 

I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004- was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 2, 2004.

 

___________________________

City Clerk

EXHIBIT "A"

RESOLUTION NO. 2004-

CONDITIONAL USE PERMIT NO. 162 - REVISION "V"

CONDITIONS OF APPROVAL FOR A RESIDENTIAL PLANNED DEVELOPMENT

I. GENERAL CONDITIONS

A. DEVELOPER AGREEMENT

1. Within thirty (30) days of approval of Revision "V" to the Conditional Use Permit, the developers shall submit, in writing, a statement that they have read, understand and agree to all of the conditions of approval contained in this exhibit.

2. Approval of the revisions to Conditional Use Permit No. 162 is subject to the approval of revisions to Vesting Tentative Tract Map Nos. 50666 and 50667.

3. In compliance with Fish and Game Code Section 711.4, the developer shall submit to the City a cashier's check payable to the Los Angeles County Clerk in the amount of $850.00 for a filing fee and a cashier's check in the amount of $25.00 for a documentary handling fee within 48 hours of City approval of these permits. The developer shall also pay any fine imposed by the Department of Fish and Game, if required.

4. This approval is conditioned upon the applicant entering into an agreement with the City of Rancho Palos Verdes within twenty (20) days of the date of this approval, subject to approval by the City Attorney, to indemnify and defend the City against all damages, claims, judgements, and litigation costs, including, without limitation, attorney's fees awarded to a prevailing party, arising from the approval of the project and all issues related thereto.

5. Prior to the approval of the Final Map for Vesting Tentative Tract No. 50666, the developer shall submit for review and approval by the City Council, a revision to Conditional Use Permit No. 162 that improves views by reducing some of the ridge heights within Vesting Tentative Tract No. 50666.

Revision options available to the developer may include, but are not limited to, lowering pad elevations, lowering the maximum building height, creating two-story split level pads which may result in increasing lot size and buildable area, revising setbacks, or other methods.

B. COMPLETION PER APPROVED PLANS

1. The developer shall designate appropriate workable phases (portions of the development to include adjoining clusters of lots, their streets of access, finish grading phases, supporting off-site improvements and on-site drainage and utility improvements) that shall be approved by the Director of Planning, Building and Code Enforcement and the Director of Public Works prior to issuance of grading permits.

2. Any workable phase not under construction which has been scarified through grading operations shall be irrigated and landscaped. Temporary irrigation lines may be approved by the Director of Planning, Building and Code Enforcement.

3. Prior to the issuance of grading permits, the developer shall post a bond, cash deposit, or other City-approved security to guarantee substantial vegetative cover and maintenance of all finish graded lots which have not been sold for development.

4. No building permits shall be issued prior to finish grading within the workable phase of the site in which each lot is located and until the Director of Planning, Building and Code Enforcement has determined that all drainage facilities and common area and off-site improvements in the workable phase of the site and necessary for development of the phase in the approved construction plan and as depicted in the approved construction plan in which the lots or structures are located are completed, to the extent that the lots or structures are accessible and able to support development.

5. All lots within each approved workable phase of the tract shall be graded concurrently.

C. PERMIT EXPIRATION AND COMPLETION DEADLINE

1. Pursuant to Development Code Section 17.67.090, this permit shall expire within twenty four (24) months from the date that the Coastal Permit associated with this Conditional Use Permit is approved by the last responsible agency, unless grading permits for the lots within each Vesting Tentative Tract Map have been applied for and are being diligently pursued. Extensions of up to one (1) year each may be granted by the Planning Commission, if requested in writing prior to expiration.

2. If finished grading and construction of the streets and utilities have not been completed and accepted within two (2) years from the date of recordation of each Final Map, Conditional Use Permit No. 162 shall expire and be of no further effect, unless, prior to expiration, a written request for extension pursuant to Section 17.56.080 of the City's Development Code is filed with the Department of Planning, Building and Code Enforcement and is granted by the Planning Commission. Otherwise, a new Conditional Use Permit must be approved prior to further development of the tracts.

D. AFFORDABLE HOUSING

1. The developer shall provide a minimum of four (4) dwelling units on-site as rental housing, which shall be affordable to very low to low income households. These units shall be provided on-site in conjunction with development of the golf course. Each unit shall contain at least 850 square foot of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided for each unit. The units shall be available for rent prior to the opening of the 18-hole golf course. A covenant which guarantees that the affordable units shall not revert to market rate for a minimum period of thirty years shall be recorded no later than the date of recordation of the final map.

Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low income levels working within four miles of the City’s coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed).

2. The total number of on-site market-rate dwelling units shall be limited to one dwelling unit per buildable acre of land. However, as an incentive to the developer to provide affordable housing, the four (4) affordable dwelling units to be provided on-site, pursuant to Condition

No. D.1 above, shall be allowed to exceed the one dwelling unit per buildable acre maximum. However, in no event shall more than 79 units (both market-rate and affordable) be constructed on the total project site, which includes Vesting Tentative Tract Map Nos. 50666 and 50667.

3. The developer shall provide a minimum of four (4) dwelling units off-site as rental housing, which shall be affordable to very low to low income households. The off-site units shall be located in the City, either within the City's coastal zone or within three miles thereof, and shall not already be designated for or used by persons or families of very low to moderate income levels. The units shall contain at least 850 square feet of habitable space and two bedrooms. The units shall be available for rent at the time when 50% of the market-rate lots are available for sale. The units shall remain affordable to very low to low income households for a period of at least thirty years after initial occupancy at the affordable rate.

Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed).

E. LANDSCAPING

1. Prior to issuance of grading permits, the developer shall submit a preliminary landscape plan to the Director of Planning, Building and Code Enforcement for review and approval of all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails, which shall include the following:

a. A minimum of eighty percent (80%) drought tolerant plant materials for all landscaped areas.

b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected and so that solar access to all dwelling units is protected.

c. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height.

d. The re-seeding and re-establishment of natural plant species for all of the disturbed common open space areas. Said plan shall include site specific and non-invasive species, and shall be reviewed and commented on by the project biologist and interested parties, and shall be subject to the approval of the Director of Planning, Building and Code Enforcement.

e. Landscaping and irrigation plans for all rough graded surfaces which have been scarified through grading operations.

f. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.42.060), as identified in the Development Code.

2. Prior to recordation of the Final Map, the developer shall submit a final landscape and irrigation plan to the Director of Planning, Building and Code Enforcement for review and approval of all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails. The final landscape and irrigation plan shall conform to the California State Model Water Efficient Landscape Ordinance (per State Assembly Bill 325) and shall include the following:

a. A minimum of eighty percent (80%) drought tolerant plant materials for all landscaped areas.

b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected and so that solar access to all dwelling units is protected.

c. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height.

d. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.42.060), as identified in the Development Code.

e. Irrigation systems shall utilize drip and bubbler systems wherever possible. Controlled spray systems may be used where drip or bubbler systems are not appropriate. All sprinkler heads shall be adjusted to avoid over-spray.

f. All high water use areas shall be irrigated separately from drought tolerant areas.

g. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs.

3. Within 30 days after Final Map approval, or before sale of any individual lot, whichever occurs first, the developer shall submit to the City a Covenant to Maintain Property to protect views for each lot. All fees associated with recording said covenants shall be paid by the developer.

4. With the exception of irrigation lines that have been reviewed and approved by the City Geologist for installation and operation, prior to installation of any additional irrigation lines on any portion of the Ocean Trails property, the City Council shall have approved the Ocean Trails Water Control Plan to ensure that the installation and operation of said irrigation lines will not contribute water to any known landslide area, cause any significant erosion or other potentially hazardous conditions.

5. All proposed irrigation within the Ocean Trails project, which includes, but is not limited to, all irrigation for the golf course, parks, open space lots and private residential lots, shall be subject to the standards of the Ocean Trails Water Control Plan as reviewed and approved by the City Council, and other than the golf course, shall be consistent with City of Rancho Palos Verdes Municipal Code Section No. 15.34, "Water Conservation in Landscaping". With the exception of private residential lots which have been sold to an individual purchaser, the developer or any subsequent owner of the golf course (hereinafter "developer") shall be responsible for submitting an audit report every 60 days for review and approval by the Director of Planning, Building and Code Enforcement, which details the project’s compliance with the Ocean Trails Water Control Plan and consistency, where applicable, with Municipal Code Section No. 15.34. If it is determined by the Director of Planning, Building and Code Enforcement, that any irrigation is not in compliance with either the Ocean Trails Water Control Plan or Municipal Code Section 15.34, or is causing any impacts to the project site, the developer shall be required to halt all irrigation in the subject area until any such problem has been remedied to the satisfaction of the Director of Planning, Building and Code Enforcement.

F. TRACT FENCING PLANS

1. A complete project fencing plan for each tract included in this approval (including public trails, habitat areas, warning signage, and proposed fence and wall details) shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of grading permits or recordation of the Final Map, whichever occurs first. With the exception of the decorative fence for all private residential lots as noted in sub-section c and d below, it shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. In regards to the decorative fence for all private residential lots as noted in sub-section c and d below, the developer shall install said fencing prior to the issuance of a certificate of use and occupancy for each specific lot. Said fencing shall incorporate the following:

    1. A 42 inch high pipe rail fence of suitable design shall be placed along the length of the bluff top…(no changes to this sub-section)
    2. A protective fence around the California gnatcatcher habitat areas and around all wildlife corridors…(no changes to this sub-section)
    3. Vesting Tentative Tract Map No. 50666
    1. A decorative fence, minimum height five (5) feet and maximum height six (6) feet, which allows a minimum of 90% light and air to pass through shall be required along all street side setbacks and within all rear setback areas (along the rear and side property lines) of all private residential lots. If not specifically addressed above, said fencing shall be required along all property lines directly abutting common open space lots. Said fencing shall meet the minimum standard design requirements of pool fencing. Any change to these criteria must be approved by the Director of Planning, Building and Code Enforcement. In addition, a solid wall, minimum height five (5) feet and maximum height six (6) feet, shall be required along the west side property line to buffer the public trails in this area from the adjacent residences in the Portuguese Bend Club. The final location, length and configuration of this solid wall shall be reviewed and approved by the City Council prior to the commencement of grading within the phase of the project adjacent to the Portuguese Bend Club.
    1. Vesting Tentative Tract Map No. 50667

1) Except for Lot Nos. 20 through 23, a decorative, minimum height five (5) feet, maximum height six (6) feet fence which allows a minimum of 90% light and air to pass through shall be required along all street side setbacks and within all rear setback areas (along the rear and side property lines). Said fencing shall also be required along the western side property line of Lot Nos. 34 and 35. If not specifically addressed above, said fencing shall be required for all property lines directly abutting common open space lots or the golf course. Said fencing shall meet the minimum standard design requirements of pool fencing. Any change to these criteria must be approved by the Director of Planning, Building and Code Enforcement.

2) A decorative, uniform wall or fence shall be required along the rear property lines of Lot Nos. 20 through 23.

2. Chain link or other wire fencing is prohibited on any portion of any lot within the project, except as otherwise required by the project biologist for habitat protection.

3. Within the front and street side setback areas, fences, walls, or hedges up to a maximum of twenty four (24) inches in height shall be permitted.

G. TRAILS PLAN IMPLEMENTATION/PUBLIC AMENITIES PLAN

1. Prior to issuance of any grading permit, or prior to recordation of any Final Map, whichever occurs first, the developer shall submit a detailed Public Amenities Plan, including signage, specific design standards and placement for all trails, vista points and parking facilities, and other amenities consistent with the Conceptual Trails Plan, subject to the review of the Recreation and Parks Committee, the Directors of Planning, Building and Code Enforcement, Public Works and Parks and Recreation, and approval by the City Council. The Public Amenities Plan shall be in substantial conformance with the program submitted by the developers and described in the "Ocean Trails Conceptual Public Amenities and Coastal Access Program, Rancho Palos Verdes Subregion 7", dated July 1994.

2. The existing remnant from the World War II facilities located at Halfway Point Park shall be preserved as part of the Public Amenities Plan. A plaque commemorating the facility and describing its use shall be placed at the location.

3. Dedication of the public trails and open space lots shall occur at the time any Final Map is recorded.

4. Construction of the public trails and improvements required in the Public Amenities Plan shall be the obligation of the developer. Construction shall coincide with the project grading activity for each approved workable phase within each tract and shall be completed upon acceptance of street improvements within each tract.

H. MITIGATION MEASURES

1. The development shall comply with all mitigation measures of Environmental Impact Report No. 36. Where more restrictive language appears in these conditions of approval, the more restrictive language shall control.

2. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the Developer.

II. DEVELOPMENT OF INDIVIDUAL LOTS

I. NUMBER OF RESIDENTIAL UNITS

1. In addition to the four on-site affordable housing units required in Condition D.1, no more than thirty nine (39) single family residential units shall be permitted in Tract No. 50666 and no more than thirty six (36) single family residential units shall be permitted in Tract 50667.

J. PROJECT DESIGN

1. Prior to the issuance of grading permits, a final project site plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval, identifying the location of all lots, streets and other lot improvements including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on Vesting Tentative Tract Map Nos. 50666 dated as revised on July 31, 1996 and Vesting Tentative Tract Map No. 50667, dated as revised on June 19, 1996.

2. All single family residential development shall conform to the specific standards contained in this permit or, if not addressed herein, the RS-1 (RPD) development standards of the Development Code shall apply.

3. Any significant changes in the development characteristics of the Residential Planned Development, including but not limited to the number of dwelling units, street and lot configuration or modifications to the finished contours, shall require that an application for a major revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification and any items reasonably related to the request, and shall be subject to approval by the Planning Commission. Before any minor changes are made to the Residential Planned Development, the Director of Planning, Building and Code Enforcement shall report to the Planning Commission a determination of significance.

4. Developers of individual properties shall participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and/or construction plans for each individual residence are submitted to the City for review.

5. No grading or construction of permanent structures on any individual lot shall be allowed closer than twenty-five (25) feet to the Coastal Setback Zone.

K. COMMON OPEN SPACE BONDS

1. A minimum of 30% of the acreage of each residential Tract No. 50666 and No. 50667, exclusive of the golf course area, shall remain as common open space. In Tract No. 50666, the lots considered for the purpose of calculating the minimum required common open space are: Lot A (West Vista Park) at 1.5 acres in size; Lot B (Forrestal Canyon) at 5.3 acres in size; Lot D (Portuguese Bend Fire Break) at 1.0 acre in size; Lot C (Forrestal Canyon Fire Break) at 2.4 acres in size; and, Lot J (Palos Verdes Drive South Frontage) at 1.6 acres. In Tract No. 50667, the lots considered for the purpose of calculating the minimum required common open space are: Lot A (La Rotonda Drive Frontage) at 0.5 acres in size; Lot B (Palos Verdes Drive South Frontage) at 3.1 acres in size; Lot C (La Rotonda Canyon) at 4.5 acres in size; Lot D (East Vista Park) at 1.2 acres in size; and, Lot H (East Bluff Preserve Fire Break) at 5.0 acres in size.

2. Prior to recordation of each Final Map or issuance of the grading permit, whichever occurs first, the developer shall post a bond, cash deposit, or other City-approved security to ensure the completion of all common area improvements including: rough grading, landscaping, irrigation, public trails, drainage facilities, and other site features as per approved plans.

L. CC&Rs

1. Prior to approval of the final map, copies of Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the Director of Planning, Building and Code Enforcement and the City Attorney for review and approval. Said CC&R's shall reflect standards provided in Chapter 17.14 (Homeowners' Association) of the Development Code, including those items identified herein, and any applicable conditions of Vesting Tentative Tract Map Nos. 50666 and 50667.

2. All necessary legal agreements and documents, including Homeowners' Association, deed restrictions, covenants, dedication of common open space and development rights, public easements, and proposed methods of maintenance and perpetuation of all common open space, on-site drainage facilities and any other hydrological improvements shall be submitted and approved by the City Attorney and the Director of Planning, Building and Code Enforcement prior to approval of each Final Map. Said CC&R's shall include, but not be limited to, the following provisions:

a. All provisions required by Section 17.14 (Homeowners' Association) of the City's Development Code.

b. Membership in the Homeowners' Association shall be inseparable from ownership in the individual lots.

c. The "Development Standards and Design Guidelines" for the project which identifies all materials which affect structure appearance and use restrictions, including but not limited to architectural controls, structure and roof materials, exterior finishes, walls/fences, exterior lighting, and the standards of development contained in subsections M through V of this document (Grading, Development Plans for Construction of Individual Residences, Private Lot Open Space, Setbacks, Minimum Open Space Requirements of Individual Residences, Building Facades and Rooflines, Heights, Lighting, and Appliances). A copy of the "Development Standards and Design Guidelines shall be provided by the developer and/or Homeowners' Association to each individual landowner upon purchase of any lot or residence.

d. All future residential structures, accessory structures, improvements, and/or landscaping shall be subject to review by the Director of Planning, Building and Code Enforcement and/or "DRC" as described below in Condition N.1 and construction and installations of said structures and improvements shall conform to the City-approved plans.

e. Dedicate to the City the right to prohibit construction of residential structures on slopes greater than a 3:1 gradient.

f. Exterior residential lighting shall be limited to the standards of Environmental Protection set forth in Section 17.54 of the City Development Code.

g. Lot coverage, setback, height and private open space shall comply with the requirements for each residential structure as detailed in these Conditions of Approval.

h. Requirements for solar installations shall conform to the Development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.57 of the Development Code.

i. All landscaping (including parkway trees) shall be selected and maintained so that no trees or group of trees obstructs views from the public right-of-way or adjacent properties consistent with City Council policy regarding street trees.

j. No landscaping or accessory structure shall block or significantly obstruct solar access to any lot.

l. Disposal of cuttings of non-native invasive plant species or any ornamental plant species shall be prohibited in common and public open space areas.

n. Identification of all public trail easements for pedestrian and bicycle use. The CC&R's shall also prohibit individually owned structures, accessory structures, fences, walls, hedges, landscaping or any other such obstacle within said trail easements without the written approval from the City Council of the City of Rancho Palos Verdes.

    1. The CC&Rs shall prohibit individual landowners from encroaching into the public right-of-way. The CC&Rs shall specify that all costs incurred to remove hardscape/landscape improvements installed by a landowner in violation of the CC&Rs within the public right-of-way shall be borne by the landowner. At the time improvement plans for an individual residence are submitted to the Homeowner's Association (as required in Condition No. N.7 and the City of Rancho Palos Verdes (as required in Condition No. N.1) for review, the homeowner shall sign a disclosure stating that it is understood that encroachments into the public right-of-way are prohibited and all unlawful improvements constructed within the public right-of-way shall be removed solely at the landowner's expense. This requirement does not apply to mailboxes, provided that the mail boxes do not exceed the minimum requirements of the United States Postal Service.

p. The requirements of Condition No. E.5. and N.8. of Conditional Use Permit No. 162 shall be incorporated into the CC&R’s for Tract Nos. 50666 and 50667 subject to review and approval by the City Attorney and the Director of Planning, Building and Code Enforcement.

3. Within thirty (30) days following recordation of the CC&R's, the developer shall submit a recorded copy of the document to the Director of Planning, Building and Code Enforcement.

M. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES

1. Remedial grading, consisting of over-excavation and recompaction for geologic stability which will not alter the contours shown on the approved tract grading plan shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. In addition, grading of up to 1,000 cubic yards for residential use of an individual lot shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. Grading in excess of 1,000 cubic yards, or grading to alter the finished pad elevations shall require approval by the Planning Commission.

2. No construction and/or grading on individual lots, shall be permitted on 3:1 or greater slopes.

3. All retaining walls shall be subject to review and approval by the Director of Planning, Building and Code Enforcement with subsequent reporting to the Planning Commission, if required, for review and approval pursuant to Section 17.50 of the City Development Code.

4. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907-i.

5. All residential building pad elevations shall substantially conform to the final grading plan for the Final Map in which the lot is located, as approved by the Director of Planning, Building and Code Enforcement. Future landowners are prohibited from raising or lowering the approved building pad elevations, except for excavations to accommodate completely subterranean areas (such as basements, wine cellars and storage areas), as provided for by the Development Code. Within 30 days after Final Map approval, or before sale of any individual lot, whichever occurs first, the developer shall submit to the City a "Covenant to Control Building Pad Elevation" for each residential lot, according to the pad elevations specified on the approved final grading plan. All fees associated with recording said covenants shall be paid by the developer.

N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES

1. Prior to issuance of any grading or construction permits for individual lots subsequent to the completion of finished pads, final improvement plans for the particular lot and structure shall be submitted to the Director of Planning, Building and Code Enforcement and/or Design Review Committee ("DRC") or similar body as described below in Condition N.5 for review and approval. Said plans shall include, but are not limited to, plot plan, section and elevation drawings, floor plan, grading and exterior lighting plan. The plot plan shall clearly show existing and proposed topography, all proposed structures, all easements and setbacks. The section and elevation drawings shall clearly indicate maximum proposed height and ridge elevation for all structures, fences, walls, accessory structures, and equipment.

2. Unless otherwise specified in these conditions of approval, all structures and development on individual lots shall comply with RS-1 (RPD) development standards.

3. All fencing along interior side and front property lines, if not otherwise addressed in Sections F.1, F.2, and F.3 above, shall conform with Section 17.42 of the Rancho Palos Verdes Development Code.

4. Chain link or other wire fence is prohibited on any portion of any lot, except as otherwise required by project biologist for habitat protection.

5. Developer's of individual properties shall participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and construction plans for each individual residence are submitted.

6. Development and construction plans for each individual residence shall comply with the standards and conditions set forth in the "Development Standards and Design Guidelines" for the tract and shall be incorporated within the CC&R's for each tract and attached hereto by reference as Exhibit "B" and hereby included as a condition of approval. The final version of the "Development Standards and Design Guidelines" shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to the recordation of the CC&Rs. Requests for approval of individual residences shall be reviewed for compliance with said conditions and "Development Standards and Design Guidelines" by the Director of Planning, Building and Code Enforcement and/or any Design Review Committee ("DRC") in place at the time development applications for individual residences are submitted.

7. Upon submittal of proposed development and construction plans for each individual residence to the Director of Planning, Building and Code Enforcement as described above in Condition N.1, individual property owners shall provide written approval of the proposed development obtained from the established Homeowner's Association or any Homeowner's Association Architectural Committee.

8. Landscape planting and irrigation plans for each residential lot within Tract No. 50666 and Tract No. 50667 shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to installation of any irrigation system.

Further, it shall be the responsibility of each Owner to landscape, irrigate and maintain the front and rear yard areas of their Lot in a clean and attractive condition. Each Owner shall install the front yard landscaping within 120 days of such Owner's initial occupancy of the dwelling located on the Lot. The rear yard landscaping shall be installed within 180 days of such Owner's initial occupation of the dwelling located on the Lot.

The developer shall be responsible for keeping the City up to date on the status of each individual lot landscape plan. This shall take the form of a table that lists all of the lots, their date of building permit issuance, date of close of escrow, and the maximum deadline to submit a landscape plan based upon building permit or close of escrow. The developer shall be responsible for submitting an updated table each time a building final is issued and at close of escrow. Landscape and irrigation plans shall be consistent with the standards of the Ocean Trails Water Control Plan. Furthermore, notwithstanding any exemption contained in Chapter 15.34, any single-family lot within Tract No. 50666 or No. 50667 shall comply with Chapter 15.34 with respect to irrigation and drought tolerant plantings as determined by the Director of Planning, Building and Code Enforcement.

O. PRIVATE LOT OPEN SPACE

1. Each residential lot shall provide a private outdoor living area in an amount not less than four hundred (400) square feet for each bedroom in the unit. This area shall be adjacent to and provide a private, usable area for each dwelling unit.

P. SETBACKS

1. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50666:

a. The minimum front yard setback for all structures on an individual lot shall be thirty-five (35) feet.

b. The minimum street side setback on all lots shall be twenty (20) feet.

c. On lots with a minimum lot size less than 20,000 square feet (Lot Nos. 24, 29 and 32 through 40), the minimum interior side yard setback shall be ten (10) feet on one side, with a minimum total of thirty (30) feet on both sides.

d. On lots with a minimum lot size between 20,000 and 24,999 square feet (Lots Nos. 1, 2, 6, 13, 14, 20, 22, 23, 25 through 28, 30 and 31), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of thirty five (35) feet on both sides.

e. On lots with a minimum lot size of 25,000 or greater (Lot Nos. 3 through 5, 7 through 12, 15 through 19 and 21), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of forty (40) feet on both sides.

f. The minimum rear yard setback for all structures on an individual lot shall be thirty-five (35) feet.

2. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50667:

a. Except for Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be thirty-five (35) feet. On Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be twenty-five (25) feet.

b. The minimum street side setback on all lots shall be twenty (20) feet.

c. On lots with a minimum lot size less than 20,000 square feet (Lot Nos. 2-16, 18, 19, 22, 23, 29, 30, 33, 34 and 36), the minimum interior side yard setback shall be ten (10) feet on one side, with a minimum total of thirty (30) feet on both sides.

d. On lots with a minimum lot size between 20,000 and 24,999 square feet (Lot Nos. 20, 21, 24, 26-28, 31, 32 and 35), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of thirty five (35) feet on both sides.

e. On lots with a minimum lot size of 25,000 (Lot Nos. 1, 17 and 25), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of forty (40) feet on both sides.

f. Except for Lot Nos. 7 through 16, 18, 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be thirty-five (35) feet. On Lot Nos. 11 through 16, 18, 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be twenty-five (25) feet. On Lot Nos. 6, 7 and 8 the minimum fuel modification zone/rear yard setback for all structures on an individual lot shall be fifty (50) feet. However, the fuel modification zone/rear yard setback on Lot Nos. 6, 7 and 8 may be reduced at the time that individual residences are proposed on these lots, provided that alternative fire suppression systems and/or building techniques are incorporated into the design of the residence, such as water sprinkler systems, fire walls, fire retardant materials, etc., to the satisfaction of the Los Angeles County Fire Department and City Building Official. If the fuel modification zone setback is reduced through this subsequent approval, the rear yard setback on Lot Nos. 6, 7 and 8 shall not be less than 25 feet. On Lot Nos. 9 and 10, the minimum rear yard setback shall be the foundation setback line shown on the approved final Phase I Grading Plan.

3. Any other architectural features or appurtenances shall conform to Section 17.40.030 (E) of the Rancho Palos Verdes Development Code.

4. Except for driveways, walkways and parking areas, all of the required front and street-side setback areas shall be landscaped. Driveways, walkways, and parking areas shall not cover more than fifty (50) percent of the required front or street side setback areas. "Turf-block" or landscaped areas that are designed to be driven or parked over (such as grass strips between paved strips) shall be counted as a driveway or parking area for the purpose of calculating landscaping in the front or street side setback area.

5. Except as described below in Condition P.6, no minor or accessory structures, including but not limited to pool equipment and trash enclosures, shall be permitted within any required setback area.

6. Trash enclosures and other minor equipment may be permitted within any interior side yard setback area adjacent to the structure, subject to review and approval of a Minor Exception Permit.

Q. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES

1. The minimum open space requirement for all lots shall not be less than 60 percent of the lot. Lot coverage shall include the building footprint, driveway and parking area, covered patios, covered walkways, and other accessory structures.

2. In addition, the following limitations apply to habitable area of each structure, dependent on the size of the lot on which the structure is located:

LOT SIZE

(RANGE)

MAXIMUM

HABITABLE SPACE

MAXIMUM

HABITABLE SPACE

SQUARE FOOTAGE

(RANGE)

less than 20,000 SQUARE FEET

30%

6,000 SQUARE FEET

20,000 - 24,999 SQUARE FEET

30%

7,500 SQUARE FEET

25,000 SQUARE FEET OR GREATER

30%

10,000 SQUARE FEET

NOTES:

a. Lot sizes are based on calculated gross square footage.

b. Maximum Habitable Space includes all areas of structures, and does not include garage, access, driveways, and hardscape. Non-habitable basements per the Building Code are excluded.

c. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet.

d. This note applies to one-story structures only. For one-story structures, the Maximum Habitable Space (30%) shown in column #2 shall apply to the portion of the structure constructed above grade. Habitable Space within any Basement below a one-story structure shall not be counted towards the Maximum Habitable Space of 30% in column #2. However, Habitable Space within a Basement shall be added to the Habitable Space on the first floor to ensure that the total Habitable Space of both areas (Basement and First Floor) when added together does not exceed the Maximum Habitable Space noted in column #3

e. Maximum Habitable Space in second story and split-level structures shall be the lesser of column #2 or #3.

3. Requests to modify the permitted habitable square footage per lot size category are subject to a Revision to Conditional Use Permit No. 162.

R. BUILDING FACADES AND ROOFLINES

1. In order to avoid solid, two story facades on any structure, no unbroken, vertical two-story facades shall be allowed on the front and rear elevations of the residences. The upper level shall be a minimum of twenty (20) percent smaller than the footprint of the structure. In no case should the setback area on the upper level be less than six (6) feet. This area shall be setback from the lower level on both the front and rear elevation of each structure. The setback may only be used as a roof area or an uncovered deck or balcony.

2. The roof of the main structure on each residence shall have a pitch of at least 2 in 12, except where it is necessary to have small areas with less pitch in order to comply with Building Code criteria.

3. On Lot Nos. 13 through 21 within Vesting Tentative Tract No. 50666, the main ridge of the structure shall be parallel to the side property line and generally perpendicular to Palos Verdes Drive South.

4. On Lot Nos. 24, 25, 35 and 36 within Vesting Tentative Tract No. 50667, the main ridge of the structure shall be perpendicular to Palos Verdes Drive South.

5. Roofing materials shall be Class A and non-combustible.

S. HEIGHTS

1. For the purposes of identifying lot types and approved heights for all primary structures within Vesting Tentative Tract map No. 50666, Lot 1, Lot Nos. 9 through 13, Lot Nos. 19 through 22, and 31 through 40 (with Exception of Clubhouse Lot 38) are designated as Lot Type A. Lot Nos. 2 through 8 are designated Lot Type C. Lot Nos. 14 through 18 and 23 through 30 are designated as Lot Type D.

2. For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 4 through 13, 24 and 25 are designated as Lot Type A. Lot Nos. 1 through 3 are designated Lot Type B. Lot Nos. 14 through 17 and 26 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos. 22 and 23 are designated Lot Type E.

3. Building heights for all residential structures are limited as follows:

Lot Type A: 16 feet

Lot Type B: 15 feet

Lot Type C: 26 feet

Lot Type D: 16 feet from upper pad, and 26 feet from lower pad

Lot Type E: 21 feet from upper pad, and 26 feet from lower pad

4. All heights shall be measured pursuant to Section 17.02.040 of the Development Code (View Preservation and Restoration Ordinance).

5. The height of all accessory structures shall conform to Section 17.40.050 (C) of the Rancho Palos Verdes Development Code.

6. The subsequent submittal of a Conditional Use Permit Revision to increase the maximum building heights to exceed those specified in Condition S.3 above shall be prohibited. Within 30 days after Final Map approval, or before sale of any individual lot, whichever occurs first, the developer shall submit to the City a "Covenant to Limit Maximum Building Height" for each residential lot, according to the height limits specified in Condition S.3. All fees associated with recording said covenants shall be paid by the developer.

T. SOLAR SYSTEM

1. All dwelling units shall be designed and constructed so that the plumbing and circulation system will allow utilization of solar energy as part of the hybrid system for providing hot water. Solar panels shall not exceed the ridge line of the structure on which they are placed.

2. All proposed solar installation shall be reviewed by the Director of Planning, Building and Code Enforcement for consistency with the provisions of the Development Code.

U. LIGHTING

1. Exterior residential lighting shall be limited to the standards of Section 17.54.030 of the Development Code.

2. A typical residential unit lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to issuance of building permits, and there shall be no direct off-site illumination from any light source.

V. APPLIANCES

1. All units shall be required to install and maintain in proper working order an electronic garage door opener for each garage door.

2. All units shall be required to install and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads.