Rancho Palos Verdes City Council
   

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: APRIL 20, 2004

SUBJECT: REVISION "V" TO THE OCEAN TRAILS PROJECT

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

That the City Council 1) Adopt Resolution No. 2004-__, approving Addendum No. 17 to Environmental Impact Report No. 36 for Revision "V"; 2) adopt Resolution No. 2004-__, approving Revision "V", amending CUP No. 162 and for a Grading Permit (Case No. ZON2004-00078); 3) adopt Resolution No. 2004-__, approving Revision "V", amending CUP No. 163; 4) adopt Resolution No. 2004-__, approving Revision "V", amending VTTM No. 50666; 5) adopt Resolution No. 2004-__, approving Revision "V", amending VTTM No. 50667.

EXECUTIVE SUMMARY

At the March 2nd City Council Meeting, the City Council approved Revision "V" to the Ocean Trails Project contingent upon certain modifications to the draft Conditions. The revised Conditions were then placed on the March 16th City Council Agenda for Council review and approval. However, at the March 16th City Council Meeting, the developer requested that the Council continue Revision "V" to the April 20th City Council meeting so as to allow the developer additional time to review the revised Resolutions and Conditions as proposed by Staff. Additionally, at the March 16th City Council Meeting, the Council heard a presentation by Ocean Trails pertaining to the status of the Palos Verdes Drive South (PVDS) reconstruction project. After hearing the presentation, the Council directed Staff to re-notice Revision "V" as a public hearing for the April 20th meeting so that in addition to acting on the items approved on March 2nd, the Council could also amend conditions related to the timing of the PVDS reconstruction project and any other conditions that were ambiguous in regards to a completion date.As such, Staff is recommending that at the April 20th meeting, the Council adopt the final resolutions implementing the Council's direction and approval from the March 2nd meeting, as well as amendments clarifying the completion dates for the PVDS reconstruction project, and two other amenities - the provision of off-site affordable housing units, and the project's Maintenance Building.

BACKGROUND

At the March 2, 2004 City Council meeting, the City Council approved Revision "V" to the Ocean Trails project contingent upon the following:

  1. That the proposed change to Condition Q-2, allowing for an increase in Maximum Habitable Area, only apply to Tract No. 50667; andThat Condition Q-2 be revised to be very specific so as not to cause future misunderstanding as to the meaning of said condition.That no basements be permitted outside of the building footprint.That no changes in pad elevation occur.
  2. That this approval is contingent upon the City's acceptance of Open Space Lots within Tract No. 50667.

At the March 2nd meeting, the Developer agreed to all of the contingencies noted above.

DISCUSSION

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

Existing Condition No. Q-2 reads as follows:

"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

MAXIMUMHABITABLE SPACESQUARE 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:

    1. Lot sizes are based on calculated gross square footage.
    2. 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."

Based upon Council direction, Staff is proposing to eliminate existing Condition Q-2 and in its place add new Condition Q-2 that will apply to Tract No. 50667 only, and new condition Q-3 that will apply to Tract No. 50666 only. Existing condition Q-3 will be re-numbered to condition Q-4.

Since Tract No. 50667 has been finaled and recorded, the lot sizes within this tract are final. As such, so as to remove any doubt regarding the permitted Maximum Habitable Area, Staff has prepared the following table for Tract No. 50667 that would provide the Maximum Habitable Area for each specific lot. It is important to note that the "Total Maximum Habitable Area" (column "e" below) will not exceed what the Council permitted at the March 2nd City Council meeting. As such, Staff recommends that Condition Q-2 be revised to read as follows:

"Q-2 The following limitations apply to the Total Maximum Habitable Area of each lot within Tract No. 50667:

a

b

c

d

e

Tract No. 50667 - Lot #

Lot Area

Allowable Habitable Area (30% of the lot area) that can be located on all levels of the structure (including basements)

Additional Habitable Area permitted only in a subterranean basement

Total Maximum Habitable Area

(columns c+d)

1

22,123

6,637

863

7,500

2

15,197

4,559

1,441

6,000

3

15,988

4796

1,204

6,000

4

14,012

4,204

1,797

6,000

5

12,644

3,793

2,207

6,000

6

18,757

5,627

373

6,000

7

15,413

4,624

1,376

6,000

8

16,874

5,062

938

6,000

9

22,128

6,638

862

7,500

10

22,981

6,894

606

7,500

11

13,256

3,977

2,023

6,000

12

12,489

3,747

2,253

6,000

13

13,975

4,192

1,808

6,000

14

17,897

5,369

0

5,369

15

18,603

5,581

0

5,581

16

24,389

7,317

0

7,317

17

36,058

10,000

0

10,000

18

25,405

7,622

0

7,622

19

22,726

6,818

0

6,818

20

23,584

7,075

0

7,075

21

23,765

7,130

0

7,130

22

19,771

5,931

0

5,931

23

18,829

5,649

0

5,649

24

29,654

8,896

1,104

10,000

25

30,730

9,219

781

10,000

26

21,875

6,562

0

6,562

27

23,777

7,133

0

7,133

28

21,149

6,345

0

6,345

29

19,010

5,703

0

5,703

30

19,443

5,833

0

5,833

31

20,318

6,095

0

6,095

32

21,646

6,494

0

6,494

33

17,533

5,260

0

5,260

34

18,872

5,662

0

5,662

35

16,594

4,978

0

4,978

36

19,705

5,912

0

5,912

NOTES:

    1. Lot areas are based on the depiction shown on recorded Final Map No. 50667. Any changes to the lot areas noted above, shall require a Revision to CUP No. 162 to modify the table above.
    2. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code.
    3. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet.
    4. All subterranean basement areas shall be within the boundaries of the building footprint above.
    5. There shall be no changes to the approved pad elevations as a result of the construction of basements."

Although the lot sizes in Vesting Tentative Tract No. 50666 are known, this tract is still a Vesting Tentative Tract and has not yet been finaled/recorded. Additionally, since the Developer has made it known to the public that he is proposing a revision to this tract to accommodate a future driving range and thereby re-arrange the lots within this tract, at the March 2nd City Council meeting, the City Council was reluctant to permit the same "Additional Habitable Area" in a basement as permitted in Tract No. 50667 (see column "d" above). As such, since the determination of Maximum Habitable Area for lots within Tract No. 50666 will not at this time include an allowance for "Additional Habitable Area" in a basement, and the existing table found in Condition Q-2 is confusing, Staff recommends the following language for determining "Total Maximum Habitable Area" in Tract No. 50666:

"Q-3 The following limitations apply to Total Maximum Habitable Area of each lot within Tract No. 50666:

    1. Total Maximum Habitable Area of each structure shall not exceed 30% of the Lot Area as depicted on the final recorded map of Tract No. 50666.
    2. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code.
    3. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet.
    4. All subterranean basement areas shall be within the boundaries of the building footprint above.
    5. There shall be no changes to the approved pad elevations as a result of the installation of basements."

B. Acceptance of Open Space Lots Within Tract Nos. 50666 and 50667:

At the March 2nd City Council Meeting, the Coastal Conservation Coalition submitted a letter requesting that the City address the matter of the City's acceptance of the dedicated open-space lots as required through a 1995 Settlement Agreement between Ocean Trails, the City and various other parties (including the Coastal Conservation Coalition). At the March 2nd meeting, Staff noted to the Council that the reason for a delay in the acceptance of these lots, was because an Agreement between Ocean Trails and the City pertaining to assumption of liability and responsibility in case of land failures or subsidence was needed prior to acceptance of these lots, and the language of the Agreement had not been agreed to by both parties. To address this issue, the Council directed Staff to ensure that the acceptance of these lots was tied to the approval of Revision "V". As such, Staff is proposing new conditions I-2 and I-3 to address of the City's acceptance of Open Space Lots within Tract Nos. 50667 and 50666.

"I-2. Prior to the issuance of any building or grading permits for the construction of any single-family residence within Tract No. 50667 or opening of the 18-hole golf course, whichever occurs first, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots and trail easements of Tract 50667 which are to be accepted by the City."

"I-3. Prior to the final map of Tract No. 50666, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots and trail easements of Tract 50666 which are to be accepted by the City."

It is important to note that the Agreement will require the Developer's assumption of liability forever, and that there will be language in the Agreement that will assign such liability to any transfers of ownership. Additionally, the Council will have the opportunity to address any specific concerns in the Agreement as it requires Council approval.

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

At the March 2nd meeting, the City Council also approved the developer's request to amend CUP No. 162 to permit a subterranean garage on Lot #2 of Tract No. 50667. As addressed in the March 2nd Staff Report, related to this specific request, the conditions will be modified as follows (bold underline for text added and strikethrough for text removed):

"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 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."

D. Changes to other Conditions of Approval to Address Ambiguities:

At the March 16th City Council meeting, based upon the Developer's presentation of the PVDS reconstruction project, the City Council directed Staff to provide a new public hearing notice in order that on April 20th any ambiguities concerning the existing conditions related to completing the PVDS reconstruction project and any other conditions that were ambiguous in regards to a completion date were clarified. Staff has reviewed all of the conditions and mitigation measures concerning this project and has identified specific conditions pertaining to 3 project amenities that could be clarified. They are as follows (strikethrough text for text removed and bold underline text for text added):

  1. Timing of the Palos Verdes Drive South reconstruction project: After consulting with Ocean Trails on the timing to complete the PVDS reconstruction project, Staff recommends that Condition I-3 of VTTM Nos. 50666 and 50667 be revised as follows:

VTTM Nos. 50666 and 50667, Condition I-3:

The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map, whichever occurs first and shall include a minimum fourteen (14) foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum ten (10) foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Construction on the improvements noted above shall begin no later than June 1, 2002 and shall be completed by November 1, 2002 prior to issuance of building permits for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancy for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first.

Additionally, the developer shall be responsible for the design and re-construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. Prior to June 1, 2002 or in conjunction with the construction of Phase 2 of Palos Verdes Drive South, whichever occurs first, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re-construction. The re-construction shall be completed by November 1, 2002.

Further, subject to review and approval by the Director of Public Works, the developer shall be responsible for resurfacing of portions of La Rotonda Road. The re-surfacing shall begin by October 1, 2001 and shall be completed by November 1, 2001.

Nothing in this Condition I-3 shall preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South (25th Street) from La Rotonda Drive to the eastern City limits pursuant to Condition I-5 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer (the "Engineer") to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and non-appealable. If the Engineer determines that the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended Condition I-3. The amount of credit shall be equal to the difference between (1) the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road.

2. Timing for the Provision of Off-site Affordable Housing Units: In addition to the four on-site affordable housing units that Ocean Trails has recently constructed, Ocean Trails is also required to provide for four off-site affordable housing units. Condition A-10 of VTTM Nos. 50666 and 50667, and Condition D-3 of CUP Nos. 162 and 163 require the off-site affordable units to be available for rent at the time when 50% of the market-rate lots are available for sale. Since Tract No. 50667 has 36 units and Tract No. 50666 has 39 units, Staff has interpreted this condition to mean that the off-site affordable units shall be provided prior to the sale of more than 3 lots within Tract No. 50666. Since it would be difficult for the City to monitor the sale of these lots, in 2001, the Developer and City Staff agreed that the off-site affordable units shall be provided once the Department of Real Estate issues it's "White Report". The condition was never amended to clear up this ambiguity. As such, Staff recommends the following amendments to this condition:

VTTM Nos. 50666 and 50667, Condition A-10; and CUP Nos. 162 and 163, Condition D-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. within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". 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).

3. Timing for Completion of the Golf Course Maintenance Building: Currently, there are no conditions of approval that specifically state when the Maintenance Building shall be completed. Staff feels that since the Maintenance Building fully supports the operation and maintenance of the Golf Course, the Maintenance Building should be completed prior to the opening of the 18-hole course. Additionally, the Maintenance Building site includes 75 overflow parking spaces for the Clubhouse and 25 employee parking spaces, which should also be (although are not currently conditioned) available prior to the opening of the 18-hole course. The Maintenance Building and surrounding parking lot are almost completed. However, to ensure that it is entirely completed and ready for use and occupancy prior to opening of the 18-hole course, Staff recommends the following changes to Condition E-2 of CUP No. 163:

CUP No. 163, Condition E-2:

The size, height, design and placement of the golf course maintenance facility shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails at Palos Verdes" prepared by HRMA Inc., dated as received by the City on July 13, 1998. Prior to issuance of building permits for the facility, the final design of the maintenance facility shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement for conformance with the plans approved by the Planning Commission on July 14, 1998. The Maintenance Facility, including the 75-space overflow parking lot and 25-space employee parking lot shall be completed and a final certificate of use and occupancy shall be obtained prior to the opening of the 18-hole golf course.

 

ALTERNATIVE

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

1. Identify issues with the draft conditions, and provide direction to Staff to modify specific conditions and come back to a future meeting with revised Resolutions.

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 for Revision "V"

Resolution No. 2004-__, amending CUP No. 162, and for a Grading Permit

Resolution No. 2004-__, amending CUP No. 163

Resolution No. 2004-__, amending VTTM No. 50666

Resolution No. 2004-__, amending VTTM No. 50667

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 NOS. 162 & 163, A NEW GRADING PERMIT (CASE NO. 2004-00078), AND VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667, 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, March 11, 2004 and April 15, 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, March 16, 2004, and April 20, 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, Revision "V", is for:

    1. An amendment to Conditional Use Permit No. 162, Conditions Q-2, Q-3 and Q-4, allowing basement areas of one-story structures in Tract No. 50667 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. An amendment to Conditional Use Permit No. 162, Conditions S-2 and S-3 and a Grading Permit to change the height of Lot #2 of Tract No. 50667, 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.
    3. Amendments to clear up specific ambiguities in the existing conditions of approval pertaining to the City's acceptance of open space lots, the status of the Palos Verdes Drive South reconstruction project, the status of providing off-site affordable housing units, and the status of completing the project's Maintenance Building. Specifically, this includes an amendment to Conditional Use Permit No. 162, Condition D-3 and adding new conditions I-2 and I-3; amendments to Conditional Use Permit No. 163, Conditions D-3 and E-2; and amendments to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditions A-10 and I-3.

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, 5) that some of the changes will only clarify the completion dates for certain project amenities, and 6) 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 and will clarify completion dates for certain project amenities.

  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 and clarifies the completion dates for certain project amenities.

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 20th day of April 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 April 20, 2004.

_________________________________

City Clerk

Resolution No. 2004-__ - Exhibit "A"

ADDENDUM NO. 17

TO

ENVIRONMENTAL IMPACT REPORT NO. 36

In conjunction with the requirements of the California Environmental Quality Act (CEQA), as well as State and Local CEQA Guidelines, the City Council has reviewed proposed Revision "V", which includes: 1) an amendment to Conditional Use Permit No. 162, Conditions Q-2, Q-3 and Q-4, regarding "Maximum Habitable Space"; 2) an amendment to Conditional Use Permit No. 162, Conditions S-2 and S-3 and a Grading Permit for a subterranean garage on Lot #2 of Tract No. 50667; and 3) amendments to clear up specific ambiguities in the existing conditions of approval; and finds 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 in Tract No. 50667, 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, and allows a subterranean parking garage on Lot #2 of Tract No. 50667. Further, Revision "V" will serve to only clarify existing ambiguities found in certain existing conditions of approval. No significant impacts will result from the proposed changes. 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, 5) that some of the changes will only clarify the completion dates for certain project amenities, and 6) 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 CONDITIONAL USE PERMIT NO. 162, AND A 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, March 11, 2004, and April 15, 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, March 16, 2004, and April 20, 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, Revision "V", is for:

    1. An amendment to Conditional Use Permit No. 162, Conditions Q-2, Q-3 and Q-4, allowing basement areas of one-story structures in Tract No. 50667 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. An amendment to Conditional Use Permit No. 162, Conditions S-2 and S-3 and a Grading Permit to change the height of Lot #2 of Tract No. 50667, 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.
    3. Amendments to clear up specific ambiguities in the existing conditions of approval pertaining to the City's acceptance of open space lots, the status of the Palos Verdes Drive South reconstruction project, the status of providing off-site affordable housing units, and the status of completing the project's Maintenance Building. Specifically, this includes an amendment to Conditional Use Permit No. 162, Condition D-3 and adding new conditions I-2 and I-3; amendments to Conditional Use Permit No. 163, Conditions D-3 and E-2; and amendments to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditions A-10 and I-3.

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, 5) that some of the changes will only clarify the completion dates for certain project amenities, and 6) 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 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.

Additionally, 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.

Further, 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).

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, since basements and subterranean garages 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" and "B", the site is adequate in lot size and configuration to accommodate the residential units, 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, 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.

Further, the proposed Revision "V" will improve conditions of Palos Verdes Drive South by establishing a clear deadline for completing the proposed roadway improvements.

F. That given the site location, project design, and recommended conditions imposed through this permit and attached hereto as Exhibits "A" and "B", 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, since basements and subterranean garages 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. Further, changes to the existing conditions to establish more clear timelines in the completion of certain public amenities will not cause any additional impacts.

  1. That 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, as the primary use of the lot is residential and the proposed grading is to accommodate a subterranean garage and basement for such residential use. It is not too uncommon to find other below grade or partially below grade garages and basements in the City.

I. That the grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the proposed grading will accommodate a subterranean structure and will not raise the ridgeline of the proposed structure as originally approved.

J. That 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.

K. 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 can be approved, as permitted through Section 17.76.040(E)(10), because;

    1. The criteria of subsection (E)(1) through (E)(8) of section 17.76.040(E) have been satisfied; and

b) The approval is consistent with the purposes set forth in subsection A of Section 17.76.040; 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.

    1. 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 because this project 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.
    2. Departure from the standards of subsection (E)(9) of this section will not be detrimental to the public safety nor to other property because 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.

Section 4: 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 5: 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 6: 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 and a Grading Permit, thereby replacing existing condition Q-2 with a new condition Q-2, adding a new condition Q-3, re-numbering existing condition Q-3 to Q-4, revising conditions D-3, S-2 and S-3, and adding condition I-2 and I-3, as shown below (strikethrough for text removed and bold underline for text added) and in the attached Exhibits "A" and "B", 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:

Existing Condition No. Q-2 shall be removed as follows:

"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."

New Condition Q-2 shall read as follows:

"Q-2 The following limitations apply to the Total Maximum Habitable Area of each lot within Tract No. 50667:

a

b

c

d

e

Tract No. 50667 - Lot #

Lot Area

Allowable Habitable Area (30% of the lot area) that can be located on all levels of the structure (including basements)

Additional Habitable Area permitted only in a subterranean basement

Total Maximum Habitable Area

(columns c+d)

1

22,123

6,637

863

7,500

2

15,197

4,559

1,441

6,000

3

15,988

4796

1,204

6,000

4

14,012

4,204

1,797

6,000

5

12,644

3,793

2,207

6,000

6

18,757

5,627

373

6,000

7

15,413

4,624

1,376

6,000

8

16,874

5,062

938

6,000

9

22,128

6,638

862

7,500

10

22,981

6,894

606

7,500

11

13,256

3,977

2,023

6,000

12

12,489

3,747

2,253

6,000

13

13,975

4,192

1,808

6,000

14

17,897

5,369

0

5,369

15

18,603

5,581

0

5,581

16

24,389

7,317

0

7,317

17

36,058

10,000

0

10,000

18

25,405

7,622

0

7,622

19

22,726

6,818

0

6,818

20

23,584

7,075

0

7,075

21

23,765

7,130

0

7,130

22

19,771

5,931

0

5,931

23

18,829

5,649

0

5,649

24

29,654

8,896

1,104

10,000

25

30,730

9,219

781

10,000

26

21,875

6,562

0

6,562

27

23,777

7,133

0

7,133

28

21,149

6,345

0

6,345

29

19,010

5,703

0

5,703

30

19,443

5,833

0

5,833

31

20,318

6,095

0

6,095

32

21,646

6,494

0

6,494

33

17,533

5,260

0

5,260

34

18,872

5,662

0

5,662

35

16,594

4,978

0

4,978

36

19,705

5,912

0

5,912

NOTES:

    1. Lot areas are based on the depiction shown on recorded Final Map No. 50667. Any changes to the lot areas noted above, shall require a Revision to CUP No. 162 to modify the table above.
    2. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code.
    3. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet.
    4. All subterranean basement areas shall be within the boundaries of the building footprint above.
    5. There shall be no changes to the approved pad elevations as a result of the construction of basements."

Existing Condition Q-3 shall be re-numbered to Q-4 as follows:

Q-3 Q-4 Requests to modify the permitted habitable square footage per lot size category are subject to a Revision to Conditional Use Permit No. 162.

New Condition Q-3 shall read as follows:

"Q-3 The following limitations apply to Total Maximum Habitable Area of each lot within Tract No. 50666:

    1. Total Maximum Habitable Area of each structure shall not exceed 30% of the Lot Area as depicted on the final recorded map of Tract No. 50666.
    2. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code.
    3. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet.
    4. All subterranean basement areas shall be within the boundaries of the building footprint above.
    5. There shall be no changes to the approved pad elevations as a result of the installation of basements."

Revised Condition D-3 shall read as follows:

D-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. within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". 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).

 

 

Revised Condition S-2 shall read as follows:

"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.

Revised Condition S-3 shall read as follows:

"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 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."

New Conditions I-2 and I-3 shall read as follows:

"I-2. Prior to the issuance of any building or grading permits for the construction of any single-family residence within Tract No. 50667 or opening of the 18-hole golf course, whichever occurs first, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots of Tract 50667 which are to be accepted by the City."

"I-3. Prior to the final map of Tract No. 50666, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots of Tract 50666 which are to be accepted by the City."

PASSED, APPROVED, and ADOPTED this 20th day of April 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 April 20, 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, judgments, 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 within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". 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.

2. Prior to the issuance of any building or grading permits for the construction of any single-family residence within Tract No. 50667 or opening of the 18-hole golf course, whichever occurs first, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots of Tract 50667 which are to be accepted by the City.

3. Prior to the final map of Tract No. 50666, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots of Tract 50666 which are to be accepted by the City.

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. The following limitations apply to Maximum Habitable Area of each lot within Tract No. 50667:

a

b

c

d

e

Tract No. 50667 - Lot #

Lot Area

Allowable Habitable Area (30% of the lot area) that can be located on all levels of the structure (including basements)

Additional Habitable Area permitted only in a subterranean basement

Total Maximum Habitable Area

(columns c+d)

1

22,123

6,637

863

7,500

2

15,197

4,559

1,441

6,000

3

15,988

4796

1,204

6,000

4

14,012

4,204

1,797

6,000

5

12,644

3,793

2,207

6,000

6

18,757

5,627

373

6,000

7

15,413

4,624

1,376

6,000

8

16,874

5,062

938

6,000

9

22,128

6,638

862

7,500

10

22,981

6,894

606

7,500

11

13,256

3,977

2,023

6,000

12

12,489

3,747

2,253

6,000

13

13,975

4,192

1,808

6,000

14

17,897

5,369

0

5,369

15

18,603

5,581

0

5,581

16

24,389

7,317

0

7,317

17

36,058

10,000

0

10,000

18

25,405

7,622

0

7,622

19

22,726

6,818

0

6,818

20

23,584

7,075

0

7,075

21

23,765

7,130

0

7,130

22

19,771

5,931

0

5,931

23

18,829

5,649

0

5,649

24

29,654

8,896

1,104

10,000

25

30,730

9,219

781

10,000

26

21,875

6,562

0

6,562

27

23,777

7,133

0

7,133

28

21,149

6,345

0

6,345

29

19,010

5,703

0

5,703

30

19,443

5,833

0

5,833

31

20,318

6,095

0

6,095

32

21,646

6,494

0

6,494

33

17,533

5,260

0

5,260

34

18,872

5,662

0

5,662

35

16,594

4,978

0

4,978

36

19,705

5,912

0

5,912

NOTES:

    1. Lot areas are based on the depiction shown on recorded Final Map No. 50667. Any changes to the lot areas noted above, shall require a Revision to CUP No. 162 to modify the table above.
    2. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code.
    3. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet.
    4. All subterranean basement areas shall be within the boundaries of the building footprint above.
    5. There shall be no changes to the approved pad elevations as a result of the construction of basements.

3. The following limitations apply to Maximum Habitable Area of each lot within Tract No. 50666:

    1. Total Maximum Habitable Area of each structure shall not exceed 30% of the Lot Area as depicted on the final recorded map of Tract No. 50666.
    2. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code.
    3. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet.
    4. All subterranean basement areas shall be within the boundaries of the building footprint above.
    5. There shall be no changes to the approved pad elevations as a result of the installation of basements.

4. 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 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.

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 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.

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.

RESOLUTION NO. 2004- , EXHIBIT "A"

CONDITIONAL USE PERMIT NO. 163 - REVISION "V"

CONDITIONS OF APPROVAL FOR A GOLF COURSE DEVELOPMENT

A. DEVELOPER AGREEMENT

1. Within thirty (30) days of approval of Revision "G" 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. The developer shall fund an alternative water source study in an amount not to exceed fifty thousand (50,000) dollars. The purpose of the study shall be to investigate the feasibility of developing various alternative water sources for support of the golf course and related facilities including such alternatives as desalinization, reverse osmosis and other similar technologies, water reclamation, use of de-watering wells, etc. However, upon written request, the City Council may waive or delay the requirement to prepare said study.

3. If there are drought conditions at the time the golf course is developed, or if for any other reason the availability of water is scarce, the developer or its successor in interest shall contribute its proportionate share of the cost of developing new water sources for the City, including off-site development, identified in the study required in Condition A.2. The City or other responsible agency shall determine the amount of the proportionate share by conducting the necessary studies. However, upon written request, the City Council may waive or delay the payment of the contribution, contingent on a determination by the City Council that an alternative water source study is necessary pursuant to Condition A.2 .

4. Approval of this Conditional Use Permit 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.

B. 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 approval, unless a grading permit for the golf course and building permits for the clubhouse structure 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 rough grading for the golf course and construction to the point of foundation inspection for the clubhouse structure has not been completed within twenty four (24) months from the date of building permit issuance, the Conditional Use Permit shall expire and be of no further effect, unless, prior to expiration, a written request for extension is filed with the Director 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.

C. GOLF COURSE CLUBHOUSE

1. The golf clubhouse shall be located west of the terminus of Street "A" (Paseo Del Mar extension), in the area generally described as east of Forrestal Canyon, south of the single family Lot Nos. 6, 7, and 8 located on Street "B", and north of Half Way Point Park, as shown on "Site Plan for Conditional Use Permit Amended Map No. 2," dated June 19, 1996, prepared by ESCO Engineering Service Corporation, and dated as received by the City on August 2, 1996. No portion of the golf course clubhouse shall be located in areas currently zoned Open Space Hazard (OH). A minimum factor of safety of 1.5 shall be demonstrated for the clubhouse structure. If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, including but not limited to de-watering wells, or if the clubhouse location is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council prior to recordation of any Final Map.

2. The size, height, design and placement of the clubhouse shall substantially conform to the plans reviewed by the City Council, which are entitled "Proposed Club House Expansion and Remodel", prepared by Envirotechno, dated June 11, 2003 and dated as received by the City on October 30, 2003. The maximum size of the Clubhouse shall be 41,281 square feet. Any increases to the size of the structure shall require approval of an amendment to this Conditional Use Permit by the City Council. Further, the Basement Space can only be utilized provided that the developer obtains all necessary approvals and permits from the Building Department and Fire Department.

3. The public rest rooms on the lower level of the clubhouse shall be increased in size to include a minimum of four (4) water closets in the women's facility and one (1) water closet and two (2) urinals in the men's facility. The design, orientation and signage of this facility shall clearly encourage use by the public visiting the adjacent park and access trails. The final design of the public rest rooms shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement.

4. The height of the clubhouse shall conform to the requirements of Variance No. 380, as specified in Resolution No. 94-77.

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 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 within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". 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).

4. The on-site affordable housing units shall be located near the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, provided that mechanical methods including, but not limited to de-watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the affordable housing units. Additionally, no portion of the affordable housing units shall be located in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, or if the location of the affordable housing complex is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council prior to recordation of any Final Map, or issuance of the grading permit, whichever occurs first.

5. The size, height, design and placement of the affordable housing complex shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails Clubhouse" (site plan, floor plans and elevations), prepared by Klages Carter Vail and Partners, dated May 1, 1994 and dated as received by the City on August 5, 1994. However, the required parking shall be modified to include a minimum of eight (8) enclosed garage spaces, pursuant to Condition D.1 above. Prior to issuance of building permits for the complex, the final design of the affordable housing complex shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement. The developer of the affordable housing complex shall be required to participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and construction plans for the affordable housing units are submitted.

6. The unenclosed guest parking spaces associated with the affordable housing complex shall be designed in such a manner as to blend with the single family residential appearance of the complex. Prior to the issuance of building permits for the complex, the final design of the guest parking spaces shall be submitted for review and approval of the Director of Planning, Building and Code Enforcement.

E. GOLF COURSE MAINTENANCE FACILITY

1. The golf course maintenance facility shall be located near the southeast intersection of Palos Verdes Drive South and Paseo Del Mar and the affordable housing complex, provided that mechanical methods including, but not limited to de-watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the maintenance structure. Additionally, no portion of the golf course maintenance structure shall be located in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, or if the location of the golf course maintenance facility is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council prior to recordation of any Final Map, or issuance of the grading permit, whichever occurs first.

2. The size, height, design and placement of the golf course maintenance facility shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails at Palos Verdes" prepared by HRMA Inc., dated as received by the City on July 13, 1998. Prior to issuance of building permits for the facility, the final design of the maintenance facility shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement for conformance with the plans approved by the Planning Commission on July 14, 1998. The Maintenance Facility, including the 75-space overflow parking lot and 25-space employee parking lot shall be completed and a final certificate of use and occupancy shall be obtained prior to the opening of the 18-hole golf course.

3. The maximum ridge height of the maintenance facility shall not exceed a height of 24 feet over the equipment storage area and 26 feet over the repair shops and offices. Ridge height certification is required at building framing inspection.

4. The golf course maintenance facility shall be enclosed by a maximum six (6) foot high, decorative block wall. The final location of the wall shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement, prior to the issuance of building permits for the facility.

F. DESIGN OF THE GOLF COURSE

1. The design and layout of the 18 hole golf course shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Site Plan for Conditional Use Permit Amended Map No. 2," dated June 19, 1996, prepared by ESCO Engineering Service Corporation, and dated as received by the City on August 2, 1996. Prior to commencement of the construction of the golf course, the final design of the golf course shall be submitted for review by the Director of Planning, Building and Code Enforcement and subsequently submitted for review and approval by the Planning Commission for compliance with the plan referenced in this condition. The final design of the golf course shall identifying the layout of the golf course holes and other improvements, including drainage structures, utility easements, golf cart paths, public trails and beach access. Wherever possible, the final design of the golf course shall minimize any conflict between the use of the golf holes and the public trails.

2. Any changes in the project which results in significant changes in the development characteristics of the approved conceptual plan per Condition F.1 above, shall require that an application for a revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification of any items reasonably related to the request, and shall be subject to approval by the Planning Commission. Before any minor changes are made to the development, the Director of Planning, Building and Code Enforcement shall report to the Planning Commission a determination of significance.

3. Prior to issuance of any grading permit, the developer shall submit a final 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 and subject to the review of the Recreation and Parks Committee, the Director of Planning, Building and Code Enforcement, the Director of Public Works, and the Director of Parks and Recreation, and approval by the City Council. The Public Amenities Plan shall be in substantial conformance with the program described in the "Ocean Trails Conceptual Public Amenities and Coastal Access Program for Rancho Palos Verdes Subregion 7", dated July 1994 and dated as received by the City on July 22, 1994.

4. Prior to recordation of the Final Map, any additional acreage needed to increase the size or area for the golf course and related uses shall be obtained by reducing the acreage currently designated for residential purposes within Tract 50666, Tract 50667, or a combination thereof, provided a minimum of thirty (30) percent of the area within each tract remains for Common Open Space. Any additional acreage needed to increase the area of the golf course shall not result in a reduction in the acreage of land to be dedicated or restricted for public open space uses as shown on the approved Ocean Trails Plan.

5. Any artificial water features (water hazards, fountains, artificial lakes, etc.) associated with the golf course are subject to review and approval by the Director of Planning, Building and Code Enforcement, prior to the issuance of a grading permit . Such features shall be permitted, subject to the conditions that they be lined to prevent percolation of water into the soil and are charged with reclaimed and appropriately treated water when available from related uses after such features are initially established. The reclaimed water stored in any artificial water features shall be used to supplement the irrigation systems required to maintain the golf course. The operation of the water features and reclaimed water shall be subject to all applicable health code requirements. If there are any violations in this condition of approval, or if such features create a public nuisance at any time (visual appearance, odor, etc.). approval of such features may be revoked through a public hearing before the Planning Commission, where mitigation including draining, filling, and re-landscaping may be imposed.

6. Any accessory structures associated with the golf course, including but not limited to a snack shop, convenience and comfort facilities, or similar structures, shall not exceed sixteen (16) feet in height unless a minor revision to the Conditional Use Permit and a Variance are granted by the Planning Commission.

G. OPERATION OF THE GOLF COURSE

1. Approval of this Conditional Use Permit is contingent upon the concurrent and continuous operation of the primary components of the project, which are the golf course and clubhouse. If either use is discontinued, this Conditional Use Permit will be null and void. If the landowner or the landowner's successor in interest seeks to change the uses which have been designated, the landowner must file an application for a major modification of the Conditional Use Permit with the City. At that time, the Planning Commission may impose such conditions as it deems necessary upon the proposed use and may consider all issues relevant to the proposed change of use, including, but not limited to, whether the entire Conditional Use Permit should be revoked.

2. The hours of operation of the clubhouse may be limited by the City Council based on the determination that excessive sound is audible from surrounding residential properties.

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

4. Prior to the opening of the golf course, the use of gardening equipment shall be controlled by a Golf Course Maintenance Plan which is subject to review and approval by the Director of Planning, Building and Code Enforcement, based on an analysis of equipment noise levels and potential impacts to neighboring residents. The Plan shall be submitted for formal review by the Director of Planning, Building and Code Enforcement within 3 months after the first day that the golf course opens for play and annually thereafter for the life of the golf course. At the 3-month review and at each subsequent annual review, the Director may determine that the Plan needs to be revised to address potential noise impacts. The Director may also determine that additional review periods and/or other conditions shall be applied to the Maintenance Plan.

Further, if the City receives any justified noise complaints that are caused by the maintenance of the golf course, as verified by the Director of Planning, Building and Code Enforcement, upon receipt of notice from the City, the owner(s) of the golf course shall respond to said verified complaint by notifying the City and implementing corrective measures within 24 hours from time of said notice.

The Director’s decision on any matter concerning the golf course maintenance may be appealed to the City Council. This condition shall apply to all golf course owners, present and future. Any violations of this condition may result in revocation of this Conditional Use Permit and subsequent cease of golf course play.

5. No on-site repair or delivery of equipment and/or materials shall be permitted before 7:00 a.m. or after 4:00 p.m., except for repair of golf course equipment within enclosed structures.

6. Prior to the installation of landscaping on the golf course, the developer shall submit a green waste management and recycling program for review and approval by the Directors of Planning, Building and Code Enforcement and Public Works.

7. The operator of the golf facilities shall participate in the City's recycling program.

8. The City hereby reserves the right to increase the golf tax established by Ordinance No. 291 on the golf course use to which the developer and any successors in interest to the developer and any owner(s) and/or operator(s) of the golf course shall not object. Written notice of this condition shall be provided to any purchaser(s) prior to the close of escrow and/or operator(s) of the golf course prior to the execution of any lease or contract agreement to operate the golf course.

9. Any future heliport proposed with this development shall be subject to a new and separate Conditional Use Permit. No heliport is permitted with this approval.

H. MISCELLANEOUS DESIGN STANDARDS

1. Prior to the issuance of grading permits, all golf course signage, including trail signage, shall be subject to a sign permit and subsequent review and approval by the Director of Planning, Building and Code Enforcement, as part of the landscape plan required in Condition K.1..

2. All trash enclosure walls shall be a maximum of 6 feet in height and designed to accommodate recycling bins and shall have solid, self closing gates and be integrated into the building design.

3. All utilities exclusively serving the site shall be provided underground, including cable television, telephone, electrical, gas, and water. All appropriate permits shall be obtained for their installation. Cable television, if utilized, shall be connected to the nearest trunk line at the developer's expense.

4. No roof mounted mechanical equipment, vents, or ducts, shall be permitted. All other mechanical equipment shall be screened and/or covered as necessary to reduce their visibility from public rights-of-way or adjacent properties. Any necessary screening and covering shall be architecturally harmonious with the materials and colors of the buildings. Use of satellite dish antennae shall be subject to the conditions and requirements of Sections 17.41.140 through 17.41.210 of the Rancho Palos Verdes Development Code.

5. Mechanical equipment shall be housed in enclosures designed to attenuate noise to a level of 45 dBA at the property lines. Mechanical equipment for food service shall incorporate filtration systems to eliminate exhaust odors.

6. No gates or other devices shall be permitted which limit direct access to the site. No freestanding fences, walls, or hedges shall be allowed, unless part of the fencing plan reviewed and approved by the Director of Planning, Building and Code Enforcement as required by Condition No. L.1.

7. All retaining walls are subject to review and approval by the Director of Planning, Building and Code Enforcement, prior to the issuance of grading permits. Unless otherwise provided, retaining walls shall conform to the criteria established in Section 17.50 of the Rancho Palos Verdes Development Code.

I. PARKING

1. Prior to the issuance of any grading permit, the developer shall submit a final parking plan reflecting the parking design for the approved project, including calculations for the number of parking spaces required for the golf course, clubhouse and ancillary uses, and any on-site dining facilities. The parking plan shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. Requests for extensions may be granted by the Director of Planning, Building and Code Enforcement for up to one hundred eighty (180) days.

2. As part of the final parking plan required in Condition I.1., a minimum of one hundred fifty (150) parking spaces shall be constructed in a lot on the west side of the clubhouse, as designated in the parking plan, for golf course, clubhouse and public use. A minimum of forty five (45) parking spaces shall be constructed in a lot on the east side of the clubhouse, as designated in the parking plan, for public use only during daylight hours and clubhouse use after dusk. A minimum of seventy five (75) overflow parking spaces and a minimum of twenty five (25) employee parking spaces shall be constructed in a lot adjacent to the golf course maintenance facility, as designated in the parking plan, for golf course, clubhouse and public use.

3. All parking areas shall be designed to mitigate or eliminate non-aesthetic noise and views which may impact surrounding single family and multi-family residences, subject to the review and approval of the Director of Planning, Building and Code Enforcement, prior to the issuance of the grading permit.

 

 

J. LIGHTING

1. Exterior lighting for the clubhouse, maintenance facility and affordable housing complex shall be limited to the Standards of Section 17.54.030 of the Development Code.

2. Prior to issuance of building permits for any of the structures referenced in Condition No. J.1, a lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval and there shall be no direct off-site illumination from any light source.

3. Parking and security lighting shall be kept to minimum safety standards and shall conform to all applicable City requirements. Fixtures shall be shielded to prevent lighting from illuminating on or towards other properties; there shall be no spill-over onto residential properties. A trial period of six (6) months from issuance of certificate of occupancy for assessment of exterior lighting impacts shall be instituted. At the end of the 6 month period, the City may require additional screening or reduction in intensity of any light which has been determined to be excessively bright.

4. No golf course lighting shall be allowed.

 

K. 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 the clubhouse, golf course and appurtenant structures, parking lot, and all open space areas within the boundaries of the parcel maps and/or tract maps, 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 the project area shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected.

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 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 installation of the permanent landscaping for the golf course and associated structures, the developer shall submit a final landscape and irrigation plan to the Director of Planning, Building and Code Enforcement for review and approval of the clubhouse, golf course and appurtenant structures, parking lot, and all open space areas within the boundaries of the parcel maps and/or tract maps, roadway medians and public trails. The final landscape and irrigation plans shall conform to 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 the project area shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected.

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.

h. Where practical, transitional landscaping on graded slopes shall screen the project's night lighting as seen from surrounding areas.

3. Within 30 days after Final Map approval, or prior to issuance of building permits, whichever occurs first, the developer shall submit to the City a Covenant to Maintain Property to protect views for each golf course lot. All fees associated with recording said covenant 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 parcels (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.

L. FENCING PLANS

1. A complete project fencing plan (including public trails, habitat areas, warning signage, and proposed fence and wall details) shall be approved by the Director of Planning, Building and Code Enforcement and/or the Design Review Committee ("DRC") or similar body if established, prior to issuance of grading permits or recordation of the Final Map, whichever occurs first. It shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. Said fencing plans shall incorporate the following:

a. A 42 inch high pipe rail fence or similar fencing of suitable design shall be placed along the length of the bluff top on the seaward side of the bluff top pedestrian trail, subject to the review and approval of the Director of Planning, Building and Code Enforcement. It shall be the responsibility of the developer to install this fencing and warning signage to coincide with the construction of the bluff top pedestrian and bicycle trail.

b. A protective fence around the California gnatcatcher habitat areas and around all wildlife corridors adjacent to residential development, or as otherwise required by the Director of Planning, Building and Code Enforcement shall be installed. Fencing of all enhancement areas shall also be required, subject to the review and approval of the Director of Planning, Building and Code Enforcement. Said fencing shall satisfy all requirements of the project biologist, incorporate a method to prevent domesticated animals from entering the habitat areas, include appropriate warning signage, and shall be black or dark green in color. Temporary fencing shall be installed around the existing wildlife corridors and habitat areas prior to the issuance of grading permits and the permanent fencing shall be installed prior to the sale of any lot within adjacent workable phases.

c. Protective fencing along all trails and open space areas where there is a potential conflict between golf course uses and public access uses.

M. ARCHAEOLOGY AND PALEONTOLOGY

1. Prior to issuance of grading permits, the project archaeologist shall submit a protocol to the City for monitoring and for the discovery of archaeological resources. A qualified archaeologist shall make frequent inspections during the rough grading operation to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be stopped and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Planning, Building and Code Enforcement immediately. All archaeological finds shall be first offered to the City for preservation. At the completion of grading, the project archaeologist shall submit a report detailing finds, if any.

2. Prior to issuance of grading permits, the project paleontologist shall submit a protocol to the City for monitoring and for the discovery of paleontological resources. A qualified paleontologist shall be present during all rough grading operations. If paleontological resources are found, all work in the affected area shall be stopped and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Planning, Building and Code Enforcement immediately. All paleontological finds shall be first offered to the City for preservation. At the completion of grading, the project paleontologist shall submit a report detailing finds, if any.

N. BIOLOGY

1. Prior to issuance of grading permits, or prior final of any map, whichever occurs first, the developer shall submit a Habitat Conservation Plan (HCP) for review and comment by local wildlife and habitat preservation groups, and subject to approval by the Planning Commission.

2. Prior to issuance of grading permits, the project biological monitor shall submit protocol to the City for the monitoring of biological resources in conformance with the Habitat Conservation Plan and Environmental Impact Report No. 36. A qualified biologist shall be present during all rough grading operations to verify and ensure compliance with mitigation measures contained in Environmental Impact Report No. 36 for preservation of biological resources, and conformance with the conditions and requirements of the Habitat Conservation Plan (HCP) as described in Condition N.1 above.

O. WATER

1. Prior to issuance of grading permits, the developer must submit a labor and materials bond in addition to either:

a. An agreement and faithful performance bond in the amount estimated by the Director of Public Works and guaranteeing the installation of the water system; or

b. An agreement and other evidence satisfactory to the Director of Public Works indicating that the developer has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility a security guaranteeing payment for the installation of the water system.

2. There shall be filed with the Director of Public Works a statement from the purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that, under normal operating conditions, the system will meet the needs of the development.

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

4. The golf course and related facilities shall be served by adequately sized water system facilities which shall include fire hydrants of the size, type, and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the development. Domestic flow requirements shall be determined by the Director of Public Works. Fire flow requirements shall be determined by the Los Angeles County Fire Department, and evidence of approval by the Los Angeles County Fire Department is required prior to issuance of building permits for the clubhouse, maintenance facility or affordable housing complex, whichever occurs first.

5. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to the said structures pursuant to Condition No. 0.4.

P. DRAINAGE

1. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted to cover the costs of construction of drainage improvements in an amount to be determined by the Director of Public Works.

2. Prior to issuance of grading permits, the developer shall submit a hydrology study to the Director of Public Works to determine any adverse impacts to on-site and/or off-site existing flood control facilities generated by this project. Should the Director of Public Works determine that adverse impacts will result, the developer will be required to post a bond, cash deposit, or combination thereof in an amount to be determined by the Director of Public Works, which will cover the cost of all on-site improvements and the project's fair share of the necessary off-site improvements.

3. Drainage plans and necessary support documents to comply with the following requirements must be submitted for approval by the Director of Public Works prior to the issuance of grading permits:

a. Provide drainage facilities to remove any flood hazard to the satisfaction of the Director of Public Works and dedicate and show easements on the Final Map.

b. Eliminate sheet overflow and ponding or elevate the floors of any structures with no openings in the foundation walls to at least twelve inches above the finished pad grade.

c. Provide drainage facilities to protect the property from high velocity scouring action.

d. Provide for contributory drainage from adjoining properties.

e. All on-site surface drainage shall be directed away from the bluff top to minimize erosion and to protect sensitive plant habitat on the bluff face.

4. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an earth tone color, as approved by the Director of Planning, Building and Code Enforcement prior to the issuance of grading permit.

  1. Subject to review and approval of a permit by the Director of Public Works and Director of Planning, Building and Code Enforcement, the Developer shall be permitted to change the drainage system within the eastern portion of the Ocean Trails project site, which includes portions of the Golf Course and Vesting Tentative Tract Map No. 50667, from a tunneled storm drain system to drain instead into La Rotonda canyon.

Within 60 days of this approval, the developer shall revise the "Operations and Maintenance Manual for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf Course" to include methods whereby the canyons on site shall be periodically monitored for erosion and slope failure. The document shall include methods for immediately repairing failed slope areas to prevent enlargement of failed areas. The revised Manual shall be submitted for review and approval by the Director of Public Works and Director of Planning, Building and Code Enforcement within the 60 day period.

The golf course operator shall have the canyons inspected annually during and immediately following the rainy season, in accordance with the standards and schedule which have been established by the Director of Public Works, and at any other time deemed necessary by the Director of Public Works. The golf course operator shall provide the results of the inspections to the Director of Public Works within ten (10) working days following each inspection. The golf course operator shall have any failed or eroded portions of the canyons immediately repaired to the satisfaction of the Director of Public Works.

Prior to issuance of permits to construct such drainage system, the developer shall submit proof to the Director of Planning, Building and Code Enforcement, that the developer has obtained the necessary permits and/or approvals from the following resource agencies: U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California Regional Water Quality Control Board. The developer shall be responsible for implementing any conditions associated with the resource agencies permits and/or approvals of this specific drainage request.

6. Subject to review and approval of a permit by the Director of Public Works and Director of Planning, Building and Code Enforcement, the Developer shall be permitted to change the drainage system within the western portion of the Ocean Trails project site, which includes portions of the Golf Course and Vesting Tentative Tract Map No. 50666, from a tunneled storm drain system to drain instead into Forrestal Canyon.

Within 60 days of this approval, the developer shall revise the "Operations and Maintenance Manual for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf Course" to include methods whereby the canyons on site shall be periodically monitored for erosion and slope failure. The document shall include methods for immediately repairing failed slope areas to prevent enlargement of failed areas. The revised Manual shall be submitted for review and approval by the Director of Public Works and Director of Planning, Building and Code Enforcement within the 60 day period.

The golf course operator shall have the canyons inspected annually during and immediately following the rainy season, in accordance with the standards and schedule which have been established by the Director of Public Works, and at any other time deemed necessary by the Director of Public Works. The golf course operator shall provide the results of the inspections to the Director of Public Works within ten (10) working days following each inspection. The golf course operator shall have any failed or eroded portions of the canyons immediately repaired to the satisfaction of the Director of Public Works.

Prior to issuance of permits to construct such drainage system, the developer shall submit proof to the Director of Planning, Building and Code Enforcement, that the developer has obtained the necessary permits and/or approvals from the following resource agencies: U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California Regional Water Quality Control Board. The developer shall be responsible for implementing any conditions associated with the resource agencies permits and/or approvals of this specific drainage request.

Q. PROJECT COMPLETION BONDS

1. Prior to recordation of any Final Map and/or issuance of grading permit, whichever occurs first, the developer shall post a bond, cash deposit, or other City-approved security to ensure the completion of all golf course, clubhouse and related improvements, including: rough grading, landscaping, irrigation, public trails, habitat restoration, drainage facilities, and other site features as per approved plans.

R. PUBLIC OPEN SPACE DEED RESTRICTION

1. Prior to issuance of grading permits or recordation of any Final Map, whichever occurs first, the landowner shall record a restrictive covenant in favor of the City in a form and on terms acceptable to the City, requiring all land within the golf course, including any permanent structures, for golf course and related recreational uses to be open to the public. Furthermore, the deed restriction shall specify that conversion of any portion of the approved facilities to a private or member-only use or the implementation of any program to allow extended or exclusive use or occupancy of the facilities by an individual or limited group or segment of the public is specifically precluded by this permit and would require an amendment to this permit or a new permit in order to be effective.

S. COMPLETION PER APPROVED PLANS

1. The developer shall designate appropriate workable phases (portions of the development to include adjoining areas of grading, construction of the clubhouse and associated improvements, streets of access, finish grading phases, supporting off-site improvements and on-site drainage and utility improvements) that shall be subject to approval by the Director of Planning, Building and Code Enforcement and the Director of Public Works, prior to the issuance of grading permit.

2. Any workable phase not under construction which has been scarified through grading operations shall be irrigated and landscaped within ninety (90) days of grading. 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 approved 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 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. The developer 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 the clubhouse, golf course, and related facilities are submitted to the City.

T. TRAILS PLAN AND PUBLIC AMENITIES IMPLEMENTATION

1. The developer shall be responsible for implementation and construction of all amenities detailed in the Public Amenities Plan as required per Condition F.3 above, and Condition G.1 of Resolution No. 96-75. Construction of the public amenities shall coincide with the project grading activity and shall be completed upon certification of rough grading.

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

3. Dedication of the public trail and open space lots shall occur at the time the 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 and shall be completed upon certification of rough grading. Dedication of the public trails shall occur at the time any Final Map is recorded.

U. 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, and/or any successors in interest.

RESOLUTION NO. 2004-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 50666 FOR A RESIDENTIAL PLANNED DEVELOPMENT ON A 153.9 ACRE SITE WITH THIRTY-NINE (39) SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE 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 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; 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 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. 98-58 approving Revision "F" to the Ocean Trails project which involved and amendment to Vesting Tentative Tract Map No. 50667 to modify the configuration of Streets "C" and "D" and Lot Nos. 1 through 13 to accommodate the final location of the Foundation Setback Line; and,

WHEREAS, on July 14, 1998, the Planning Commission adopted P.C. Resolution Nos. 98-26 and 98-27, thereby recommending approval of Addendum No. 6 to EIR No. 36 and Revision "G" to Conditional Use Permit No. 163 to the City Council; and,

WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the proposed Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking lot; 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 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, March 11, 2004, and April 15, 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, March 16, 2004, and April 20, 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, Revision "V", is for:

    1. An amendment to Conditional Use Permit No. 162, Conditions Q-2, Q-3 and Q-4, allowing basement areas of one-story structures in Tract No. 50667 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. An amendment to Conditional Use Permit No. 162, Conditions S-2 and S-3 and a Grading Permit to change the height of Lot #2 of Tract No. 50667, 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.
    3. Amendments to clear up specific ambiguities in the existing conditions of approval pertaining to the City's acceptance of open space lots, the status of the Palos Verdes Drive South reconstruction project, the status of providing off-site affordable housing units, and the status of completing the project's Maintenance Building. Specifically, this includes an amendment to Conditional Use Permit No. 162, Condition D-3 and adding new conditions I-2 and I-3; amendments to Conditional Use Permit No. 163, Conditions D-3 and E-2; and amendments to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditions A-10 and I-3.

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, 5) that some of the changes will only clarify the completion dates for certain project amenities, and 6) 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: That the creation of thirty-nine (39) single-family residential lots, golf course with related improvements and public open space, as conditioned, is consistent with the City's General Plan and Coastal Specific Plan.

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 designates 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.

The Coastal Specific Plan land use map shows the following general uses for the project site: (a) Residential (with a maximum density of one dwelling unit per acre) for the vast majority of the property, (b) Hazard areas along the bluffs and in the westerly natural drainage course, (c) a floating Retail Commercial area, and (d) Recreational parking. The text of the Coastal Specific Plan expressly permits visitor-serving uses, such as a golf course, subject to satisfaction of the requirements for granting a conditional use permit under the Development Code.

With 39 residential units on approximately 39.6 acres, the density is slightly below one dwelling unit per acre and, therefore, consistent with the General Plan and Coastal Specific Plan.

Section 4: That the creation of thirty-nine (39) single-family residential lots, common open space, a public golf course, and public open space, as conditioned, is consistent with the City's Development Code for projects within the RS-1 zoning district under a Residential Planned Development. In addition, a minimum of 30 percent of the site will be maintained within the residential development as common open space, exclusive of the golf course. The 39-Lot Revised Site Plan does not contemplate construction of any structures on land currently zoned as Open Space Hazard.

The majority of the subject property is zoned RS-1 (Residential Planned Development) with the bluff face and the southwesterly natural drainage course (commonly known as Forrestal Canyon) being zoned as Open Space Hazard (OH). In compliance with the requirements of the OH zoning district, the applicant will not construct any permanent habitable structures on land that is zoned Open Space Hazard.

The RS-1 (RPD) zone requires a conditional use permit for any type of development (§ 17.06.050) and expressly permits single-family residential development and any other uses permitted under Chapter 17.02, including conditionally-permitted uses under Chapter 17.56, such as golf courses (§ 17.06.030). Accordingly, under Chapter 17.06 and Section 17.56.020 of the Development Code, residential development and a golf course and related facilities are permissible uses, subject to a conditional use permit. The necessary findings with respect to the conditional use permits required in connection with the Residential Planned Development and golf course are contained in Resolutions Nos. 96-75 and 96-76, respectively.

Furthermore, the residential portion of the project provides in excess of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible for viewing and access by the general public from public roads and walkways and preserves views to the coast.

Section 5: That the provision of a continuous bluff road as provided in the Coastal Specific Plan and depicted on Figure 24 of the Coastal Specific Plan is infeasible due to geologic and geotechnical constraints affecting the property and because such a road would require substantial alteration to the natural canyon area on the western portion of the property commonly known as "Forrestal Canyon". The City geologist and geotechnical engineer have each concluded that the land upon which such a road would be built has not demonstrated sufficient stability to warrant the construction of a permanent road in that location. As an alternative, the project features the realignment of Paseo Del Mar as a bluff road cul-de-sac taking access from Palos Verdes Drive South and the vacation of the central portion of Paseo del Mar. There will be no dwelling units located seaward of this bluff road.

The combination of the vacation of the central portion of Paseo del Mar, the realignment of Paseo Del Mar as a bluff road cul-de-sac taking access from Palos Verdes Drive South, and a public access easement over the clubhouse driveway and parking facilities to Forrestal Canyon, as provided in the revised applications and conditions of approval, is consistent with Coastal Specific Plan, Subregion 7, Policy No. 16 which states that "Paseo del Mar shall be improved to provide access to residential development and consideration shall be given to relocating Paseo del Mar southward or exchanging it for another access route closer to the bluff edge."

The intent of Coastal Specific Plan, Subregion 7, Policy 19 is satisfied by the provision of an 8.9 acre Bluff Top Public Access Corridor with a minimum width of one hundred (100) feet located along the bluff top between Half Way Point Park and Shoreline Park. This Bluff Top Public Access Corridor contains a public pedestrian trail along the entire length of the corridor and an off-road bicycle trail through the central portion of the site. The City Council finds that the Bluff Top Public Access Corridor is similar in average width and area to any coastal bluff road which would otherwise be constructed, if geologically feasible, pursuant to Coastal Specific Plan, Subregion 7, Policy 19.

The City Council further finds that there shall be no road seaward of the last row of dwelling units in the residential area located on the far western portion of the property because the adverse impacts of such a road outweigh its potential benefits. A road seaward of the last row of dwelling units in this area should not be connected to the proposed bluff road because such a connection would result in substantial alteration and damage to Forrestal Canyon and the significant biological resources located therein.

Without such a connection, the City Council finds that such a road is unnecessary to provide vehicular access to the coast and the coastal bluff, adequate vehicular access having already been provided by the bluff road cul-de-sac and public access to the clubhouse driveway and parking facilities, as described above.

Section 6: That the golf course and related uses are consistent with Coastal Specific Plan, Subregion 7, Policy 7 which states: "Ensure that any proposed commercial activity responds to the needs of the coastal residents and shall not be of an intensity which would purposefully generate a service area external of the coastal region." The City Council finds that the intent of the above policy is to limit traditional commercial development (such as retail and office uses) so as not to create a service area external to the coastal region and that such policy is not intended to apply to commercial recreational uses, which are encouraged by the General Plan and Coastal Specific Plan. The City Council's interpretation of this policy is consistent with other policies in the Coastal Specific Plan and with Resolution No. 82-24, which adopted Coastal Specific Plan Amendment No. 1 and specifically authorized visitor-serving uses, such as golf, in Subregion 7.

Section 7: That the trails plan as shown in the revised "Site Plan for Conditional Use Permit Amendment Map No. 2" (dated June 19, 1996) submitted by the applicant, including the Class I Pedestrian and Bike Trail segment in the area seaward of the western residential area, is consistent with the Coastal Specific Plan requirements relating to trails. The precise alignment of this particular trail segment varies between its description in the Coastal Specific Plan, its display on Access Corridors map in the Coastal Specific Plan (Figure 24) and its location on the Coastal Specific Plan Land Use Map.

Because of these slightly different configurations, City Council finds that these descriptions and maps in the Coastal Specific Plan are intended to provide a generalized location for this trail segment. The City Council has considered these different alignments and found that the alignment of this segment as shown in the "Site Plan for Conditional Use Permit Amendment Map No. 2" (dated June 19, 1996) provides comparable public access, minimizes incompatibility with the active public recreational uses and, when connected to the bluff road cul-de-sac via a bridge over Forrestal Canyon, provides linkage to the bluff road, bluff top areas and the remainder of the site. The City Council finds that in the absence of a road seaward of the last row of dwelling units in the western residential area (as described in Section 5 hereof), this trail segment should be located as shown in the revised "Site Plan for Conditional Use Permit Amendment Map No. 2" (date June 19, 1996).

Section 8: That the golf course and related uses are consistent with Coastal Specific Plan policy and Section 17.06.040.C.8 of the Development Code, which require the area seaward of corridor improvements to be improved and either dedicated or permanently maintained through deed restriction for public use. Section 17.06.040.C.6 of the Development Code permits the preservation of open space by dedication, deed restriction or other appropriate methods approved by the City. In compliance with these provisions and policies, the East and West Bluff Preserves, Half Way Point Park, Half Way Point Preserve, the Bluff Top Public Access Corridor, the Bluff Top Wildlife Corridor (located between the West Bluff Preserve and Half Way Point Park) and the public paths, trails, parking and recreational areas associated with these public open space areas will be improved by the applicants and offered to the City for dedication. Furthermore, the golf course area will be improved by the applicants and permanently maintained through deed restriction for public use. The City Council specifically finds that the deed restriction on the golf course land constitutes permanently maintained public open space. Neither the Coastal Specific Plan nor Development Code expressly prohibit active public recreational uses, or require only passive public uses, for the area seaward of the conceptual bluff road.

Section 9: For purposes of the Subdivision Map Act, the design of the subdivision, golf course, and the related improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat based on compliance with the City's Development Code, General Plan and Coastal Specific Plan and consideration of information contained in Draft, Supplemental, and Addenda to Environmental Impact Report No. 36.

The City Council acknowledges that there is the difference between the term "significant impact" under CEQA and the term "substantial environmental damage" under the Subdivision Map Act. Draft EIR No. 36, Supplement to EIR No. 36, Second Supplement to EIR No. 36, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 to EIR No. 36 are required to base environmental findings on a "worst case" basis. As a result, the Final EIR and Addendum No. 1 conclude that significant impacts to biological resources remain after mitigation because of the loss of raptor foraging area and because of the temporal loss of Coastal Sage Scrub. Even with the 2:1 replacement of existing viable Coastal Sage Scrub and the other mitigation measures contained in the Final and Addendum No. 1 to EIR No. 36, the temporal loss of Coastal Sage Scrub, which serves as natural habitat for the California gnatcatcher, is considered significant due to the uncertainty that this species will be able to re-occupy the site after replacement of the Coastal Sage Scrub. These environmental findings are primarily the result of grading for the golf course, which itself has already been minimized through its links-type design. These specific findings and a corresponding statement of overriding considerations are contained in Resolution No. 92-115, which is hereby incorporated by reference.

With the mitigation measures adopted by the City pursuant to Resolution No. 92-115, and revised pursuant to Resolution No. 96-72, the project will not result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat under the Subdivision Map Act. However, even assuming that the project did result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, such damage or injury would be caused primarily by grading for the golf course. The elimination of the golf course is not feasible because it would not satisfy an important objective of the project: to provide visitor-serving public recreational uses, which objective is encouraged by policies in the Coastal Specific Plan. For this reason, this alternative or mitigation measure has been rejected by the City Council. Pursuant to Resolution No. 92-115, the City has made a finding of infeasibility with respect to elimination of the golf course.

Section 10: That the subject property is physically suitable to accommodate the revised Vesting Tentative Tract Map No. 50666, as conditioned, in terms of design and density.

Section 11: That the creation of the lots, single family residential dwelling units, golf course, public open space, and related improvements will not be materially detrimental to property values, nor will it jeopardize, endanger, or otherwise constitute a menace to the surrounding areas, since physical improvements, dedications and maintenance agreements are required.

Section 12: The City Council has considered the effect of the revised tract map on the housing needs of the region as set forth in the City's Housing Element, and balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, and finds that the revised tract map helps to achieve those housing needs without unreasonably burdening the public service needs of existing residents and available fiscal and environmental resources.

Section 13: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract.

Section 14: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).

Section 15: That the design of the residential subdivision, golf course, and associated improvements are not likely to cause serious public health problems.

Section 16: That the design of the residential subdivision, golf course, and the type of improvements associated with them, will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Further, public trail easements which are consistent with the policies of the General Plan and the Coastal Specific Plan are required as a condition of this approval.

Section 17: That the design of the revised vesting tentative tract map provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.

Section 18: That the revised vesting tentative tract map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965.

Section 19: That dedications required by local ordinance are shown on the tentative map and/or are set forth in the conditions of approval attached hereto in Exhibit "A".

Section 20: That the City considered the effect of approval of the residential subdivision on the housing needs of the region in which the City is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

Section 21: 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 22: 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 VTTM No. 50666.

Section 23: 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 24: 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" to VTTM No. 50666, amending conditions A-10 and I-3, as shown below (strikethrough for text removed and bold underline for text added) and in the attached Exhibit "A", which is necessary to protect the public health, safety and general welfare. All other conditions of approval that have been imposed on this project shall remain in effect and are incorporated herein.

Condition A-10 shall be revised as follows:

A-10. In conjunction with Vesting Tentative Tract Map 50666, 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. within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". 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).

Condition I-3 shall be revised as follows:

"I-3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map, whichever occurs first and shall include a minimum fourteen (14) foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum ten (10) foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Construction on the improvements noted above shall begin no later than June 1, 2002 and shall be completed by November 1, 2002 prior to issuance of building permits for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancy for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first.

Additionally, the developer shall be responsible for the design and re-construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. Prior to June 1, 2002 or in conjunction with the construction of Phase 2 of Palos Verdes Drive South, whichever occurs first, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re-construction. The re-construction shall be completed by November 1, 2002.

Further, subject to review and approval by the Director of Public Works, the developer shall be responsible for resurfacing of portions of La Rotonda Road. The re-surfacing shall begin by October 1, 2001 and shall be completed by November 1, 2001.

Nothing in this Condition I-3 shall preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South (25th Street) from La Rotonda Drive to the eastern City limits pursuant to Condition I-5 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer (the "Engineer") to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and non-appealable. If the Engineer determines that the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended Condition I-3. The amount of credit shall be equal to the difference between (1) the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road."

PASSED, APPROVED, and ADOPTED this 20th day of April 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 April 20, 2004.

___________________________

Jo Purcell, City Clerk

City of Rancho Palos Verdes

 

RESOLUTION NO. 2004- EXHIBIT "A"

VESTING TENTATIVE TRACT MAP NO. 50666 - REVISION "V"

CONDITIONS OF APPROVAL

A. GENERAL

1. Within thirty (30) days of approval of Revision "V" to the Vesting Tentative Tract Map, 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. The City's fee for processing a Final Map shall be paid within six (6) months of approval of the Vesting Tentative Tract Map by the last responsible public agency.

3. All residential lots shall conform to the applicable minimum development standards as specified in Resolution No. 96-75 for Conditional Use Permit No. 162 and Resolution No. 96-77 for Grading Permit No. 1541.

4. The golf course and all related improvements shall conform to the applicable development standards and conditions as specified in Resolution No. 96-76 for Conditional Use Permit No. 163 and Resolution No. 96-77 for Grading Permit No. 1541, which are hereby incorporated by reference.

5. Pursuant to Development Code Section 17.67.090, this approval shall expire twenty-four (24) months from the date that the Coastal Permit associated with this Vesting Tentative Tract Map is approved by the last responsible agency, unless the Final Map has been recorded. Three extensions of up to one (1) year each, may be granted by the City Council, if requested in writing prior to expiration.

6. The developer shall supply the City with one mylar and one print of the recorded Final Map within thirty (30) days of recordation of Final Map.

7. 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, judgments, 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.

8. In conjunction with Vesting Tentative Tract Map 50667, 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).

9. 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. A.8 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.

10. In conjunction with Vesting Tentative Tract Map 50666, 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 within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". 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).

B. SUBDIVISION MAP ACT

1. Prior to recordation of the Final Map, pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from all affected departments and divisions, including a clearance from the Director of Public Works for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc.

C. COUNTY RECORDER

1. If signatures of record or title interests appear on the Final Map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest holders.

2. The account for the preliminary title report guarantee referenced in Condition C.1, shall remain open until the Final Map is filed with the County Recorder.

D. ARCHAEOLOGY AND PALEONTOLOGY

1. Prior to issuance of grading permits, the project archaeologist shall submit a protocol to the City for monitoring and for the discovery of archaeological resources. A qualified archaeologist shall be present during all rough grading operations to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Planning, Building and Code Enforcement. All archaeological finds shall be first offered to the City for preservation. At the completion of grading, the project archaeologist shall submit a report detailing findings, if any.

2. Prior to issuance of grading permits, the project paleontologist shall submit a protocol to the City for monitoring and for the discovery of paleontological resources, A qualified paleontologist shall be present during all rough grading operations to further evaluate pre-historic resources on the site. If paleontological resources are found, all work in the affected areas shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Environmental Resources. All paleontological finds shall be first offered to the City for preservation. At the completion of grading, the project paleontologist shall submit a report detailing findings, if any.

E. BIOLOGY

1. Prior to issuance of grading permits, or prior the recordation of the Final Map, whichever occurs first, the developer shall submit a Habitat Conservation Plan (HCP) for review and comment by local wildlife and habitat preservation groups, and subject to approval by the Planning Commission.

2. Prior to issuance of grading permits, the project biological monitor shall submit a protocol to the City for the monitoring of biological resources in conformance with the Habitat Conservation Plan and Environmental Impact Report No. 36. A qualified biologist shall be present during all rough grading operations to verify and ensure compliance with mitigation measures contained in Environmental Impact Report No. 36 for preservation of biological resources, and conformance with the conditions and requirements of the Habitat Conservation Plan (HCP) as described in Condition E.1 above.

F. SEWERS

1. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division.

2. If, because of future grading, or for other reasons, it is found that the requirements of the Plumbing Code cannot be met on certain lots, no building permit will be issued for the construction of homes on such lots.

3. Sewer easements are tentatively required, subject to review by the Director of Public Works to determine the final locations and requirements, prior to the recordation of the Final Map.

4. Prior to commencement of construction of the sewer system in each approved phase of the project, the developer shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division.

5. Prior to approval of the Final Map, the developer shall submit to the Director of Planning, Building and Code Enforcement a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and shall state that the County is willing to maintain all connections to said trunk lines.

6. Prior to the recordation of the Final Map or issuance of building permits, whichever occurs first, the developer shall post a bond, cash deposit, or other City approved security to cover costs for construction of a sanitary sewer system, in an amount to be determined by the Director of Public Works .

G. WATER

1. There shall be filed with the Director of Public Works a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be required prior to recordation of the Final Map.

2. Prior to recordation of the Final Map or prior to the commencement of work on the water system serving the site, whichever occurs first, the developer must submit a labor and materials bond in an amount to be determined by the Director of Public Works in addition to either:

a. An agreement and a faithful performance bond in the amount estimated by the Director of Public Works and guaranteeing the installation of the water system; or

b. An agreement and other evidence satisfactory to the Director of Public Works indicating that the subdivider has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system.

3. A statement from the water purveyor shall be filed with the Director of Public Works indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that, under normal operating conditions, the system will meet the needs of the developed tracts. Said statement shall be required prior to recordation of the Final Map.

4. At the time the final subdivision improvement plans are submitted for checking, plans and specifications for the water system facilities shall be submitted to the Director of Public Works for checking and approval and shall comply with the Director of Public Works' standards. Approval for filing of the Final Map is contingent upon approval of the plans and specifications mentioned above.

5. All lots and golf course facilities shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flow requirements shall be determined by the Director of Public Works. Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Los Angeles County Fire Chief is required prior to recordation of the Final Map. The developer shall be responsible for installation of any fire hydrants or other improvements required by the Los Angeles County Fire Department at the time the public streets are constructed.

6. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to the said structures pursuant to Condition G.5.

H. DRAINAGE

1. Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work on the drainage system within each approved phase of the project, whichever occurs first:

a. Provide drainage facilities in accordance with the Storm Water Pollution Prevention Plan to remove any flood hazard to the satisfaction of the Director of Public Works and dedicate and show easements on the Final Map.

b. Eliminate sheet overflow and ponding or elevate the floors of the buildings, with all openings in the foundation walls to be at least twelve inches above the finished pad grade.

c. Provide drainage facilities to protect the residential lots and golf course from high velocity scouring action.

d. Provide for contributory drainage from adjoining properties.

e. Redirect high flow runoff away from the natural drainage courses and retain low flows to maintain adequate soil moisture conditions.

2. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, telephone (310) 435-7741, shall be notified a minimum of two (2) weeks prior to commencement of work within the natural drainage courses crossing the site.

3. The U.S. Army Corps of Engineers shall be contacted prior to alteration of any drainage courses on-site to determine jurisdiction and permit requirements, if any, with respect to Section 404 of the Clean Water Act (as amended 1984).

4. All storm drain facilities shall be designed prior to recordation of the Final Map and constructed where feasible so as to be accepted for maintenance by the Los Angeles County Public Works Department, Flood Control Division, subject to review and approval by the Director of Public Works. All facilities not in accepted by the County shall comply with Condition H.5.

5. The owners of the golf course parcels, and any successors in interest, shall maintain to the City’s reasonable satisfaction all drainage outlet structures that are not accepted for maintenance by the Los Angeles County Public Works Department Flood Control Division, that carry storm water generated by, or passing through, the residential or golf course areas on the site to the ocean. Prior to recordation of either Final Map No. 50666 or No. 50667, subject to review and approval by the City Attorney and the Director of Planning, Building and Code Enforcement, a Declaration of Restrictions to this effect shall be recorded against the golf course parcels of the tract. In addition, a maintenance bond in an amount satisfactory to the City shall be provided to ensure that the drainage improvements shall be maintained to City’s reasonable satisfaction until such time as the 18 hole golf course opens to the public and becomes fully operational and is able to undertake said maintenance.

6. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of earth tone color and shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of grading permits.

7. Prior to the issuance of grading permits, or prior to recordation of a Final Tract Map, whichever occurs first, the developer shall submit an Storm Water Pollution Prevention Plan. The post-construction portion Storm Water Pollution Plan shall be reviewed and approved by the Planning Commission. The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post-construction Best Management Practices (BMPs) to:

a. Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies;

b. Maximize to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground;

c. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas;

d. Minimize, to the maximum extent practicable, parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping;

e. Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil; and

f. Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable.

Further, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. The pre-construction Storm Water Pollution Plan shall be reviewed and approved by the Director of Public Works. These practices should:

a. Include erosion and sediment control practices;

b. Address multiple construction activity related pollutants;

c. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning;

d. Target construction areas and activities with the potential to generate significant pollutant loads;

e. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity;

f. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties;

g. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site; and

h. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at construction sites, unless treated to remove sediments and pollutants.

I. STREETS

1. Prior to recordation of the Final Map or commencement of work on the street system for the site, whichever occurs first, the developer shall post a bond, cash deposit, or other City-approved security to cover costs for the full improvements of all proposed on-site and off-site streets and related improvements, in an amount to be determined by the Director of Public Works. The bonding for said improvements may be posted in conjunction with the phasing plan as per Resolution No. 96-75 for Conditional Use Permit No. 162, Condition B.1.

2. The proposed on-site streets shall be dedicated for public use on the Final Map and designed to the satisfaction of the Director of Public Works. Prior to recordation of the Final Map, the developer shall submit design specifications for the on-site streets to the Director of Public Works for approval, pursuant to the following specifications:

a. Paseo Del Mar (between Palos Verdes Drive South and "B" Street) shall be a minimum of fifty five (55) feet in width, measured from flow line to flow line, including a ten (10) foot wide median. Parkway widths shall be a minimum of eight (8) feet on each side. The total right-of-way width shall be seventy one (71) feet. The Final Map shall reflect these standards.

b. "A" Street (Paseo Del Mar extension) shall be a minimum of thirty six (36) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of three (3) feet on the north side and seven (7) feet on the south side. The total right-of-way width shall be forty six (46) feet. The Final Map shall reflect these standards.

c. "B" Street shall be a minimum of forty (40) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of eight (8) feet on each side. The total right-of-way width shall be fifty six (56) feet. The Final Map shall reflect these standards.

d. "C", "D", and "E" Streets shall be thirty four (34) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of eight (8) feet along the southerly side along Streets "C", "D", and "E", and shall be a minimum of four (4) feet along the northerly side on Streets "C", "D", and "E". The total right-of-way shall be forty six (46) feet. The Final Map shall reflect these standards.

e. A public off-street parking area shall be provided on the southerly side of Palos Verdes Drive South, between Palos Verdes Drive South and "E" Street, west of Paseo del Mar, as part of the West Vista Park. Said parking area shall be at the same grade as Palos Verdes Drive South, shall contain a minimum of six (6) parking spaces, and one (1) parking space shall be reserved for handicapped use. The design of the off-street parking area and any time restrictions shall be submitted for review and approval by the Director of Public Works. Public parking and access to this area shall be prohibited after dusk.

f. On-street public parking shall be provided along "A" Street (Paseo Del Mar extension). Said on-street parking area shall contain a minimum of ninety (90) parking spaces and a minimum of five (5) parking spaces shall be reserved for handicapped use. The design of the on-street parking area shall be submitted for review and approval by the Director of Public Works.

g. All streets shall have a vertical type curb. The developer may request roll type curbs, subject to the review and approval of the Director of Public Works.

h. Handicapped access ramps which conform to all standards and specifications in Title 24 of the Uniform Building Code shall be provided at all sidewalks and at all locations where public trails intersect with streets and/or sidewalks in or adjacent to the subject development.

i. Cul-de-sacs shall be designed to the specifications of the Director of Public Works.

j. Street and traffic signs shall be placed at all intersections and/or corners as specified by the Director of Public Works, shall conform to City Standards, and shall be shown on a signage and striping plan to be attached to the street plans.

k. Sidewalks, where required, shall be concrete, a minimum of four (4) feet wide, and located adjacent to the curb.

l. All proposed streets shall be designed in substantially the same alignment as shown on Vesting Tentative Tract Map No. 50666 Amended Map No. 1, dated as revised on July 31, 1996.

3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map, whichever occurs first and shall include a minimum fourteen (14) foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum ten (10) foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Construction on the improvements noted above shall be completed prior to issuance of building permits for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancy for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first.

Additionally, the developer shall be responsible for the design and re-construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. Prior to June 1, 2002 or in conjunction with the construction of Phase 2 of Palos Verdes Drive South, whichever occurs first, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re-construction. The re-construction shall be completed by November 1, 2002.

Further, subject to review and approval by the Director of Public Works, the developer shall be responsible for resurfacing of portions of La Rotonda Road. The re-surfacing shall begin by October 1, 2001 and shall be completed by November 1, 2001.

Nothing in this Condition I-3 shall preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South (25th Street) from La Rotonda Drive to the eastern City limits pursuant to Condition I-5 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer (the "Engineer") to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and non-appealable. If the Engineer determines that the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended Condition I-3. The amount of credit shall be equal to the difference between (1) the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road.

4. Prior to the issuance of building permits for the first residence within Tract No. 50666 or Tract No. 50667, whichever occurs first, the project shall contribute to the installment of the following street improvements based on a "fair share" of the cost as determined by the Director of Public Works, which will be allotted only to new traffic:

    1. Construction of a second westbound left-turn lane at the intersection of Hawthorne Boulevard and Palos Verdes Drive West.

b. Construction of a second eastbound left-turn lane and a second southbound right-turn lane at the intersection of Western and 25th Street, if approved by the City of Los Angeles. The developer shall be responsible for contacting the appropriate agencies in the City of Los Angeles and shall provide necessary documentation to the City of Rancho Palos Verdes Director of Public Works, including a letter of approval from the City of Los Angeles, for determination of the project’s fair share of the cost for improvements to the above intersection.

5. The developer shall be responsible for repairs to any public streets which may be damaged during development of the tract. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City-approved security, in an amount sufficient to cover the costs to repair any damage to streets and appurtenant structures as a result of this development.

6. The developer shall pay traffic impact fees prior to recordation of the Final Map in an amount determined by the Director of Public Works upon the completion of all on-site public improvements, including, but not limited to, streets, drainage, and utility improvements.

7. Unless already dedicated to the City, the developer shall dedicate to the City vehicular access rights to Palos Verdes Drive South and Paseo Del Mar. A note to this effect shall be placed on the Final Map.

8. Prior to the issuance of building permits for the first residence within Tract No. 50666 or Tract No. 50667, whichever occurs first, the developer shall post a security, bond, or cash deposit acceptable to the City in an amount to be determined by the Director of Public Works to cover the project’s fair share of the cost of signalizing the intersection of Palos Verdes Drive South and Forestall Drive at Paseo Del Mar, and the intersection of Palos Verdes Drive South and La Rotonda Drive.

9. Prior to recordation of the Final Map, access to Lots 12 and 13 over Forrestal Canyon shall be provided by a pole for each lot, with a minimum width of twelve (12) feet and access shall be via a shared private driveway, with a maximum width of twenty-two (22) feet. A note to this effect shall be placed on the Final Map

10. Prior to recordation of the Final Map, or prior to issuance of grading permits, whichever occurs first, the developer shall process an application for vacation of the portions of the street right-of-way along Paseo del Mar which are to be developed for golf course uses, with the exception of the portion of the undeveloped Paseo del Mar right-of-way seaward of the Ocean Terraces Condominiums, which shall be retained for emergency fire access purposes, pursuant to Condition I.11.

11. Prior to the acceptance of the street improvements by the City, the developer shall construct an all-weather emergency fire access road in the undeveloped portion of the Paseo del Mar right-of-way in compliance with the plan reviewed and approved by the Los Angeles County Fire Department. The Director of Planning, Building and Code Enforcement shall work with the Los Angeles County Fire Department to determine the final material used for the all-weather road surface in order to discourage use of this emergency fire access road by unauthorized users (such as bicyclists, golfers and roller skaters).

J. UTILITIES

1. All utilities to and on the lots and golf course shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developer's expense.

K. GEOLOGY

1. Prior to recordation of the Final Map or prior to issuance of grading permits, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the Director of Public Works.

2. Prior to recordation of the Final Map or prior to issuance of grading permits whichever occurs first, a bond, cash deposit, or other City-approved security, shall be posted to cover the costs of grading in an amount to be determined by the Director of Public Works.

 

 

 

L. EASEMENTS

1. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication or other easements until after the Final Map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Map.

2. Prior to the recordation of the Final Map, the developer shall submit design specifications for construction of bike lanes on Palos Verdes Drive South, and pedestrian and bicycle trails within the boundaries of the project site for review and approval by the Director's of Planning, Building and Code Enforcement, Public Works, and Recreation and Parks, as well as the City's Recreation and Parks Committee.

3. All easements are subject to review by the Director of Public Works to determine the final locations and requirements.

4. Palos Verdes Drive South On-Street Bicycle Lanes: As part of the roadway improvements required above by Condition I.3, the developer shall construct to Conceptual Trails Plan standards, a Class II bicycle lane on both the north and south sides of Palos Verdes Drive South, along the entire length of the tract frontage on Palos Verdes Drive South. The bicycle lanes shall connect with the bicycle lane required along the Palos Verdes Drive frontage of Vesting Tentative Tract Map No. 50667. (Cross reference California Coastal Commission, Special Condition 3.A.1)

5. Palos Verdes Drive South Off-Road Bicycle Path: As part of the roadway improvements required above by Condition I.3, the developer shall construct to Conceptual Trails Plan standards, a Class I off-road bicycle path on the south side of Palos Verdes Drive South, along the entire length of the tract frontage. This path shall have a minimum tread width of eight (8) feet and an easy to intermediate level of difficulty. This path shall be separated as much as possible from the roadway by a grade change and/or landscaping. This bicycle path shall connect with the bicycle path required along the Palos Verdes Drive frontage of Vesting Tentative Tract Map No. 50667. (Cross reference California Coastal Commission, Special Condition 3.A.2)

6. Palos Verdes Drive South Pedestrian Trail: As part of the roadway improvements required above by Condition I.3, the developer shall construct to Conceptual Trails Plan standards, a pedestrian trail on the south side of Palos Verdes Drive South, between the roadway and the bicycle path described above in Condition L.5, along the entire length of the tract frontage on Palos Verdes Drive South. This trail shall have a minimum tread width of four (4) feet and an easy to intermediate level of difficulty. This trail shall be separated as much as possible from the roadway by a grade change and/or landscaping. This pedestrian trail shall connect with the pedestrian trail required along the Palos Verdes Drive South frontage of Vesting Tentative Tract Map No. 50667. (Cross reference California Coastal Commission, Special Condition 3.A.3)

7. West End Bicycle Path: The developer shall construct to Conceptual Trails Plan standards an off-road bicycle path with a minimum tread width of eight (8) feet and an easy to intermediate level of difficultly beginning at the northwest corner of the tract at Palos Verdes Drive South, running south through Common Open Space Lot D to the southwest corner of Lot No. 40 and then running east through Lot B, across Forrestal Canyon, to the parking lot east of the clubhouse. The portion of the path between the northwest corner and the southwest corner of Lot No. 40 shall be combined with the pedestrian trail required in Condition L.8. The final alignment of that portion of the bicycle path located adjacent to the Portuguese Bend Club shall be at least 32 feet away from the west side property line and shall be reviewed and approved by the City Council prior to the commencement of grading in this approved phase of the project. A barrier to prevent the use of the path by motorized vehicles shall be erected at its intersection with Palos Verdes Drive South. This path shall cross Forrestal Canyon via a bridge constructed by the developer and dedicated for that purpose. The portion of this path located between the northeast corner of the West Bluff Preserve and the parking lot east of the clubhouse may be combined with the golf cart path. This path shall connect with the bicycle path required in Condition L.15. (Cross reference California Coastal Commission, Special Condition 3.A.4)

8. West End Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a pedestrian trail with a minimum tread width of four (4) feet on the west side of Street "C" between Palos Verdes Drive South and the northwest corner of Lot No. 40. The trail shall then go down the fill slope that supports Street "C" via stairs to join with the bicycle path required in Condition L.7. The pedestrian trail and bicycle path shall have a combined tread of eight (8) feet from the bottom of the stairs at the northwest corner of Lot No. 40 to the southwest corner of Lot No. 40. The portion of the pedestrian trail described above shall have an easy to challenging level of difficulty. From the southwest corner of Lot No. 40, one segment of the pedestrian trail shall continue to the Portuguese Bend Overlook and the other segment shall run east through Lot B, across Forrestal Canyon, to the parking lot east of the clubhouse. That portion of the trail between the parking lot east of the clubhouse and the Portuguese Bend Overlook shall be handicapped accessible with a minimum tread width of five (5) feet. The Director of Public Works may allow a steeper trail on the handicapped accessible portion, if required by natural grade conditions, but may further condition the final design of the trail to maximize public safety. A handicapped accessible, covered rest stop shall be provided at the Portuguese Bend Overlook. The covered rest stop shall not be required to be constructed if the Coastal Commission and/or its staff concurs that the structure may be deleted. This trail shall cross Forrestal Canyon via a bridge constructed by the developer and dedicated for that purpose, as required in Condition L.7. This trail shall connect with the pedestrian trails required in Condition Nos. L.9 and L.15. The final alignment of that portion of the pedestrian trail located adjacent to the Portuguese Bend Club shall be at least 32 feet away from the west side property line and shall be reviewed and approved by the City Council prior to the commencement of grading in this approved phase of the project. (Cross reference California Coastal Commission Special Condition 3.A.5)

9. Forrestal Canyon Fire Access and Pedestrian Trail and Bicycle Path: The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map, a fifteen (15) foot wide fire access easement, with pedestrian and bicycle access, within Common Open Space Lots B and C, extending from the end of Street "E", parallel to the western side of Forrestal Canyon, and terminating at the off-road bicycle path and pedestrian trails required in Condition Nos. L.7 and L.8. Within this easement, the developer shall construct to Los Angeles County Fire Department standards, an all-weather fire access road. A break-away barrier, approved by the Fire Department, to prevent the use of the trail by unauthorized motor vehicles, but which allows pedestrian and bicycle traffic to pass through, shall be installed at the entrance to the access easement at the end of Street "E". In addition, the developer shall dedicate to the City of Rancho Palos Verdes and record on the final map two six (6) foot wide pedestrian trail easements within Common Open Space Lots B and C, which connect the terminus of Streets "D" and "C" to the fire access road described in this condition. Within these two easements, the developer shall construct to Conceptual Trails Plan standards a pedestrian path with a minimum tread width of three (3) feet and an easy to intermediate level of difficulty. This trail shall connect with the pedestrian trail required in Condition No. L.8. (Cross reference California Coastal Commission, Special Condition 3.A.10)

10. Paseo Del Mar Off-Road Bicycle Path: The developer shall construct to Conceptual Trails Plan standards a Class I off-road bicycle path with a minimum tread width of eight (8) feet and an intermediate level of difficulty beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side of Paseo Del Mar and "A" Street (Paseo Del Mar extension) within Golf Course Lot No. 38 to the parking lot on the east side of the clubhouse. This path shall be separated as much as possible from the roadway by a grade change and/or landscaping. This path shall connect with the bicycle paths described in Condition L.5 and L.17. (Cross reference California Coastal Commission, Special Condition 3.A.8)

11. Paseo Del Mar Pedestrian Trail: As part of the roadway improvements required by Condition I.2, the developer shall construct to Conceptual Trails Plan standards, a four (4) foot wide pedestrian trail with an intermediate level of difficultly, beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side on Paseo Del Mar and "A" Street (Paseo Del Mar extension) to the small (45 space) public parking lot east of the clubhouse. This trail shall be separated as much as possible from the roadway by a grade change and/or landscaping. This trail shall connect with the trails described in Condition L.6, L.8 and L.17. (Cross reference California Coastal Commission, Special Condition 3.A.9)

12. West Bluff Preserve Bluff Top Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft-footed pedestrian trail with a minimum tread width of two (2) feet and an easy to intermediate level of difficulty beginning at the terminus of the pedestrian trail required in Condition L.8 (at the Portuguese Overlook), through West Bluff Preserve (Lot E) along the upper bluff top to the eastern boundary of Lot E and connecting with the pedestrian trail required in Condition L.13. (Cross Reference California Coastal Commission, Special Condition 3.A.15)

13. West Bluff Preserve Lateral Access Pedestrian Trail: The developer construct to Conceptual Trails Plan standards a pedestrian trail with a maximum tread width of two (2) feet and an easy to intermediate level of difficulty beginning from the pedestrian trail required in Condition L.8, within Golf Course Lot 38 and, parallel to the eastern boundary of West Bluff Preserve (Lot E), to the bluff top and connecting to the pedestrian trail required in Condition L.12. This trail may be combined with the golf cart path. (Cross reference California Coastal Commission, Special Condition No. 3.A.14)

14. La Rotonda Parking Lot Combined Bicycle Path and Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a combined bicycle path and pedestrian trail with a minimum tread width of eight (8) feet and an easy to intermediate level of difficulty beginning at the west end of the La Rotonda Parking Lot, south through School District property and Golf Course Lot No. 38 to the Bluff Top Activity Corridor. This combined path/trail shall connect with the combined off-road bicycle path and pedestrian trail required in Condition L.17.

15. Halfway Point Park Pedestrian Loop Trail: The developer shall construct to Conceptual Trails Plan standards a combined pedestrian and handicapped accessible trail with a minimum tread width of five (5) feet and an easy level of difficulty beginning at the small (45 space) parking lot east of the clubhouse, then running around the entire boundary of Half Way Point Park (Lot H) to the large (150 space) parking lot on the west side of the clubhouse. The Director of Planning, Building and Code Enforcement may allow a steeper trail in some areas if required by natural grade conditions. This trail shall connect with the pedestrian trails required in Conditions Nos. L.16 and L.17, and the combined pedestrian and handicapped accessible trail required in Condition L.8. (Cross Reference California Coastal Commission, Special Condition 3.A.16)

16. Sewer Easement Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a pedestrian trail with a minimum tread width of four (4) feet and an easy to intermediate level of difficulty beginning at the eastern boundary of Half Way Point Park (Lot H), east along the upper edge of "Slide Scarp C" (north of Golf Hole No. 18) to the bluff edge generally in the center of Golf Course Lot No. 38. The upper portion of the trail (north of Golf Course Hole No. 18) may be used by golf carts and maintenance vehicles, and the tread width may be increased accordingly. This trail shall connect to the pedestrian trails required in Conditions L.15 and L.17. (Cross reference portions of California Coastal Commission, Special Condition 3.A.13)

17. Bluff Top Activity Corridor Combined Bicycle Path and Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards an off-road bicycle path and pedestrian trail with a minimum tread width of eight (8) feet and an easy to intermediate level of difficulty beginning from the eastern boundary of Half Way Point Park (Lot H), running parallel to the bluff top through the Bluff Top Public Access Corridor (Lot K) to the eastern tract boundary at La Rotonda Canyon. This combined path/trail shall connect to the combined off-road bicycle path and pedestrian trails on the west side of La Rotonda Canyon required in Condition No. L.14. (Cross California Coastal Commission, Special Condition 3.A.12)

18. Bluff Top Activity Corridor Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft-footed pedestrian trail with a minimum tread width of two (2) feet and an easy to intermediate level of difficulty beginning from the eastern boundary of Half Way Point Park (Lot H), along the bluff top through the Bluff Top Public Access Corridor (Lot K) to the eastern tract boundary at La Rotonda Canyon. This trail shall connect to the pedestrian and handicapped trail required in Condition No. L.15 and the bluff top pedestrian trail located in Vesting Tentative Tract No. 50667 via a bridge across La Rotonda Canyon, constructed by the developer and dedicated for that purpose. (Cross Reference California Coastal Commission, Special Condition 3.A.11)

19. Halfway Point Park Beach Access Pedestrian Trail: The developer shall construct to Conceptual Trails Plan Standards a soft-footed pedestrian trail with a minimum tread width of four (4) feet and an easy to challenging level of difficulty beginning at the terminus of the trail required in Condition L.15 on the eastern boundary of Half Way Point Park (Lot H) and proceeding down the bluff face through the upper portion of Half Way Point Preserve (Lot F) and through the Bluff Dedication Area (Lot G) and terminating at the shoreline. This trail shall connect with the trail required in Condition L.15. (Cross reference California Coastal Commission, Special Condition 3.A.7)

20. The developer shall be responsible for the construction of all public trails specified in Conditions L.4 through L.19 and shall provide a bond, or other money surety for the construction of such public trails in an amount to be determined by the Director of Public Works. Construction of said trails shall coincide with the rough grading activity within each workable phase and shall be completed upon acceptance of all street improvements by the City. Dedication of the public trails shall occur at the time the Final Map is recorded.

21. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map a lateral public access easement for passive recreational use from the twenty-five (25) foot contour line seaward to the tract boundary.

22. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map, a public vehicular access easement, over the full width of the driveway that provides access to the clubhouse and the large (150 space) parking lot, from the terminus of Paseo Del Mar to the most westerly end of the driveway adjacent to Forrestal Canyon.

23. Where pedestrian trails or bicycle path are located within a common open space lot which is not required to be dedicated to the City of Rancho Palos Verdes or a golf course lot, the developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map an easement for public trail purposes. Bicycle path easements shall have a minimum width of twelve (12) feet and pedestrian trail easements shall have a minimum width of six (6) feet. Where pedestrian trails and bicycle paths are parallel to each other, the required easements may be combined into a single easement as follows: 1) the minimum separation between the adjacent tread widths shall be three (3) feet; 2) the combined easement shall be a minimum of eighteen (18) feet where there is a four (4) foot wide pedestrian tread width and a minimum of nineteen (19) feet where there is a five (5) foot pedestrian tread width (bicycle tread width is eight (8) feet in all cases).

24. Where pedestrian trails and/or bicycle paths are combined with golf cart paths, safety measures in addition to signage shall be explored in order to minimize conflicts between pedestrian/bicyclist and golf carts. Measures that may required by the Director of Public Works may include, but are not limited to the addition of lane striping. If safety problems arise once the pedestrian trails, bicycle paths and golf cart paths are operational, the Planning Commission may impose additional requirements, including requiring that the pedestrian trails and/or bicycle paths not be combined with golf cart paths.

M. SURVEY MONUMENTATION

1. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof, shall be posted to cover costs to establish survey monumentation, in an amount to be determined by the Director of Public Works.

2. Within twenty-four (24) months from the date of recordation of the Final Map, the developer shall set remaining required survey monuments and center line tie points and furnish the center line tie notes to the Director of Public Works.

3. All lot corners shall be referenced with permanent survey markers in accordance with City Municipal Code. The survey markers shall be inspected and accepted by the City prior to the release of the bond referenced in Condition M.1.

N. STREET NAMES AND NUMBERING

1. Any street names and house numbering plans shall be provided to the City by the developer for approval by Director of Public Works prior to the recordation of the Final Map.

O. PARK AND OPEN SPACE DEDICATION AND MAINTENANCE

1. Prior to recordation of the Final Map, the developer shall pay to the City of Rancho Palos Verdes, dedicate land, or a combination thereof to satisfy requirements of the Quimby Act. The land value used to calculate the fee shall be determined through a M.A.I. appraisal prepared and provided to the City within 60 days of City approval of the project.

2. The owners of the golf course parcels, and any successors in interest, shall maintain to the City’s reasonable satisfaction all public parks, trails and open space areas (Lots A, B, C, D, E, G, H, and J). Prior to recordation of either Final Map No. 50666 or No. 50667, subject to review and approval by the City Attorney and the Director of Planning, Building and Code Enforcement, a Declaration of Restrictions to this effect shall be recorded against the golf course parcels of the tract. In addition, a maintenance bond in an amount satisfactory to the City shall be provided to ensure that said items shall be maintained to City’s reasonable satisfaction until such time as the 18 hole golf course opens to the public and becomes fully operational and is able to undertake said maintenance.

3. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map Lots A, E, F, G, H, I and K, as public open space. Lot A (West Vista Park) shall be a minimum of 1.5 acres in size. Lot E (West Bluff Preserve) shall be a minimum of 7 acres in size. Lot F (Halfway Point Preserve) shall be a minimum of 3.3 acres in size. Lot G (Coastal Bluff Dedication) shall be a minimum of 24.4 acres in size. Lot H (Halfway Point Park) shall be a minimum of 5.1 acres in size. Lot I (Bluff Top Wildlife Corridor) shall be a minimum of 1.0 acre in size. Lot K (Bluff Top Public Access Corridor) shall be a minimum of 8.9 acres in size.

4. Prior to recordation of the Final Map, the boundary line between Lot A (West Vista Park) and Lot No. 12 shall be modified such that the boundary line is located at the toe of the slope adjacent to the north and east side of the building pad of Lot No. 12.

P. RELATED APPLICATIONS

1. The approval is conditioned upon compliance with all conditions of approval for Tentative Parcel Map No. 20970, Conditional Use Permit No. 162 and Grading Application No. 1541, which are incorporated herein by reference and are hereby made a part of this approval.

2. This approval is conditioned upon compliance with all mitigation measures contained in Environmental Impact Report No. 36 and the Mitigation Monitoring Program, which are incorporated herein by reference and are hereby made a part of this approval.

Q. COASTAL ZONE RESTRICTION

1. The Final Map shall clearly delineate and label the "Coastal Setback Zone" line as established in the City's Coastal Specific Plan. A note shall be placed on the map stating that no permanent structures (except for structures associated with public amenities or unless as allowed by another project condition of approval) shall be allowed closer than twenty-five (25) feet to the Coastal Setback Zone. This area shall be designated on the final map as a "Building/Grading Restriction" area. All residential lots shown on the Final Map shall provide for a minimum buildable area of 3,000 square feet of contiguous area, exclusive of required setbacks and any portions of the lot located seaward of the Building Grading Restriction Line, or they shall be eliminated from the Final Map.

R. MITIGATION MONITORING PROGRAM

1. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the developer.

RESOLUTION NO. 2004-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 50667 FOR A RESIDENTIAL PLANNED DEVELOPMENT ON A 107.5 ACRE SITE WITH THIRTY-SIX (36) SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE 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 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; 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 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. 98-58 approving Revision "F" to the Ocean Trails project which involved and amendment to Vesting Tentative Tract Map No. 50667 to modify the configuration of Streets "C" and "D" and Lot Nos. 1 through 13 to accommodate the final location of the Foundation Setback Line; and,

WHEREAS, on July 14, 1998, the Planning Commission adopted P.C. Resolution Nos. 98-26 and 98-27, thereby recommending approval of Addendum No. 6 to EIR No. 36 and Revision "G" to Conditional Use Permit No. 163 to the City Council; and,

WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98-76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the proposed Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking lot; 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 October 12, 1999, Final Map No. 50667 was recorded with the County of Los Angeles; 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 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, March 11, 2004, and April 15, 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, March 16, 2004, and April 20, 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, Revision "V", is for:

    1. An amendment to Conditional Use Permit No. 162, Conditions Q-2, Q-3 and Q-4, allowing basement areas of one-story structures in Tract No. 50667 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. An amendment to Conditional Use Permit No. 162, Conditions S-2 and S-3 and a Grading Permit to change the height of Lot #2 of Tract No. 50667, 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.
    3. Amendments to clear up specific ambiguities in the existing conditions of approval pertaining to the City's acceptance of open space lots, the status of the Palos Verdes Drive South reconstruction project, the status of providing off-site affordable housing units, and the status of completing the project's Maintenance Building. Specifically, this includes an amendment to Conditional Use Permit No. 162, Condition D-3 and adding new conditions I-2 and I-3; amendments to Conditional Use Permit No. 163, Conditions D-3 and E-2; and amendments to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditions A-10 and I-3.

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, 5) that some of the changes will only clarify the completion dates for certain project amenities, and 6) 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: That the creation of thirty-six (36) single-family residential lots, golf course with related improvements and public open space, as conditioned, is consistent with the City's General Plan and Coastal Specific Plan.

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 designates 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.

The Coastal Specific Plan land use map shows the following general uses for the project site: (a) Residential (with a maximum density of one dwelling unit per acre) for the vast majority of the property, (b) Hazard areas along the bluffs, the natural drainage course and in certain portions north of Paseo del Mar with extreme slopes (greater than 35% in steepness), (c) a floating Retail Commercial area, and (d) Recreational parking. The text of the Coastal Specific Plan expressly permits visitor-serving uses, such as a golf course, subject to satisfaction of the requirements for granting a conditional use permit under the Development Code.

With 36 residential units on approximately 37.6 acres, the density is slightly below one dwelling unit per acre and, therefore, consistent with the General Plan and Coastal Specific Plan.

Section 4: That the creation of thirty-six (36) single-family residential lots, common open space, a public golf course, and public open space, as conditioned, is consistent with the City's Development Code for projects within the RS-1 zoning district under a Residential Planned Development. In addition, a minimum of 30 percent of the site will be maintained within the residential development as common open space, exclusive of the golf course. The 36-Lot Revised Site Plan does not contemplate construction of any structures on land with slopes in excess of 35%, or on land currently zoned Open Space Hazard.

The majority of the subject property is zoned RS-1 (Residential Planned Development) with the bluff face and the natural drainage course and certain areas north of Paseo del Mar being zoned as Open Space Hazard (OH). In compliance with the requirements of the OH zoning district, the applicant will not construct any permanent habitable structures on land that is zoned Open Space Hazard.

The RS-1 (RPD) zone requires a conditional use permit for any type of development (§ 17.06.050) and expressly permits single-family residential development and any other uses permitted under Chapter 17.02, including conditionally-permitted uses under Chapter 17.56, such as golf courses. (§ 17.06.030). Accordingly, under Chapter 17.06 and Section 17.56.020 of the Development Code, residential development and a golf course and related facilities are permissible uses, subject to a conditional use permit. The necessary findings with respect to the conditional use permits required in connection with the Residential Planned Development and golf course are contained in Resolutions Nos. 96-75 and 96-76 and amendments thereto, respectively.

Furthermore, the residential portion of the project provides in excess of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible for viewing and access by the general public from public roads and walkways and preserves views to the coast.

Section 5: That the combination of the vacation of the central portion of Paseo del Mar and the realignment of Paseo Del Mar as a long bluff road cul-de-sac taking access off of Palos Verdes Drive South as provided in related applications is consistent with Coastal Specific Plan Subregion 7 Policy No. 16, which states that "Paseo del Mar shall be improved to provide access to residential development and consideration shall be given to relocating Paseo del Mar southward or exchanging it for another access route closer to the bluff edge."

The intent of Coastal Specific Plan, Subregion 7, Policy 19 is further satisfied by the provision of an 8.9 acre Bluff Top Public Access Corridor with a minimum width of one hundred (100) feet located along the bluff top between Half Way Point Park and Shoreline Park. The City Council finds that the Bluff Top Public Access Corridor is similar in average width and area to any coastal bluff road which would otherwise be constructed, if geologically feasible, pursuant to Coastal Specific Plan, Subregion 7, Policy 19.

Section 6: That the golf course and related uses are consistent with Coastal Specific Plan, Subregion 7, Policy 7 which states: "Ensure that any proposed commercial activity responds to the needs of the coastal residents and shall not be of an intensity which would purposefully generate a service area external of the coastal region." The City Council finds that the intent of the above policy is to limit traditional commercial development (such as retail and office uses) so as not to create a service area external to the coastal region and that such policy is not intended to apply to commercial recreational uses, which are encouraged by the General Plan and Coastal Specific Plan. The City Council's interpretation of this policy is consistent with other policies in the Coastal Specific Plan and with Resolution No. 82-24, which adopted Coastal Specific Plan Amendment No. 1 and specifically authorized visitor-serving uses, such as golf, in Subregion 7.

Section 7: That the trails plan as shown in the revised "Site Plan for Conditional Use Permit Amendment Map No. 2" (dated June 19, 1996) submitted by the applicants is consistent with the Coastal Specific Plan requirements relating to trails.

Section 8: That the golf course and related uses are consistent with Coastal Specific Plan policy and Section 17.06.040.C.8 of the Development Code, which require the area seaward of corridor improvements to be improved and either dedicated or permanently maintained through deed restriction for public use. Section 17.06.040.C.6 of the Development Code permits the preservation of open space by dedication, deed restriction or other appropriate methods approved by the City. In compliance with these provisions and policies, the East and West Bluff Preserves, Half Way Point Park, Half Way Point Preserve, the Bluff Top Public Access Corridor, the Bluff Top Wildlife Corridor (located between the West Bluff Preserve and Half Way Point Park) and the public paths, trails, parking and recreational areas associated with these public open space areas will be improved by the applicants and offered to the City for dedication. Furthermore, the golf course area will be improved by the applicants and permanently maintained through deed restriction for public use. The City Council specifically finds that the deed restriction on the golf course land constitutes permanently maintained public open space. Neither the Coastal Specific Plan nor Development Code expressly prohibit active public recreational uses, or require only passive public uses, for the area seaward of the conceptual bluff road.

Section 9: For purposes of the Subdivision Map Act, the design of the subdivision, golf course, or the related improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat based on compliance with the City's Development Code, General Plan and Coastal Specific Plan and consideration of information contained in Draft, Supplemental, and Addenda of Environmental Impact Report No. 36.

The City Council acknowledges that there is the difference between the term "significant impact" under CEQA and the term "substantial environmental damage" under the Subdivision Map Act. Draft EIR No. 36, Supplement to EIR No. 36, Second Supplement to EIR No. 36, and Addendum Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 to EIR No. 36 are required to base environmental findings on "worst case" basis. As a result, the Final EIR and Addendum No. 1 EIR conclude that significant impacts to biological resources remain after mitigation because of the loss of raptor foraging area and because of the temporal loss of Coastal Sage Scrub. Even with the 2:1 replacement of existing viable Coastal Sage Scrub and the other mitigation measures contained in the Final EIR and Addendum no. 1 to EIR No. 36, the temporal loss of Coastal Sage Scrub, which serves as natural habitat for the California gnatcatcher, is considered significant due to the uncertainty that this species will be able to re-occupy the site after replacement of the Coastal Sage Scrub. These environmental findings are primarily the result of grading for the golf course, which itself has already been minimized through its links-type design. These specific findings and a corresponding statement of overriding considerations are contained in Resolution No. 92-115, which is hereby incorporated by reference.

With the mitigation measures adopted by the City pursuant to Resolution No. 92-115, and recommended to be revised pursuant to Resolution No. 96-72, the project will not result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat under the Subdivision Map Act. However, even assuming that the project did result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, such damage or injury would be caused primarily by grading for the golf course. The elimination of the golf course is not feasible because it would not satisfy an important objective of the project: to provide visitor-serving public recreational uses, which objective is encouraged by policies in the Coastal Specific Plan. For this reason, this alternative or mitigation measure has been rejected by the City Council. Pursuant to Resolution No. 92-115, the City has made a finding of infeasibility with respect to elimination of the golf course.

Section 10: That the subject property is physically suitable to accommodate the revised Vesting Tentative Tract Map No. 50667, as conditioned, in terms of design and density.

Section 11: That the creation of the lots, single family residential dwelling units, golf course, public open space, and related improvements will not be materially detrimental to property values, nor will it jeopardize, endanger, or otherwise constitute a menace to the surrounding areas, since physical improvements, dedications and maintenance agreements are required.

Section 12: The City Council has considered the effect of the revised tract map on the housing needs of the region as set forth in the City's Housing Element, and balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, and finds that the revised tract map help to achieve those housing needs without unreasonably burdening the public service needs of existing residents and available fiscal and environmental resources.

Section 13: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract.

Section 14: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).

Section 15: That the design of the residential subdivision, golf course and associated improvements are not likely to cause serious public health problems.

Section 16: That the design of the residential subdivision, golf course, and the type of improvements associated with them, will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Further, public trail easements which are consistent with the policies of the General Plan and the Coastal Specific Plan are required as a condition of this approval.

Section 17: That the design of the revised vesting tentative tract map provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.

Section 18: That the revised vesting tentative tract map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965.

Section 19: That dedications required by local ordinance are shown on the tentative map and/or are set forth in the conditions of approval as previously approved.

Section 20: That the City considered the effect of approval of the residential subdivision on the housing needs of the region in which the City is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

Section 21: That as a result of the proposed modifications to the conditions of approval shown below in Section 24 and in the attached Exhibit A, as approved by the City Council through Revision "V", there are changes in circumstances to the project which make the current conditions of VTTM No. 50667 no longer appropriate or necessary. These modifications do not impose any additional burden on the present fee owner of the property, nor do they alter any right, title or interest in the real property reflected on the recorded Map No. 50667.

Section 22: 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 VTTM No. 50667.

Section 23: 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 24: 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" to VTTM No. 50667, amending conditions A-10 and I-3, as shown below (strikethrough for text removed and bold underline for text added) and in the attached Exhibit "A", which is necessary to protect the public health, safety and general welfare. All other conditions of approval that have been imposed on this project shall remain in effect and are incorporated herein.

Condition A-10 shall be revised as follows:

A-10. In conjunction with Vesting Tentative Tract Map 50666, 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. within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". 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).

Condition I-3 shall be revised as follows:

"I-3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map, whichever occurs first and shall include a minimum fourteen (14) foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum ten (10) foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Construction on the improvements noted above shall begin no later than June 1, 2002 and shall be completed by November 1, 2002 prior to issuance of building permits for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancy for any residential structures or prior to the opening of the 18-hole golf course, whichever occurs first.

Additionally, the developer shall be responsible for the design and re-construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. Prior to June 1, 2002 or in conjunction with the construction of Phase 2 of Palos Verdes Drive South, whichever occurs first, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re-construction. The re-construction shall be completed by November 1, 2002.

Further, subject to review and approval by the Director of Public Works, the developer shall be responsible for resurfacing of portions of La Rotonda Road. The re-surfacing shall begin by October 1, 2001 and shall be completed by November 1, 2001.

Nothing in this Condition I-3 shall preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South (25th Street) from La Rotonda Drive to the eastern City limits pursuant to Condition I-5 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer (the "Engineer") to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and non-appealable. If the Engineer determines that the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended Condition I-3. The amount of credit shall be equal to the difference between (1) the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road."

PASSED, APPROVED, and ADOPTED this 20th day of April 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 April 20, 2004.

___________________________

Jo Purcell, City Clerk

City of Rancho Palos Verdes