SEPTEMBER 20, 2005 REVISION "X" TO THE TRUMP NATIONAL GOLF CLUB PROJECT SEPTEMBER 20, 2005 REVISION "X" TO THE TRUMP NATIONAL GOLF CLUB PROJECT SEPTEMBER 20, 2005 REVISION "X" TO THE TRUMP NATIONAL GOLF CLUB PROJECT

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: SEPTEMBER 20, 2005

SUBJECT: REVISION "X" TO THE TRUMP NATIONAL GOLF CLUB PROJECT

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

That the City Council 1) Adopt Resolution No. 2005-__, approving Addendum No. 18 to Environmental Impact Report No. 36 for Revision "X"; and 2) adopt Resolution No. 2005-__, approving Revision "X", amending CUP No. 162 (Case No. ZON2005-00248-254).

EXECUTIVE SUMMARY

Trump National Golf Club has begun preparation of plans for their next phase of residential homes in Tract No. 50667. The applicant has requested various changes to the development standards for residential lots established through CUP No. 162 to accommodate the various residential designs proposed. Based on a review of the various proposals, Staff is recommending that the City Council approve certain requests and deny others as summarized below:

BACKGROUND

In June 1992, the City Council approved the Trump National Golf Club project (formally known as Ocean Trails), which, at that time, included an 18-hole golf course, clubhouse, public open space and 83 single-family residential lots.

Since June 1992, the project has been revised several times. Today, the approved project includes an 18-hole golf course, clubhouse, public open space and 59 single-family residential lots. The 59 single-family residential lots are within two different tracts; 23 lots within Tract No. 50666 and 36 lots within Tract No. 50667. Tract No. 50666 is still a Vesting Tentative Tract Map, while Tract No. 50667 has been finaled. Grading for Tract No. 50667 has been completed. Subsequently, residential lots within Tract No. 50667 can be sold and developed. The Developer is currently building homes on Lot Nos. 1, 2, 3, 4, and 5 of Tract No. 50667. These lots are located along the first cul-de-sac street nearest the intersection of La Rotonda Drive and Palos Verdes Drive South.

One of the permits originally approved for the project was Conditional Use Permit No. 162 (CUP No. 162), which was devoted specifically to the Residential Planned Development (RPD) portion of the project (i.e. the original 83 residential lots). As stated in Chapter 17.42 of the City's Development Code, the purpose of the RPD "is to provide greater flexibility in the design of residential developments by encouraging: A) A more creative and imaginative approach to the design of residential developments; B) A variety of housing types and environments; C) A more efficient and harmonious use of the land and natural resources; D) The retention of greater amounts of open space and amenities for recreational and visual enjoyment; E) The preservation and enhancement of valuable natural areas; and F) Compatibility with surrounding areas". In essence, an RPD allows for greater flexibility in the design of a project by allowing alternative development standards to be used for the project, while compensating for this allowance by requiring increased amounts of open space and public amenities associated with the project.

Through its conditions of approval, CUP No. 162 established the development standards for all of the residential lots within both Tracts. It is these conditions that the Developer used to design the proposed residential structures on Lots 1 through 5.

At the April 20, 2004 City Council meeting, the City Council approved Revision "V" to the Trump National Golf Club project. Related to the development standards of CUP No. 162, Revision "V" permitted the following two changes:

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

Existing Condition No. Q-2 read 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:

    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."

The City Council eliminated the existing Condition Q-2 (above) and in its place added new Condition Q-2 (below) that applies to Tract No. 50667 only. The Council also added new condition Q-3 that applies to Tract No. 50666 only.

As approved, Conditions Q-2 and Q-3 now 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."

"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."

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

At the April 20, 2004 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. Conditions S-2 and S-3 were 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."

The Applicant is moving forward with the development of the next phase of homes on Lot Nos. 24, 25, 26, 27, 28 and 29. As discussed in the Project Description section below, similar to the Council's approval of Revision "V", the developer is now requesting approval of modifications to the development standards found in CUP No. 162. The application was submitted on May 18, 2005 and deemed complete for processing on August 17, 2005.

PROJECT DESCRIPTION and DISCUSSION

The Applicant has requested a revision to CUP No. 162 for adjustments to four conditions of approval to accommodate future homes on Lot Nos. 24, 25, 26, 27, 28, and 29. Below, Staff has identified the necessary findings (bold text) that the City Council must adopt to approve the CUP amendment.

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

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

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

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

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

A description of the proposed revisions and Staff's analysis are as follows:

A. Change in the Maximum Habitable Area for Lot Nos. 26, 27, 28 and 29.

A request that CUP No. 162, Condition Q-2 be modified so that future residences located on Lot Nos. 26, 27, 28 and 29 of Tract No. 50667, which are 2-story lots, have a Maximum Habitable Space no greater than 30% of the total lot area for portions of the proposed structure constructed above grade. Habitable Space within any Basement would not be counted towards the Maximum Habitable Space of 30%. However, Habitable Space in the Basement plus Habitable Space in the first and second floors would be counted together to ensure that the total Habitable Space of all levels would not exceed 6,000 square feet for lots less than 20,000 square feet in size, 7,500 square feet for lots between 20,000 square feet and 24,999 square feet, and 10,000 square feet for lots 25,000 square feet or greater.

This request is similar to the request and approval granted by the Council under Revision "V". Except that this request applies to two-story lots 26-29 as opposed to only one-story lots as previously requested. For Revision "X", the applicant is requesting that the specific changes to the table found under Conditions Q-2 would be as follows (bold underline for text added and strikethrough for text removed):

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)

26

21,875

6,562

0 938

6,562 7,500

27

23,777

7,133

0 367

7,133 7,500

28

21,149

6,345

0 1,155

6,345 7,500

29

19,010

5,703

0 297

5,703 6,000

Since basements are completely subterranean (except for light/access wells per the Building Code and the proposed walk-out patio areas for each of the subject lots), 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 was originally permitted. For example, as currently permitted, the Maximum Habitable Space for a 15,000 square foot lot is 4,500 square feet (15,000 x .30 = 4,500). A 15,000 square foot lot, considering setbacks, could accommodate a structure with 4,500 square feet of Maximum Habitable Space on grade. The revised condition would permit an additional 1,500 square feet of Habitable Space in a basement level only for a total Maximum Habitable Space of 6,000 square feet, and because the basement area is not seen it would not affect the appearance of the structure any more than what is currently permitted.

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

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

This request is consistent with the Council's prior approval of Revision "V", except that Revision "V" covered only one-story structures. Based upon the discussion above, and the Council prior actions, Staff believes that the findings can be made for this request and therefore Staff recommends that the Council revise Condition Q-2 as shown above.

B. Change in the Maximum Building Height for Lot Nos. 24, 25, 26, 27, 28 and 29.

A request that CUP No. 162, Conditions S-2 and S-3 be modified to permit Lot Nos. 24 and 25 to have a building height of 26' as measured from the point of entry of a proposed subterranean garage level and exterior patio basement level, while the remainder of the one-story residence maintains the existing required building height of 16'. Additionally, a request that these conditions be modified to permit Lot Nos. 26, 27, 28, and 29 to have a building height of 36' as measured from the exterior patio basement level.

The specific request for Lot Nos. 24 and 25 is similar to that approved (Revision "V") by the City Council for Lot No. 2 on April 20, 2004. However, there are some differences. Specifically, the Council's approval to allow Lot No. 2 to change the building height to have a subterranean garage included a descending driveway and retaining walls within the side yard of Lot No. 2, which are not readily visible from any public right of way. Whereas, the proposed changes to Lot Nos. 24 and 25 will be visible from public right of ways. Specifically, Lot No. 24 will include a series of terraced retaining walls along a descending driveway, some of which will be 10' and 11' tall, and a 21' high retaining wall at the south end of the driveway that will be visible from Palos Verdes Drive South. Additionally, some of the retaining walls, the full two-story appearance of residence above garage, the partially subterranean driveway and the basement patio areas will be visible from La Rotonda Drive.

In regards to Lot No. 25, the applicant is proposing to take direct driveway access off of Emerald View Drive and into a partially subterranean garage, as opposed to the private driveway easement that was initially approved as part of this project. The driveway into the partially subterranean garage will have sloping retaining walls on each side ranging in height from 6" near Emerald View Drive to 11'-6" adjacent to the residence. The two-story element of the partially subterranean garage and residence above will be visible from the public right of way of Emerald View Drive.

The Applicant's request to change the building height to account for walk-out basement patio areas on all lots was not reviewed as part of Revision "V" as that revision did not include any requests for walk-out basement patio areas.

As such, for Revision "X", the applicant is requesting the following changes to Conditions S-2 and S-3 (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 and 3 are designated Lot Type B. Lot Nos. 14 through 17 and 26 30 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. Lot Nos. 24 and 25 are designated Lot Type G. Lot Nos. 26 through 29 are designated as Lot Type H.

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.

Lot Type G: 16 feet from pad of the one-story structure, and 26' from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16' from the pad of the one-story structure.

Lot Type F: 26 feet from pad of the two-story structure, and 36 feet from the exterior basement patio areas, provided that the ridge height does not exceed 26' from the pad of the two-story structure.

As shown in the attached plan, there are two areas that a change to the maximum building height is being requested: 1) a subterranean driveway and exterior basement patio areas for Lot Nos. 24 and 25, and 2) exterior basement patio areas for Lot Nos. 26, 27, 28 and 29.

As noted, through Revision "V", the Council had approved an increase in height to accommodate access to a subterranean garage along the side property line of Lot #2. The Council approved this change because it would not cause any increase in the ridge height of what was previously approved thereby not affecting any views, and that the proposed change would not be readily visible from the neighboring property nor the street of access. The developer is currently constructing the residence on Lot #2. When visiting the site, one can see that there will be no significant view or visual impacts.

However, in considering the proposed subterranean garage and related driveways for Lot Nos. 24 and 25, although the ridge height will not change with this proposal, the driveway and related retaining walls for Lot No. 24 will be visible from the Palos Verdes Drive South and La Rotonda public right of ways. Additionally, the driveway and related retaining walls for Lot No. 25 will be visible from the Emerald View Drive public right of way. Staff feels that this will create a two-story appearance on both lots that will be viewed from public areas and that this change is substantially different than what was originally approved. The existing development standards can accommodate a one-story structure on the subject properties without the need for a two-story structure that may not be as well integrated with adjacent lands (right of way) than a one-story structure and may cause significant visual impacts. As such, Staff feels that for this request, findings #1 and #3 cannot be made.

With the exception of the basement patio area on Lot No. 24, which will be visible from La Rotonda Drive, all other proposed basement patio areas are constructed in side yards that will not be readily visible from any public area or adjacent private properties except through upper floor windows. Further, there are no proposed changes to the ridge heights of any structure. As such, Staff feels that the change in building height for exterior basement patio areas for Lot Nos. 25, 26, 27, 28 and 29 may be approved. Further, Staff feels that an exterior basement patio area for Lot No. 24 may be approved provided it is located within the western side yard of the proposed residence.

As such, Staff recommends that the Council approve the change in building height for Lot Nos. 24, 25, 26, 27, 28 and 29 to accommodate outside basement patio areas within side yard areas only per the following revised Conditions S-2 and S-3 (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 and 3 are designated Lot Type B. Lot Nos. 14 through 17 and 26 30 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. Lot Nos. 24 and 25 are designated Lot Type G. Lot Nos. 26 through 29 are designated as Lot Type H.

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.

Lot Type G: 16 feet from pad of the one-story structure, and 26' from the exterior grade of the exterior basement patio area, provided that the patio area for Lot 24 shall be located in the westerly side yard, while the patio area for Lot 25 shall be located in the easterly side yard, and provided that the ridge height does not exceed 16' from the pad of the one-story structure.

Lot Type F: 26 feet from pad of the two-story structure, and 36 feet from the exterior grade of the basement patio area, provided that the patio area is located in the side yard and that the ridge height does not exceed 26' from the pad of the two-story structure.

C. Change to allow Grading over existing 2:1 slopes for Lot Nos. 24, 25 and 29.

A request that CUP No. 162, Condition M-2 be modified to permit Lot Nos. 24, 25 and 29 of Tract No. 50667 to construct grading improvements on existing 2:1 slopes, whereas the current conditions do not permit construction and/or grading on 3:1 or greater slopes.

As discussed in "B" above, on Lot Nos. 24 and 25, the applicant is requesting to cut into existing 2:1 slopes to accommodate a driveway, subterranean garage and necessary retaining walls to support such improvements.

Additionally, due to the limited buildable area caused by a 10' wide sewer easement and a 10' wide storm drain easement on Lot No. 29, the applicant is requesting to construct, patio areas and retaining walls over an existing 2:1 slope found in the rear yard area of Lot No. 29. As shown on the attached Site plan for Lot No. 29, the construction of the pool and patio deck area would necessitate an approximate 8' high retaining wall with 42" high guardrail on top.

Grading Permit No. 1541, approved for the overall grading of the Trump National Golf Club, includes Condition No. B-8, which states, "All natural and created slopes greater than 3:1 shall be designated as Restricted Use Areas with a note on the Final Map". As stated in the Background section above, the map for this tract has been finaled, and it includes a note indicating no construction over slopes 3:1 or steeper. If the applicant's request is approved by the City Council, then the applicant will also need to make a revision to the Final Map to acknowledge that the provision on such map does not apply to Lot Nos. 24, 25 and 29. According to the Municipal Code, the process for amending the Final Map requires approval by the Planning Commission. The Planning Commission's decision can be appealed to the City Council.

As such, for Revision "X", the applicant is requesting the following changes to Condition M-2 (bold underline for text added and strikethrough for text removed):

M-2. No construction and/or grading on individual lots, shall be permitted on 3:1 or greater slopes, with the exception of 1) driveway improvements to a partially subterranean garage on Lot Nos. 24 and 25, 2) basement patio areas on Lot Nos. 24 and 25, and 3) a pool/spa/patio on Lot 29, as depicted on plans prepared by Envirotechno, dated May 4, 2005, which were reviewed by the City Council at their meeting on September 6, 2005. Prior to issuance of any building/grading permits for construction of the specific items noted in the preceding sentence, the property owner(s) shall obtain City approval and recordation of an amendment to Final Map No. 50667, adjusting said map notes to permit such specific construction over 3:1 or steeper slopes.

Because the proposed driveways/retaining walls for Lot Nos. 24 and 25 will be visible from public areas, thereby creating a two-story appearance, where only a one-story appearance was anticipated, Staff does not feel that this request can be approved as it deviates from findings #1 and #3.

Additionally, while much of Lot No. 29 is constrained by existing Sewer and Storm Drain easements, thereby limiting the amount of buildable area available for the proposed residence and outdoor recreational improvements (swimming pool), Staff feels that because the proposed pool and related retaining walls over the existing extreme slope would significantly deviate from what other lots in the neighborhood are permitted, and because it would be seen from La Rotonda Drive, the proposed improvements would not be integrated with the surrounding neighborhood and as such finding #1 cannot be made. Additionally, because the retaining wall and deck associated with the swimming pool will be visible from La Rotonda Drive, and would be the only retaining wall built over an extreme slope within the project, Staff feels that it would be a significant adverse impact and therefore finding #3 cannot be made. It is also important to note that the City's Municipal Code does not permit the construction of a swimming pool over extreme slopes. As such, Staff does not support this request.

D. Change to the existing Condition to allow modifications to the requirement pertaining to the treatment of front and rear façades.

Existing Condition R-1 of CUP No. 162 states:

R-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.

As currently written, this condition requires that 1) the second story portion of all two story structures be 20% smaller than the footprint of the structure, and 2) that the front and rear façade of the second story be setback a minimum of 6'-0" from the façade of the first story. The purpose of the condition is to create articulation with two story structures, ensuring that the owner does not construct full two-story flat facades that would appear boxy and massive as viewed from public right of ways.

The applicant has indicated to Staff, that he would like to revise this condition to provide for more opportunity in design than what the current condition allows. The applicant has noted that other tracts have similar conditions placed on the façade treatment, but allow for some portions of the façade not to be stepped back. For example, two developments, Seabreeze (located off of Crest Road) and Oceanfront Estates (located at Hawthorne and Palos Verdes Drive West), both of which were approved at relatively the same time as the Trump National project, allow up to 30% of the second story façade to be constructed directly over the first story façade. The conditions for both of these tracts are as follows:

Oceanfront Estates Condition R-1 (Reso 92-27 adopted 3/17/92)

R-1: On those pad lots with a maximum building height of 26 feet per Condition S1, and on all split level pad lots, no unbroken, vertical two story facades shall be allowed in order to avoid solid, unarticulated two story facades. The upper level of these structures shall be a minimum of twenty (20) percent smaller than the footprint of the structure, including the garage. On the rear and front facades of those pad lots with a maximum building height of 26 feet, and on the rear façade of all split level lots, a minimum of seventy (70) percent of the upper level elevation shall be setback from the lower level. In no case shall the upper level setback be less than six (6) feet, as measured from the building face of the lower elevation. This setback area shall be used only as a roof area or an uncovered deck or balcony.

Seabreeze Tract Condition R-1 (Reso 98-35) (originally approved 10/15/91)

R-1: No unbroken, vertical two story facades shall be allowed on the front and rear elevations of the residences in order to avoid solid, two story facades on any structure. The upper level shall be a minimum of twenty (20) percent smaller than the footprint of the structure. A minimum 30% of the second story width shall be setback a minimum of 6' from the first story façade. The 6' setback shall be composed of a sloping roof. A maximum 70% of the second story width shall be permitted to be constructed entirely above the first story façade as long as there is a minimum 6' wide balcony attached to this portion of the second story façade.

As such, for Revision "X", the applicant is requesting the following changes to Condition R-1 (bold underline for text added and strikethrough for text removed):

R-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 of all two story residences 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.

On the rear and front facades of two story residences, and on the rear façade of all split level lots, a maximum 30% of the second story width shall be permitted to be constructed directly above the first story below. A minimum 70% of the second story width shall be broken up by using either of the following two methods:

    1. A minimum 6' wide second story setback from the first story façade. The setback area would be used as an uncovered deck or roof.
    2. A minimum 6' wide uncovered balcony attached to and extending from the second story façade.

As noted above, the applicant has requested that the condition pertaining to the treatment of front and rear facades be similar to other tracts found within the City so as to provide for better design opportunities. Staff supports this request as it permits for alternative design solutions while still ensuring that the two-story façade is broken up sufficiently. Staff feels that all of the findings can be made for this specific request and therefore recommends that the Council revise Condition R-1 as shown above.

ADDITIONAL INFORMATION

As the Council may recall, while reviewing the Driving Range proposal (Revision "W"), there was some discussion regarding a 5' to 6' high wall that Trump National is required to build along the western property line that it shares with seven residential properties located within the Portuguese Bend Club.

This wall shall be constructed prior to the sale of any lot within Tract No. 50666. As noted, Tract No. 50666, which includes 13 residential lots just north of the Clubhouse and 10 residential lots just north of the Driving Range is still a Tentative Map and is not expected to be finaled for some time yet. The sale of lots within Tract No. 50666 cannot occur until the map has been finaled and recorded.

The location of the existing property line creates some difficulties in constructing the required wall (see attached diagram). For one of the residential properties (furthest one to the north, adjacent to Palos Verdes Drive South), the existing property line is located just under the eave line of the existing home. For the next property to the south, the existing property line runs its length in the middle of an existing slope. For obvious reasons, constructing a wall at these locations is not feasible. Over the past years, Staff has been trying to coordinate a solution to this problem with the previous and current owner of the golf course along with the affected property owners. Staff, Trump National Golf Club, and the two affected property owners all agree that a Lot Line Adjustment is needed to move the existing property line towards the east (onto existing Trump National property) so as to accommodate the new wall in a location where it can be constructed.

As required in the project's conditions of approval, the lot where the new property line may be moved to is to be a future open space lot dedicated to the City from Trump National. Up to the time that revision "W" (Driving Range proposal) was approved, this open space lot was conditioned to be 1.0 acre. When Revision "W" was approved, the condition was changed to require this lot to be 1.4 acres. The additional .4 acres was simply extra land area.

In order to allow for a future lot line adjustment so as to construct the future wall in a feasible location, Trump National has requested that this lot be reduced back to the required 1.0 acre originally approved with the project. If approved, then City Staff and Trump National Staff will continue working with the affected property owners to adjust the property line. This request is before you tonight because Trump National has a pending application for the Driving Range before the California Coastal Commission (to be heard at their October meeting). If the change in condition can be made and a lot line adjustment approved by Staff, this item can also be placed on the Coastal Commission's agenda, saving the residents the cost of paying for a project amendment before the Coastal Commission in the future.

It should be noted that the amount of open space lot area in the vicinity of the Driving Range, prior to the approval of the Driving Range totaled 10.3 acres. Revision "W" increased this amount to 11.3 acres. With this change, the open space lot area would be 10.9 acres (11.3 - 0.4 = 10.9), which is still 0.6 acres more than what was originally approved for the project.

Staff supports this change and recommends that the Council revise CUP No. 162, Condition K-1 to read as follows (bold underline for text added and strikethrough for text removed):

K-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 5.8 acres in size; Lot D (Portuguese Bend Fire Break) at 1.4 1.0 acres in size; Lot C (Forrestal Canyon Fire Break) at 1.7 acres in size; and, Lot J (Palos Verdes Drive South Frontage) at 2.4 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.

ENVIRONMENTAL ANALYSIS

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

Not uncommon with a development project of this size, since the project was originally approved in 1992, the City has reviewed and approved various amendments. Most of these amendments were minor enough to require only Addenda to EIR No. 36 in lieu of preparing a complete Supplement, such as what was required for the proposed landslide repair and the driving range proposal. The proposed amendments described within this report are also considered relatively minor amendments, because, as discussed within this report, they will not cause any additional impacts to the site and surrounding area than what was previously evaluated within the adopted EIR, nor will there be any changes to the previously adopted mitigation measures. Subsequently, for the Council's consideration, Staff has prepared the attached Resolution for Addendum No. 18 to EIR No. 36 for the proposed amendment to CUP No. 162.

ALTERNATIVE

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

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. 2005-__, adopting Addendum No. 18 for Revision "X"

Resolution No. 2005-__, amending CUP No. 162

Diagram of Western Boundary Property Line Shared with Port. Bend Club (8.5" x 11")

Residential Project Plans (11" x 17")

RESOLUTION NO. 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ADDENDUM NO. 18 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 162, WHICH IS REVISION "X" TO THE TRUMP NATIONAL GOLF CLUB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS, on April 20, 2004, the City Council of the City of Rancho Palos Verdes approved Revision "V" to the Ocean Trails Project, thereby allowing 1) basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; 2) permitting a change in the height of Lot #2 to allow for a subterranean garage; and 3) permitted construction of retaining walls and access to the proposed subterranean garage; and,

WHEREAS, on June 7, 2005, the City Council of the City of Rancho Palos Verdes adopted a Mitigated Negative Declaration and approved Revision "W" to the Trump National Golf Club (formally known as Ocean Trails) Project, thereby allowing a driving range to be constructed in place of 16 residential lots within VTTM50666; and,

WHEREAS, on May 18, 2005, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "X" to the Trump National Golf Club project to revise CUP No. 162 so as to 1) allow a change in the maximum habitable area for lots 26-29 in Tract 50667; 2) allow a change in the maximum building height for lots 24-29 in Tract 50667, which includes allowing lots 24 and 25 to have partially subterranean garages; 3) allow lots 24, 25 and 29 in Tract 50667 to grade and construct improvements over existing 2:1 slopes; 4) allow up to 30% of the front and rear facades of all two-story and split level structures to have a full two story façade without being broken by an architectural feature; and 5) to decrease the lot area of Lot D, within VTTM50666 from 1.4 acres to 1.0 acres; and,

WHEREAS, 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 September 6, 2005, copies of the draft Addendum No. 18 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "X" to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 18 to EIR No. 36; and,

WHEREAS, on September 20, 2005, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 18 to Environmental Impact Report No. 36 and the proposed Revision "X" 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: Revision "X", is a request to: 1) allow a change in the maximum habitable area for lots 26-29 in Tract 50667; 2) allow a change in the maximum building height for lots 24-29 in Tract 50667, which includes allowing lots 24 and 25 to have partially subterranean garages; 3) allow lots 24, 25 and 29 in Tract 50667 to grade and construct improvements over existing 2:1 slopes; 4) allow up to 30% of the front and rear facades of all two-story and split level structures to have a full two story façade without being broken by an architectural feature; and 5) to decrease the lot area of Lot D, within VTTM50666 from 1.4 acres to 1.0 acres

Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 18 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 approved changes 1) will not be readily visible from surrounding properties or the public right of way, 2) the proposed improvements will occur in areas that will not cause any significant view impairments, 3) there will be no parking or traffic related impacts as a result of the proposed changes, 4) there will be no impacts to geology as a result of the proposed changes, and 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 approved 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 approved changes will have one or more significant effects not discussed previously in the EIR; that significant effects previously examined will not be substantially more severe than shown in the EIR; that no mitigation measures or alternatives, previously found not to be feasible, would now in fact be feasible and would substantially reduce one or more significant effects of the project; or that no mitigation measures or alternatives which were not previously considered in the EIR, would now substantially lessen one or more significant effects of the environment, because this approved project is only to permit modifications that would 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. 18 to EIR No. 36, the City Council has reviewed and considered the Addendum No. 18 document, attached hereto and made a part thereof as Exhibit "A".

Section 3: The Addendum No. 18 to EIR No. 36 identifies no new potential significant adverse environmental impacts to the areas listed below, beyond those already identified in the Final EIR No. 36, the Supplement, Second Supplement, and Addenda Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 to EIR No. 36, as a result of the proposed revisions to the Trump National Golf Club project:

1. Landform, Geology, and Soils

2. Hydrology and Drainage

3. Biological Resources

4. Cultural and Scientific Resources

5. Aesthetics

6. Land Use and Relevant Planning

7. Circulation and Traffic

8. Air Resources

9. Noise

10. Public Services and Utilities

11. Population, Employment and Housing

12. Fiscal Impacts

Section 4: That implementation of the approved changes to the project would not require additional mitigation measures or significant deletions/modifications to the mitigation measures included in the Final EIR, as well as the Supplemental, Second Supplemental, and Addends Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 to EIR No. 36.

Section 5: While the implementation of mitigation measures as discussed in Final EIR No. 36 and the Supplemental, and the Second Supplemental, and Addenda EIR Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 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. 18 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 September 2005.

_________________

Mayor

Attest:

__________________

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) ss

CITY OF RANCHO PALOS VERDES )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 20, 2005.

_________________________________

City Clerk

Resolution No. 2005- - Exhibit "A"

ADDENDUM NO. 18

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 "X", which includes: 1) an amendment to Conditional Use Permit No. 162, Conditions Q-2, regarding "Maximum Habitable Space"; 2) an amendment to Conditional Use Permit No. 162, Conditions S-2 and S-3 for exterior basement patio areas on lots 24-29 of Tract No. 50667; 3) an amendment to Conditional Use Permit No. 162, Condition R-1 to permit 30% of the second story width to be constructed directly above the first story; and 4) an amendment to Conditional Use Permit No. 162, Condition K-1 changing the open space lot are for Lot "D" of VTTM No. 50666 from 1.4 acres to 1.0 acre; and finds as follows:

That the approved request would not result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36, because it merely provides for allowing basement areas of certain 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. Further, no significant impacts will result from the approved changes. More specifically, the approved changes 1) will not be readily visible from surrounding properties or the public right of way, 2) 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 approved changes, 4) there will be no impacts to geology as a result of the approved changes, and 5) there have been no substantial changes to the Project or to the environment that would cause the Project to significantly impact the environment, nor does the approved amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible.

RESOLUTION NO. 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO CONDITIONAL USE PERMIT NO. 162 (CASE NO. SUB2005-00248) FOR A RESIDENTIAL PLANNED DEVELOPMENT IN CONNECTION WITH REVISION "X" TO THE TRUMP NATIONAL GOLF CLUB LOCATED IN COASTAL SUBREGIONS 7 AND 8.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS, on 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 April 20, 2004, the City Council of the City of Rancho Palos Verdes approved Revision "V" to the Ocean Trails Project, thereby allowing 1) basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; 2) permitting a change in the height of Lot #2 to allow for a subterranean garage; and 3) permitted construction of retaining walls and access to the proposed subterranean garage; and,

WHEREAS, on June 7, 2005, the City Council of the City of Rancho Palos Verdes adopted a Mitigated Negative Declaration and approved Revision "W" to the Trump National Golf Club (formally known as Ocean Trails) Project, thereby allowing a driving range to be constructed in place of 16 residential lots within VTTM50666; and,

WHEREAS, on May 18, 2005, VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "X" to the Trump National Golf Club project to revise CUP No. 162 so as to 1) allow a change in the maximum habitable area for lots 26-29 in Tract 50667; 2) allow a change in the maximum building height for lots 24-29 in Tract 50667, which includes allowing lots 24 and 25 to have partially subterranean garages; 3) allow lots 24, 25 and 29 in Tract 50667 to grade and construct improvements over existing 2:1 slopes; 4) allow up to 30% of the front and rear facades of all two-story and split level structures to have a full two story façade without being broken by an architectural feature; and 5) to decrease the lot area of Lot D, within VTTM50666 from 1.4 acres to 1.0 acres; and,

WHEREAS, 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 September 6, 2005, copies of the draft Addendum No. 18 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "X" to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 18 to EIR No. 36; and,

WHEREAS, on September 20, 2005, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider Addendum No. 18 and the proposed Revision "X" to the Trump National Golf Club, 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: Revision "X", is a request to: 1) allow a change in the maximum habitable area for lots 26-29 in Tract 50667; 2) allow a change in the maximum building height for lots 24-29 in Tract 50667, which includes allowing lots 24 and 25 to have partially subterranean garages; 3) allow lots 24, 25 and 29 in Tract 50667 to grade and construct improvements over existing 2:1 slopes; 4) allow up to 30% of the front and rear facades of all two-story and split level structures to have a full two story façade without being broken by an architectural feature; and 5) to decrease the lot area of Lot D, within VTTM50666 from 1.4 acres to 1.0 acres

Section 2: In considering the proposed revisions to the project, the City Council has determined that the preparation of Addendum No. 18 to Environmental Impact Report No. 36 is appropriate, since the approved 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 approved 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 approved 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 approved changes, 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. 18 to Environmental Impact Report No. 36 prepared in association with the proposed Revision "X" to the Trump National Golf Club 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, 17 and 18, 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 "X" 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 approved 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 the approved subterranean basements are completely subterranean (except for outdoor patio areas in side yards and light/access wells per the Building Code), and will not be readily 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 X, attached hereto as Exhibit "A", 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 original 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 Trump National Golf Club project is required to provide for 3 parking spaces. In comparison to the City's Development Code, which requires 2 parking spaces for structures less than 5,000 square feet, 3 parking spaces for structures greater than 5,000 square feet, and no further requirement beyond that, all of the residential structures will be compliant with the Development Code and provide enough on-site parking to meet the demand of each home.

F. That given the site location, project design, and recommended conditions imposed through this permit and attached hereto as Exhibit "A", including setbacks, heights, lighting, landscaping, fencing, hours of operation, and other recommended conditions, the approved 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 approving the revision, the City Council finds that the social, recreational, and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. The project provides visitor-serving uses in the coastal zone and, as a floating commercial use, the proposed golf course complies with permitted uses in the RS-1/RPD and zone as shown in the Official Zoning Map, and with permitted single family residential uses as designated in the General Plan, and Coastal Specific Plan, while preserving and enhancing habitat areas and providing passive and active recreational uses with a bluff road, public parking, trails, and vista points that will provide public recreational opportunities and preserve public vistas.

More specifically, as modified by this approval, since basements are completely subterranean (except for outdoor patio areas and 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.

H. The City Council denies the applicant's request for partial subterranean garages on Lots 24 and 25 because the driveway and related retaining walls for Lot No. 24 will be visible from the Palos Verdes Drive South and La Rotonda public rights of way, and the driveway and related retaining walls for Lot No. 25 will be visible from the Emerald View Drive public right of way. This will create a two-story appearance on both lots that will be viewed from public areas, which is substantially different than what was originally approved. The existing development standards can accommodate a one-story structure on the subject properties without the need for a two-story structure that would not be as well integrated with adjacent lands (right of way) than a one-story structure and would cause significant visual impacts.

Further, the City Council denies the applicant's request for grading and improvements over 2:1 slopes as these improvements would significantly deviate from what other lots in the neighborhood are permitted, and because it would be seen from La Rotonda Drive, the proposed improvements would not be integrated with the surrounding neighborhood. Additionally, because the retaining wall and deck associated with the swimming pool will be visible from La Rotonda Drive, and would be the only retaining wall built over an extreme slope within the project, it would cause a significant adverse visual impact

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 "X" for Conditional Use Permit No. 162, thereby revising conditions Q-2, S-2, S-3, R-1 and K-1 (strikethrough for text removed and bold underline for text added) and in the attached Exhibit "A", which are necessary to protect the public health, safety and general welfare. All other conditions of approval that have been imposed on this project shall remain in effect and are incorporated herein:

Condition Q-2 shall be revised 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

0 938

6,562 7,500

27

23,777

7,133

0 367

7,133 7,500

28

21,149

6,345

0 1,155

6,345 7,500

29

19,010

5,703

0 297

5,703 6,000

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."

Condition S-2 shall be revised as follows:

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 30 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. Lot Nos. 24 and 25 are designated Lot Type G. Lot Nos. 26 through 29 are designated as Lot Type H.

Condition S-3 shall be revised as follows:

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.

Lot Type G: 16 feet from pad of the one-story structure, and 26' from the exterior grade of the exterior basement patio area, provided that the patio area for Lot 24 shall be located in the westerly side yard, while the patio area for Lot 25 shall be located in the easterly side yard, and provided that the ridge height does not exceed 16' from the pad of the one-story structure.

Lot Type F: 26 feet from pad of the two-story structure, and 36 feet from the exterior grade of the basement patio area, provided that the patio area is located in the side yard and that the ridge height does not exceed 26' from the pad of the two-story structure.

Condition R-1 shall be revised as follows:

R-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 of all two story residences 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.

On the rear and front facades of two story residences, and on the rear façade of all split level lots, a maximum 30% of the second story width shall be permitted to be constructed directly above the first story below. A minimum 70% of the second story width shall be broken up by using either of the following two methods:

    1. A minimum 6' wide second story setback from the first story façade. The setback area would be used as an uncovered deck or roof.
    2. A minimum 6' wide uncovered balcony attached to and extending from the second story façade.

Condition K-1 shall be revised as follows:

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 5.8 acres in size; Lot D (Portuguese Bend Fire Break) at 1.4 1.0 acres in size; Lot C (Forrestal Canyon Fire Break) at 1.7 acres in size; and, Lot J (Palos Verdes Drive South Frontage) at 2.4 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.

PASSED, APPROVED, and ADOPTED this 20th day of September 2005

_________________________

MAYOR

ATTEST:

_____________________________

CITY CLERK

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )ss

CITY OF RANCHO PALOS VERDES )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 20, 2005.

___________________________

City Clerk

EXHIBIT "A"

RESOLUTION NO. 2005-

CONDITIONAL USE PERMIT NO. 162 - REVISION "X"

CONDITIONS OF APPROVAL FOR A RESIDENTIAL PLANNED DEVELOPMENT

I. GENERAL CONDITIONS

A. DEVELOPER AGREEMENT

1. Within thirty (30) days of approval of Revision "X" 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, Conditional Use Permit No. 163 and Grading Permit No. 1541.

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 17.86.070 (formally 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 City Council, 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 City Council. 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 63 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 two (2) 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 17.48.070 (formally 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 17.48.070 (formally 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, driving range, 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. Fencing located between the residential lots and the driving range shall be a maximum 6'-0" high decorative wire mesh link with links small enough to ensure that golf balls from the driving range will not penetrate said fence. 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 or as required through Condition F-1.c.1).

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, Supplements thereto, and project certified Mitigated Negative Declarations. 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 twenty-three (23) 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, "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No. 50666", dated February 2, 2005 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 City Council. Before any minor changes are made to the Residential Planned Development, the Director of Planning, Building and Code Enforcement shall report to the City Council 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 5.8 acres in size; Lot D (Portuguese Bend Fire Break) at 1.0 acres in size; Lot C (Forrestal Canyon Fire Break) at 1.7 acres in size; and, Lot J (Palos Verdes Drive South Frontage) at 2.4 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 17.56 (formally 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 17.48.060 (formally 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 17.76.040 (formally 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 17.76.030 (formally 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 or through Condition F-1.c.1).

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. 14 through 23), 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, and 13), 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, and 7 through 12), 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, with the exception of Lot #22, which may have a rear yard setback of thirty (30) 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 17.48.030 (E) (formally 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

938

7,500

27

23,777

7,133

367

7,500

28

21,149

6,345

1,155

7,500

29

19,010

5,703

297

6,000

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. The upper level of all two story residences shall be a minimum of twenty (20) percent smaller than the footprint of the structure. On the rear and front facades of two story residences, and on the rear façade of all split level lots, a maximum 30% of the second story width shall be permitted to be constructed directly above the first story below. A minimum 70% of the second story width shall be broken up by using either of the following two methods:

      1. A minimum 6' wide second story setback from the first story façade. The setback area would be used as an uncovered deck or roof.
      2. A minimum 6' wide uncovered balcony attached to and extending from the second story façade.

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 23 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, and Lot Nos. 9 through 13, are designated as Lot Type A. Lot Nos. 2 through 8 are designated Lot Type C. Lot Nos. 14 through 23 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 are designated as Lot Type A. Lot Nos. 1 and 3 are designated Lot Type B. Lot Nos. 14 through 17 and 30 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. Lot Nos. 24 and 25 are designated Lot Type G. Lot Nos. 26 through 29 are designated as Lot Type H.

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.

Lot Type G: 16 feet from pad of the one-story structure, and 26' from the exterior grade of the exterior basement patio area, provided that the patio area for Lot 24 shall be located in the westerly side yard, while the patio area for Lot 25 shall be located in the easterly side yard, and provided that the ridge height does not exceed 16' from the pad of the one-story structure.

Lot Type F: 26 feet from pad of the two-story structure, and 36 feet from the exterior grade of the basement patio area, provided that the patio area is located in the side yard and that the ridge height does not exceed 26' from the pad of the two-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 17.48.050(D) (formally 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 17.56.030 (formally 17.51.030) 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.