Loading...
ORD 344 ORDINANCE NO. 344 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A DEVELOPMENT AGREEMENT WITH THE DEVELOPER OF THE RESIDENTIAL HOUSING I/ PROJECT THAT IS LOCATED IN SUBREGION 1 OF THE COASTAL ZONE OF THE CITY OF RANCHO PALOS VERDES WHEREAS, pursuant to Condition A 6 of Tentative Tract Map No. 46628, which was approved by the City Council of the City of Rancho Palos Verdes on March 17, 1992, by the adoption of Resolution No. 92-26, and with the concurrence of the then-owner of the subject property, the property owner was required to enter into a Development Agreement with the City of Rancho Palos Verdes; and WHEREAS, pursuant to state law, California Government Code Section 65864 a seq. , cities can enter into development agreements with private property owners; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on December 22, 1998, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Development Agreement, and following the public hearing, the Planning Commission recommended that the City Council approve the Development Agreement; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council conducted a public hearing on January 5, 1999 and January 19, 1999, at which time all interested parties were given an opportunity to be heard and present evidence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1: Prior to the approval of Tentative Tract No. 46628 and the related Coastal Permit, Grading Permit and Conditional Use Permit, the City Council certified Environmental Impact Report No. 35, ("EIR") , by the adoption of Resolution No. I/ 92-25. Because the Development Agreement addresses the maintenance and funding obligations relating to the open space areas and other amenities that are being constructed as part of this development, and does not alter the development standards or configuration of the project that previously were approved by the City Council, the Development Agreement will not cause any new environmental impacts that were not addressed by EIR No. 35 and will not cause the addition of any new mitigation measures to the previously approved project and previously certified EIR. Accordingly, the City Council hereby finds that the Development Agreement is within the scope of EIR No. 35. Resolution No. 92- 25 and the Findings and Statement of Overriding Considerations set forth therein are hereby incorporated herein by this reference. section 2,: The proposed Development Agreement conforms with the maps and policies of the General Plan and the City's I/ Coastal Specific Plan. Accordingly, the Development Agreement is consistent with all applicable provisions of the General Plan and the Specific Plan that are relevant to the project. section 3: The proposed Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5. Section 4: The proposed Development Agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public, since the project will be constructed in accordance with the conditional use permit, grading permit, coastal permit and tentative tract map that were approved in 1992, as amended by the minor modification to the tentative tract map that was approved by the City Council in 1997, in response to the request by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Section 5. The proposed Development Agreement provides clear and substantial benefit to the residents of the City, because the Development Agreement will provide a method to substitute revenue sources that either have been eliminated or severely compromised by State legislation enacted since the original approval of the project, and the Agreement provides a source of funding to ensure that the public amenities and open space created as part of this project will be properly maintained in the future. Section 6,. For the foregoing reasons and based on the information contained in the Staff Reports, Minutes and other records of the proceedings, the City Council hereby approves the Development Agreement with the developer of the residential development in Coastal Subregion 1 of the City, which is attached hereto as Exhibit "A" and incorporated herein by this reference. ORDINANCE NO. 344 I/ - 2 - 990125 R6876-00001 pjn 0692215 (1) PASSED, APPROVED and ADOPTED this 2nd day of February, 1999. AA( I/ MAYS ATTEST: /AO -ITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City is five, that the forgoing Ordinance No. 344 passed first reading on January 19, 1999, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on February 2, 1999 and that the same was passed and adopted by the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart and Mayor Hollingsworth NOES: None ABSENT: None ABSTAIN: None ALA Ci y Clerk • Ordinance No. 344 - 3 - 990125 R6876-00001 pjn 0692215 (1) • • 99 0480301 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA MAR 23 1999 Arsn.M. SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE TITLE(S) FEE N/A N/A 0 20 9_ 19 04 19 CODE REC. NO. NO PCOR D.A. SURVEY NOTIF. INVOL NON FEE PAGES TITLES FEE MON. LIEN CONF. /1/ / ° e.9 0 4° 4 Assessor s Identification Number (AIN) To Be Completed By Examiner Or Title Company In Black Ink RECEI V ED City of Rancho Palos Verdes JAN 1. 2cco CITY CLERK'S OFFICE • EXAMINER S INT. Number of Parcels Shown • Revision Number •-a.3:-G)-? 047-6' (17- JN2J/'J22IDV ±N2V\JdO1A2a (S)31111 3Sf1 S,13301300313 2103 3NI1 SIHl 3A09d 30VdS TOOi'o 66 1.6Eg-5LZ06 d3 `sapaan soled oyoue� pie auaoq nneH 01760E sapaan soled oqouej 4o Akio )1JOIO Ain OZ ZIKLJ CIEGEOOSE NSHM Sll 0ld N011103 3 Sll 013Sb�'3 43NIWVX3 N338 ION SVH 1 0 NOIlV40WW000V NV SV .V.1 J0'00 31111 NFI0I213Wb'1S8I.d A8 080038 80d 4311 1N3W(lal$NI SIHl RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: CITY CLERK CITY OF RANCHO PALOS VERDES 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 (Space Above for Recorder's Use) DEVELOPMENT AGREEMENT (Pursuant to Government Code Sections 65864 - 65869.5) This DEVELOPMENT AGREEMENT ("Agreement") is entered into as of February 23,1999, between RPV Associates, LLC, (hereinafter referred to as "Developer") , and the CITY OF RANCHO PALOS VERDES, a municipal corporation organized and existing under the laws of the State of California ("City") . Developer and City are sometimes collectively referred to herein as the "parties." RECITALJ This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. Government Code Sections 65864 - 65869.5 ("Development Agreement Law") authorize City to enter into binding development agreements with persons having a legal or equitable interest in real property or the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. C. Pursuant to Government Code Section 65865, City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements. D. Developer owns, in fee, and is the proposed developer of the Property as described on Exhibit "A", except for those portions thereof previously dedicated to governmental agencies for street purposes, parks or open space. 990125 pjn A900.003 (2) 99 0480301' E. Developer anticipates developing a Residential Planned Development in Subregion 1 of the City (hereinafter referred to as "Project") requiring substantial investment in public facilities and substantial investment in on-site and off- site improvements in order to make the Project feasible, much of which is to be maintained by City after the development of the Project has been completed. F. Developer has applied for, -and City has approved, a vesting tentative tract map (No. 46628), a conditional use permit (No. 158), a coastal permit (No. 94), a grading permit (No. 1439), a "4d"permit , and other approvals related to the Project, in order to protect the interests of its residents and the quality of the community and the environment (collectively referred to as the "Approvals"). A revision to the Project was approved by the Planning Commission on February 25, 1997, and by the City Council of City on March 11, 1997. G. As part of the approval process, City has undertaken, pursuant to the California Environmental Quality Act ("CEQA"), the required analysis of the environmental effects which would be caused by the Project. In that regard, on March 17, 1992, the City Council of City adopted Resolution No. 92-25, which certified Environmental Impact Report No. 35 and imposed a series of mitigation measures in connection with the development of the Project to eliminate or mitigate, to the extent feasible, any potentially adverse impacts caused by the Project and made the required environmental findings. H. Due to the potential cost to City of maintaining the open space areas and other public improvements which will be dedicated to City after construction of the Project is completed and the inability of City to rely on traditional methods for obtaining financing to maintain these improvements, such as taxes and assessment districts, and due to the potential cost of developing the Project that will be incurred by Developer, City and Developer wish to enter into a development agreement relating to the Project. Accordingly, proceedings have been undertaken in accordance with City's rules and regulations. I. The Planning Commission and the City Council have found that this Agreement is consistent with the City's General Plan, Coastal Specific Plan, Development Code and the Approvals. J. On February 2, 1999 the City Council of City adopted Ordinance No. 344, approving this Agreement with Developer. K. City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of City and its residents and that 990125 pjn A900.003 (2) 2 99 0480301 �9 04562( adopting this Agreement constitutes an appropriate exercise of its police power. The parties agree as follows: 1. Definitions. 1.1. "Agreement" is this Development Agreement. 1.2. "Agreement Date" is the date this Agreement is executed by City. 1.3. "City" is the City of Rancho Palos Verdes, California. 1.4. "Developer" is RPV Associates, LLC, and its successors in interest to all or any part of the Property. 1.5. "Development Plan" is all of those ordinances, resolutions, codes, rules, regulations, Approvals and official policies of City governing the development and use of the Property as of the Agreement Date, including, without limitation, the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property, and all of those permits and Approvals which are referenced on Exhibit "B," which have been issued or granted by City and the California Coastal Commission in connection with the Project, allowing the development of seventy-nine single family residential dwelling units and five (5) open space lots. To the extent any of the foregoing are further amended by City from time to time with the consent of Developer, the appropriate component of the Development Plan shall be deemed to be automatically amended. Notwithstanding the immediately preceding sentence, if this Agreement is required by law to be amended in order for the "Development Plan" to include such amendments, the "Development Plan" shall not include such amendments unless and until this Agreement is so amended. A copy of all of the conditions of approval which have been imposed on the Project by the City and the Coastal Commission is attached hereto as Exhibit "C." 1.6. "Effective Date" is that date which is the later of: (a) the date of expiration for filing a referendum petition relating to this Agreement, if no such petition is filed within such period; or (b) the results of a referendum election are declared approving this Agreement, if a referendum petition is filed within the applicable period. 1.7. "Project" is the Residential Planned Development and associated amenities, including, without 990125 pjn A900.003 (2) - 3 - 99 0480301 456 limitation, on-site and off-site improvements, contemplated by the Development Plan, as the same may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.8. "Property" is the real property on which the Project is, or is anticipated to be, located as described on Exhibit "A." 2. Exhibits. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference: Exhibit Description Designation A Legal Description of the Property B Permits and Approvals Constituting the Development Plan C All Conditions of Approval imposed on the Project D Maps depicting all of the Public Amenities, including, without limitation, parking areas, trails and open space areas, including any habitat located thereon E Slant Drain Reimbursement Schedule 3. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Development Plan for the Project in a manner that will insure certain anticipated benefits to both City and its residents and to Developer, as set forth in this Section. City and Developer agree that, due to the size and duration of the Project, certain assurances on the part of each party as to the Project will be necessary to achieve those desired benefits. 3.1. Benefits to City. The benefits to City (including, without limitation, the City's residents) under this Agreement include, but are not limited to: (a) the dedication to City of the open space lots and the improvements which will be available to the public, as depicted on Exhibit D, including parking areas, a passive park, wetlands, trails and habitat areas; (b) the agreement that the Developer will reserve an easement over certain portions of the open space lots and will convey said easement to the Homeowners' Association that is to be formed by Developer, for future maintenance by the Association to City's reasonable satisfaction; (c) the cash payment of seven hundred fifty thousand dollars ($750,000.00) to the City as a fund to ensure that the City will be able to maintain the public improvements and habitat areas that are to be dedicated to the City by Developer and that are to be maintained by City; (d) the 990125 pjn A900.003 (2) -4 99 0480301 OfC3124 provision of additional residential housing; (e) the construction of and improvements to roadways and drainage facilities; and (f) an increase in property tax revenues to be derived by City. 3.2. Benefits to Developer. Developer has expended and will continue to expend substantial amounts of time and money on the planning and infrastructure construction of the Project. In addition, Developer will expend substantial amounts of time and money in constructing public improvements and facilities in connection with the Project. Developer would not make such additional expenditures without this Agreement and such additional expenditures will be made in reliance upon this Agreement. The benefits to Developer under this Agreement consist of: (a) the assurance that Developer will preserve the right to develop the Property as planned and as set forth in the Development Plan; and (b) the acceptance by the City of the open space lots and the maintenance of certain portions of those lots and the public improvements located thereon (including the passive park, wetlands, the trails, streets, parking areas) and the restored habitat areas which were required as mitigation for development of the project, as described in Resolution No. 92-26 and Resolution No. 92-27. 4. Interest of Developer. Developer represents that Developer has a legal interest in the Property. 5. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest to the parties hereto. 6. Relationship of Parties. The contractual relationship between City and Developer is that Developer is an independent entity and not the agent of City. 7. Term. The term of this Agreement shall commence upon the Effective Date and shall continue until all building permits required to complete the development of the Project as contemplated by the Development Plan have been issued, provided that in no event shall such term exceed ten (10) years following the Effective Date of this Agreement, as extended by events of force majeure as such events are set forth in Section 18.3 below. In no event, however, shall the term of this Agreement exceed fifteen (15) years. 8. Changes in Project. Developer shall not be entitled to any change, modification, revision or alteration in the Development Plan relating to the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings or the provision for reservation or dedication of land for public purposes without review and approval by those agencies which approved the paIrticular aspect of the Development Plan in the first instance. Subject to the 990125 pjn A900.003 (2) -5- 99 0480301 foregoing provisions of this Section 8, City acknowledges that Developer may seek amendments to entitlements to use and new entitlements to use in connection with the development of the Project. Subject to Sections 10, 10.1, 10.2 and 11 below, nothing in this Agreement shall be deemed to restrict or expand the authority of City or the Coastal Commission in determining whether to approve or deny any such amendments or new entitlements to use. 9. Hold Harmless. Developer agrees to and shall hold City, its officers, agents, employees, partners and repre- sentatives harmless from liability for damage or claims for dam- age arising from the Project including, without limitation, claims for personal injury, including death, and claims for property damage which may arise from the negligence or intentional, wrongful misconduct of Developer or of Developer's contractors, subcontractors, agents, employees or other persons acting on Developer's behalf which relate to the Project. Developer agrees to and shall defend and indemnify City and its officers, agents, employees, partners and representatives from any and all actions for damages relating to the Project, including, without limitation, those caused or alleged to have been caused by reason of the negligent or intentional, wrongful misconduct of Developer or of Developer's contractors, subcontractors, agents, employees or other persons acting on Developer's behalf in connection with the Project. 10. Vested Right. By entering into this Agreement and relying thereon, Developer is obtaining a vested right to proceed with the Project in accordance with the Development Plan, and City is securing certain public benefits and financing which help to alleviate current or potential problems in City and enhance the public health, safety and welfare. City therefore agrees to the following: 10.1. No Conflicting Enactments. Neither the City Council of City nor any other agency of City shall enact any ordinance, policy, rule, regulation or other measure applicable to the Project which relates to the rate, timing or sequencing of the development, the density, design, construction standards and specifications of the development, or, subject to Section 12.1 below, other matters applicable to the construction of all or any part of the Project or which is otherwise in conflict with this Agreement. This Section shall not restrict the City's ability in the event of a public emergency to take such reasonable measures under its police powers to protect the public health and safety as it deems necessary to deal with such emergency even if such measures are incompatible with other terms of this Developme 'it Agreement. The parties acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the foregoing limitations are intended to reserve to City all of its police power which cannot be so limited. 990125 pjn A900.003 (2) -6- 99 0480301 a--E4-5/22-4 10.2. Intent of Parties. In addition to and not in limitation of the foregoing, it is the intent of Developer and City that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development, the density, design, construction standards and specifications of the development, or, subject to Section 12.1 below, other matters applicable to the construction of all or any part of the Project and whether or not enacted by initiative or otherwise) affecting the General Plan, zoning, subdivision maps, building permits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium, initiative, or other limitation is in conflict with this Agreement. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation enacted by citizens of City through the initiative process be determined by a court of competent and final jurisdiction to invalidate or prevail over all or any part of this Agreement, Developer shall have no recourse against City pursuant to this Agreement, but shall retain all other rights, claims and causes of action at law or in equity which Developer may have independent of this Agreement. 11. General Development of the Project. 11.1 Project. While this. Agreement is in effect, Developer shall have a vested right to develop the Project in accordance with the terms and conditions of this Agreement and the Development Plan, and City shall have the right to control the development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan. Thus, the Development Plan shall control the overall design, development and construction of the Project and all on-site and off-site improvements and appurtenances in connection therewith, includ- ing, without limitation, all mitigation measures (including those required to minimize or eliminate any potentially significant environmental effects). The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes and other terms and conditions of development applicable to the Property shall be those set forth in the Development Plan. 11.2 Phasing and Timing of Development. The parties acknowledge that although Developer currently anticipates that the Project will be phased and that the single family residences will be constructed in increments over an approximate two-year time frame, at the present time Developer cannot predict when or the order in which Project phases will be develop004 Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. To the 990125 pjn A900.003 (2) - 7 - 99 0480301 extent permitted by the Development Plan, this Agreement, and acknowledging the ruling in the case of Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), Developer shall have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment, so long as the Project is constructed as an integrated residential planned development as contemplated by the Development Plan. 11.3 Effect of Agreement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings and the design, improvement and construction standards and speci- fications applicable to development of the Property are those rules, regulations and official policies that are included within the "Development Plan". In connection with any approval which City is permitted or has the right to make under this Agreement relating to the Project, or otherwise under its rules, regulations and official policies, City shall exercise its discretion or take action in a reasonably expeditious manner which complies and is consistent with the Development Plan and the standards, terms and conditions contained therein or in this Agreement. 11.4 Dedications and Monetary Contribution. In conjunction with processing this Project, conditions of approval and mitigation measures have been imposed which require Developer to preserve and enhance coastal sage scrub habitat ("habitat") on certain areas of the site which are to be dedicated to the City. Initially, it is the Developer's responsibility, for a minimum period of five years, to ensure that the habitat is planted and established; after the first five years pass and the habitat is established in accordance with the standards approved by the United States Fish and Wildlife Service, the City is to perform the long term maintenance of the habitat. In addition, Developer shall offer for dedication to City the streets, approximately 71 acres of open space, and other public amenities that are to be constructed by Developer including, the bluff face, the wetlands area, the firebreaks, parking areas and automobile turnouts, bicycle lanes, trails, drainage facilities, a passive park, the coastal sage scrub habitat, and the other open space areas depicted on Exhibit "D." All improvements which are to be dedicated to the City, including, without limitation, the improvements referred to in this Section, shall be completed as prescribed in the Development Plan. tw._ A. It is the intent of this Agreement that in addition to the initial maintenance of the habitat for the first five years, Developer shall pay to City the sum of Seven Hundred 990125 pjn A900.003 (2) -8- 99 0480301 Fifty Thousand Dollars ($750,000.00) which is sufficient to ensure that the City is able to perform the long term maintenance of the open space, amenities and improvements which are to be dedicated by Developer to City and which are to be maintained by City. Developer shall pay said sum to City in accordance with the following schedule: 1. $250,000 shall be paid when City approves this Agreement. 2. $250,000 shall be paid to City one year following the date of approval of this Agreement by City. 3. $250,000 shall be paid to City one year later, which is two years following the date of approval of this Agreement by City. B. Notwithstanding the conditions of approval of the project and the provisions of this Agreement that address the issue of habitat maintenance and restoration, nothing herein shall be construed to prevent City from using any or all of Lots 80, 81, 82 and 85 (the "Open space Lots") (each of which is to be dedicated to the City) for active or passive recreation and/or park purposes, as those terms are defined in City's Development Code, or for any other purpose that City may lawfully approve. C. The parties agree that Developer's obligation to preserve and enhance habitat on the Project site may be transferred to a different location in the City, in accordance with City's request, provided that Developer is not prevented from proceeding with the Project. Any permits or approvals that must be obtained from the State or Federal governments to relocate any or all of the habitat shall be the responsibility of City. Developer shall not plant any coastal sage scrub habitat on the project site prior to March 15, 1999. Developer's obligations and costs with respect to the cost of landscaping the on-site open space areas to City's reasonable satisfaction, including the habitat enhancement and restoration work, shall not be increased by virtue of relocating said habitat to another location off-site. To that end, if Developer plants habitat off- site in another location designated by City, and landscapes the area of the project site where that habitat was to have been located, the cost of that on-site landscaping shall be credited towards Developer's cost of performing the habitat restoration work off-site. 11.5 Agreement Regarding The Maintenance Of Certain Areas By The Homeowners' Association. A. Developer and City hereby agree that the following areas of the open space, which will be dedicated to the City, are more appropriately maintained by the Homeowners' Association that 990125 pjn A900.003 (2) - 9 - 99 ff48�3ll' 9 4 5:0 2-a 1 is to be formed by Developer, because of the direct benefit to the homes that will be derived from the care of these areas by the Homeowners' Association: 1. The north entrance to the tract, including the median (Lot 87) and portions of Lots 82 and 83 on both sides of the roadway; 2. Portion of Lots 80 and 83 and all of Lot 84, which is comprised of the slopes surrounding the wetlands area and extending along Palos Verdes Drive West to the south entrance to the tract; 3. Portions of Lot 80 that comprise the firebreak along the rear of lots 31 through 35, lots 36 through 39, 78 and 79, and the East side of Via Del Cielo (Street "B") between Lot 35 and Lot 78; 4. The main entrance to the tract at Hawthorne Boulevard, including the median (Lot 88) and the portions of Lots 80 and 81 on both sides of the road; 5. A portion of Lot 81, which is comprised of the slopes along Palos Verdes Drive West extending from the South entrance to the Tract to the Southern boundary of the Tract; 6. A portion of Lot 81, which is comprised of the firebreak along the rear of lots 64 through and 68; 7. The entrance to Via Del Cielo (Street "B") at Via Vicente (Street "A") consisting of the median (Lot 90) and within the Via Del Cielo street right-of-way adjacent to the median; 8. The entrance to Calle Viento (Street "D") at Via Vicente (Street "A") consisting of the median (Lot 91) and within the Calle Viento street right-of-way adjacent to the median; 9. The entrance to Paseo De La Luz (Street "C:) at Calle Entradero (Street "A") consisting of the median (Lot 89) and within the Paseo De La Luz right-of-way adjacent to the median; and 10. A portion of Lot 82 which is comprised of the firebreak along the West side of the property line of Lot 58. B. When Developer conveys Lots 80 through 91, inclusive, to City, Developer shall reserve easements for maintenance purposes across the areas of said lots that are listed above in Paragraph A, which Developer ultimately shall convey to the Homeowners' Association, the content of .which first shall be submitted to City for review and apprral. 990125 pjn A900.003 (2) -10- CH- 40 36 r lb war_ C. Developer and the Homeowners' Association shall maintain said areas to City's reasonable satisfaction in accordance with the standard that City imposes on the maintenance of other similar areas in the City. The failure to maintain these areas to City's reasonable satisfaction shall constitute a public nuisance which may be abated by the City. Any cost of abatement which is incurred by the City may be a lien or assessment that City may impose against all of the residential lots within the tract. The provisions of this Section 11.5 shall survive the termination of this Agreement. 11.6 Development Fees. Except as provided in Section 12 of this Agreement, City shall not, without the prior written consent of Developer, impose or increase any fees or exactions applicable to the development of the Property or any portion thereof, or impose any such fees or exactions as a condition to the implementation of the Project or any portion thereof, except those fees and exactions in effect on the date the application for the Vesting Tentative Tract Map for the Project was deemed complete in accordance with Government Code Sections 66498.1 and 66474.2 (the "Application Date"). This provision shall not prevent the application of escalation clauses which, as of the Application Date, were in place in connection with those fees and exactions in effect as of the Application Date. 11.7 Public Works. Any public works facilities which will be constructed by Developer and dedicated to City or any other public agency upon completion, i-ncluding, without limitation, the slant drain discussed in Section 11.8, shall be constructed in accordance with the design and construction standards that would be applicable to City or such other public agency should it have undertaken such construction. This Section shall not be interpreted to require public bids, the payment of prevailing wages or any other similar requirements unless otherwise required by applicable law. If it is found that Developer should have complied with any such requirements, Developer shall be fully responsible for the payment or satisfaction of such requirements. 11.8. Slant Drain. Developer and City have agreed that Developer shall construct the slant drain, which is to be located near the South end of the Project site, in a manner that will allow the City to attach a drain pipe from the Point Vicente Interpretive Center on City's property to the slant drain. City and Developer recognize that the slant drain is to be increased in size to accommodate said drainage from City's property. Accordingly, City shall reimburse Developer for the incremental increase of the cost of constructing the larger slant drain in accordance with the schedule attached hereto as Exhibit 990125 pjn A900.003 (2) -11- 99 0480301 99 4624 i 3 E, which is incorporated herein by this reference. City also shall reimburse Developer for the total cost of designing and constructing the connection that will extend from the slant drain to the South property line that abuts City's property. Based on the differential in the costs of construction of the slant drain without including the City drainage and including the City drainage, the City will be obligated to pay 13.92% of the total construction costs of the slant drain, including design, civil and soils engineering expenses and all City and County developer and processing fees, including bond costs. As reflected in Exhibit "F", the amount that currently is estimated to be City's share of the cost of the slant drain is approximately $192,000.00. Any increased costs to either the slant drain or to the connection that will extend from the slant drain to the South property line must be submitted to City for approval, which shall not be unreasonably withheld. City shall make monthly progress payments to Developer for City's share of the construction costs, as work is done, and statements are submitted to City. 12. Rules, Regulations and Official Policies. 12.1 New Rules. This Agreement shall not prevent City from applying the following new rules, regulations and policies: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for development approvals, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures; provided such fees and charges are uniformly imposed by City on all similar applications and for all similar monitoring. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matters of procedure; provided such regulations are uniformly imposed by City on all similar matters. (c) Regulations governing construction standards and specifications which are of general application which establish standards for the construction and installation of structures and associated improvements such as and including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code; provided that such construction standards and specifications are applied on a City-wide basis. (d) Regulations which are not in conflict with the Development Plan or this Agreement. 990125 pjn A900.003 (2) -12- 99 0480301 q622 (e) Regulations which are in conflict with the Development Plan or this Agreement if such regulations have been consented to in writing by Developer. 12.2 SubseQuent Actions and Approvals. In accordance with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Plan or this Agreement, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies. 12.3 State and Federal Laws. In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. 14. Enforcement. Unless amended or canceled as provided in Section 13, or modified or suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by either party hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable law or regulation adopted by City (or by the voters of City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or the timing of any. development. 15. Periodic Review of Compliance With Agreement. 15.1 Periodic Review. City and Developer shall review this Agreement at least once every twelve (12) months from the date this Agreement is executed in accordance with Section 17.82.080 of the Rancho Palos Verdes Municipal Code. City shall notify Developer in writing of the date for review at least thirty (3 0) days prior thereto. However, City's failure to comply with this Section 15.1 shall not affect the validity of this Agreement. 990125 pjn A900.003 (2) -13- 99 0480301 99 o4Z 15.2 Good Faith Compliance: During each periodic review, Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. 16. Events Of Default. 16.1 Default by Developer. If City determines on the basis of substantial evidence that Developer has not complied in good faith with the terms and conditions of this Agreement, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from City specifying the manner in which Developer has failed to so comply, Developer does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement or seek specific performance as set forth in Section 16.3. 16.2 Default by City. If Developer determines on the basis of substantial evidence that City has not complied in good faith with the terms and conditions of this Agreement, Developer shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps City must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from Developer specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement or seek specific performance as set forth in Section 16.3. 16.3 Specific Performance Remedy. Due to the size, nature and scope of the Project, and due to the fact that it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun, the parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity. 16.4 City Not Liable For Damages. It is acknow- ledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. Conse- 990125 pjn A900.003 (2) -14- 99 0480301 X9_,0456 4 quently, City shall not be liable in damages to Developer, or to any assignee, transferee of Developer or any other person, and Developer covenants not to sue for or claim any damages: (a) for any breach of, or which arise out of, this Agreement; (b) for the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; provided, however, that the foregoing does not limit the liability of City, if any, for damages which: (i) are not for a breach of this Agreement or which do not arise under this Agreement; (ii) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; and (iii) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation or effect of the provisions of this Agreement to, or the application of, any City rules, regulations or official policies. Without limiting the generality of the foregoing item (c) , parts (i) , (ii) and (iii) , and as an example, in the event City refuses to issue building permits under and in accordance with a Vesting Tentative Map issued by City, Developer would be entitled to whatever remedies at law or in equity which are available, including, if available under law, the right to monetary damages. 17. Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages for any default, or to obtain any other remedies consistent with the purposes of this Agreement. Any such legal action shall be brought in the Superior Court for Los Angeles County, California. 18. Waivers and Delays. 18.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a 990125 pjn A900.003 (2) -15- 99 0480301 O45224 waiver of such party's right to demand strict compliance by such other party in the future. 18.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 18.3 below. 18.3 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earth- quakes, other Acts of God, fires, wars, riots or similar hostil- ities, strikes, other labor difficulties, government regulations, court actions, or other causes beyond the party's control. 19. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person and deposited in the United States mail, postage prepaid and ad- dressed as follows: TO CITY: TO DEVELOPER: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Attn: Les Evans, City Manager RPV Associates, LLC 4100 MacArthur Boulevard, Suite 200 Newport Beach, California 92658-7150 Attn: Chairman of the Board, General Counsel and Robert J. Trapp Either party may change the address stated herein by giving notice, in writing, to the other party and thereafter notices shall be addressed and submitted to the new address. 20. Attorneys' Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 21. Transfers and Assignments. 21.1 Right to Assign. Developer shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall be permitted to cause a violation of the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, corporation or other entity at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment of the rights, duties and obligations arising under or from this 990125 pjn A900.003 (2) -16- 99 0480301 Agreement and shall be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrently with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, Developer shall notify City, in writing, of such sale, transfer or assignment and of whether the transferee or assignee has assumed any of Developer's obligations hereunder, and Developer shall provide City with a copy of the executed assignment agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Developer under this Agreement. 21.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring Developer shall continue to be obligated under this Agreement unless such transferring Developer is given a release or a partial release in writing by City, which release or partial release shall not be unreasonably withheld by City if such transferring Developer full satisfies the following conditions: (a) Developer is not then in default under this Agreement. (b) Developer has provided City with the notice and executed agreement required under paragraph (b) of Subsection 21.1 above; (c) Such assignee or transferee has assumed such duties and obligations as to which Developer is requesting to be released in a manner approved by City; and (d) Developer has paid City in full the sum of Seven Hundred Fifty Thousand Dollars ($750,000) that is required by Section 11.4 A of this Agreement. 21.3 Termination of Agreement with Respect to Individual Parcels Upon Sale to Public. Notwithstanding any provisions of this Agreement to the contrary, the burdens of this Agreement shall terminate as to any lot or parcel which has been finally subdivided and individually leased or sold for residential purposes to the purchaser or user thereof and thereupon and without the execution or recordation of any further document or instrument such lot or parcel shall be released from and no longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is 99 0480301 990125 pjn A900.003 (2) -17- .015g2":2 constructed on such lot or until the termination of this Agreement, if earlier. Nothing herein shall be construed as exempting any such lot from the provisions of the Development Plan or other applicable rules and regulations. 22. Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement or any other action by City in approving the Project, the parties hereby agree to cooperate in defending such action. Developer agrees to reimburse City for its costs and legal expenses incurred after the date of this Agreement in any such action. In addition, if in any such action there is an order, ruling, or judgment which includes a requirement that the City pay damages or reimburse any party for legal fees or costs incurred in connection with that action, Developer hereby agrees that it will pay said damages, fees and costs. In the event of any litigation challenging the effectiveness of the Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. 23. Protect as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect thereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. 24. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 25. Authority to Execute. RPV Associates LLC warrants and represents that the persons executing this Agreement on its behalf have the authority to do so and have the authority to bind it to the performance of its obligations hereunder. 26. Recordation. This Agreement and any amendment or cancellation hereto shall be recorded in the Office of Official Records of the County of Los Angeles, by the City Clerk within the period required by Section 65868.5 of the Government Code. 27. Protection of Mortgage Holders. Nothing contained herein shall limit or interfere with, and no breach hereof shall diminish or impair, the lien of any mortgage holder 990125 pjn A900.003 (2) -18- 99 0480301 �9 0456r,g4 having a mortgage made in good faith and for value on any portion of the Property. "Mortgage holder" includes the beneficiary under a deed of trust, and "mortgage" includes the deed of trust. Notwithstanding anything to the contrary contained herein, no mortgage holder shall have any obligation or duty under this Agreement to perform any of Developer's obligations hereunder, except that: (i) to the extent that any obligation to be performed by Developer is a condition to the performance of an obligation by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and (ii) such lender shall be responsible for performing any continuing obligation of Developer (such as payment of money or performance of maintenance), which accrues while such lender holds title to the Property or portion thereof. City shall have no greater remedy against any such lender than it would have had against Developer had Developer continued to hold title to the Property or portion thereof. If a Mortgage holder requests that City give such Mortgage holder a copy of all notices given to Developer hereunder, then City shall deliver to such Mortgage holder, concurrently with delivery to Developer, any notice given to Developer pursuant to this Agreement. Each Mortgage holder shall have the right (but not the obligation) for a period of ninety (90) days after receipt of such notice from City, to cure or remedy, or to commence to cure or remedy, the matter set forth in the notice (if such matter relates to a default by Developer). If such matter is of a nature which can only be remedied or cured by such Mortgage holder upon obtaining possession, such Mortgage holder shall seek to obtain possession with diligence through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the matter within thirty (3 0) days after obtaining possession. If any such matter cannot be remedied or cured within such thirty (30) day period, then such Mortgage holder shall have such additional time as may be reasonably necessary (as mutually agreed by such Mortgage holder and City) to remedy or cure such matter, provided such Mortgage holder is diligently pursuing such cure to completion. 28. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 29. Subsecruent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development agreements (Government Code Section 65864 - 65869.5 inclusive) in effect as of the Agreement Date. Accordingly, subject to Section 12.3 above, to the extent a subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or unless this 99 0480301 0.,, 990125 pjn A900.003 (2) -19- Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868. 30. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 31. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 32. Incorporation of Recitals and Exhibits. Recitals A through K and attached Exhibits "A" through "F" are hereby incorporated by this reference as though fully set forth in full. 33. Rules of Construction and Miscellaneous Terms. 33.1 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 33.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 33.3 Cooperation. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 34. Estoppel. Either City or Developer (the "sending party") may, at any time, and from time to time, deliver written notice to the other party (the "receiving party") requesting that the receiving party certify in writing that: (a) this Agreement is in full force and effect and a binding obligation of the receiving party; (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) the sending party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. The receiving party shall execute and return such certificate within thirty (30) days following the receipt thereof. City acknowledges that a certificate hereunder may be relied upon by transferee and any Mortgage holder. .t The parties have executed this Development Agreement on the date and year first written above. 990125 pjn A900.003 (2) -20- 99 0480301 Dated: APPROVED AS TO FORM: 1999 "DEVELOPER" RPV ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: CAPITAL PACIFIC HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, MEMBER/MANAGER BY: CAPITAL PACIFIC HOLDINGS, INC., A DELAWARE CORPORATION, MANAGING MEMBER bi By - Its: f By: >.X7/ Attorneys for Developer Dated: (t?J 25/ 1999 [Signatures continue] 990125 pjn A900.003 (2) "CITY" CITY OF RANCHO PALOS VERDES, a municipal corporation of the State of California B -21- 99 0480301 J9 0456 ATTEST: By: APPROVED AS TO FORM: r`arnl � T�yL1ah By'— City Attorney -22- 990125 pjn A900.003 (2) 99 0480301 aQ45??4, STATE OF CALIFORNIA ) ss. COUNTY OF NOVVIE. ) Oq 2)OV'MM before me, (A4 A , a notary public in and for said State, personally appeared f&XtCkUk4'-Q/JtbilotA4tuis L•Cvin nd , personally known to me (Q -r d to me on tho basis of to be the person(whose nameceT is/ r subscribed to th- within ledged to me that he/she/executed the same in hi er/ ► e ' - authorized capacity(ies), and that by his/her/t e ' . signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. instrument and ac Signature WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF ss. ) LESLY ALANA GUM Commission* 112731$ Notary Public — Calromb E Orange County My Comm. Expires Feb 19. 2031 On before me, , a notary public in and for said State, personally appeared and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 990125 pjn A900.003 (2) -23- 99 0480301' 56,..„24. 9820150-52, SD, AE -November 5, 1998 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 1, 2 AND 3 OF TRACT 29986, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 818 PAGE(S) 82 TO 87 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOTS 1 AND 2 OF TRACT 29987, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 818 PAGE(S) 97 TO 100 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: LOTS 1 AND 2 OF TRACT 29988, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 819 PAGE(S) 1 AND 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: LOTS 1 AND 2 OF TRACT 30106, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 818 PAGE(S) 93 TO 96 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 5: LOTS 1, 2 AND 3 OF TRACT 30225, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 819 PAGE(S) 3 AND 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 6: LOTS 1 AND 2 OF TRACT 30139, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 819 PAGE(S) 23 TO 27 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ANY PORTIONS OF SAID LAND LYING OUTSIDE OF THE PATENT LINES OF THE RANCHO LOS PALOS VERDES, AS SUCH LINES EXISTED AT THE TIME OF THE ISSUANCE OF THE PATENT WHICH WAS NOT FORMED BY THE DEPOSIT OF ALLUVION FROM NATURAL CAUSES AND BY IMPERCEPTIBLE DEGREES. PARCEL 7: LOTS 1 AND 2 OF TRACT 30075, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 818 PAGE(S) 88 TO 92 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 8: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY ET AL VS BENT, ET AL, CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF 99 04803{11 99 0456224 9820150-52, SD, AE -November 5, 1998 JUDGMENTS IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT IN THE NORTHWESTERLY LINE OF THE LAND AS DESCRIBED IN THE DEED TO PENN LAND COMPANY ET AL RECORDED JULY 6, 1956 AS INSTRUMENT NO. 2266 IN BOOK 51659 PAGE 148 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE MOST WESTERLY CORNER OF LOT 2 OF TRACT 29987, IN BOOK 818 PAGES 97 TO 100 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 50`' 11' 16" WEST 329.54 FEET; THENCE SOUTH 74° 50' 10" EAST 226.75 FEET; THENCE SOUTH 15° 09' 50" WEST 12.00 FEET TO THE NORTHERLY END OF LINLEY COVE DRIVE (VARIOUS IN WIDTH) AS SHOWN AN DEDICATED ON TRACT 29986 AS PER MAP RECORDED IN BOOK 818 PAGES 82 TO 87 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID LINLEY COVE DRIVE AS FOLLOWS SOUTHEASTERLY ALONG A NON - TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 44.00 FEET THROUGH CENTRAL ANGLE OF 103° 45' 50" AN ARC DISTANCE OF 79.69 FEET, SOUTH 28° 55' 40" WEST 30 FEET SOUTHWESTERLY ALONG TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 88.00 FEET THROUGH CENTRAL ANGLE OF 23° 48' 14" AN ARC DISTANCE OF 36.56 FEET, SOUTHEASTERLY ALONG A COMPOUND CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 158.00 FEET THROUGH CENTRAL ANGLE OF 69° 41' 06" AN ARC DISTANCE 192.17 FEET, AND 64° 33' 40" EAST 300.47 FEET TO THE MOST WESTERLY CORNER OF RUE VALDOR (VARIOUS IN WIDTH) AS SHOWN AND DEDICATED ON SAID HEREINABOVE MENTIONED TRACT 29986; THENCE ALONG SAID RUE VALDOR AS FOLLOWS NORTHEASTERLY ALONG TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 13.00 FEET THROUGH CENTRAL ANGLE OF 88° 25' 03" AN ARC DISTANCE OF 20.06 FEET AND NORTH EASTERLY ALONG REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 952.00 FEET THROUGH CENTRAL ANGLE 13° 38' 48" AN ARC DISTANCE OF 226.75 FEET TO THE MOST EASTERLY CORNER OF LOT 1 OF SAID HEREINABOVE MENTIONED TRACT 29987; THENCE ALONG THE BOUNDARIES OF LOTS 1 AND 2 OF SAID HEREINABOVE MENTIONED TRACT 29987 AS FOLLOWS NORTH 51° 01' 21" WEST 85.59 FEET, NORTH 65° 55' 00" WET 138.00 FEET, NORTH 5° 56' 18"WEST 34.29 FEET, NORTH 59° 17' 00" WEST 35.39 NORTH 39° 00' 00" WEST 40.50 FEET, NORTH 29° 53' 00" WEST 121.50 FEET, NORTH 6° 12' 00" EAST 8.50 FEET, NORTH 340 22° 00" WEST 103.50 FEET, NORTH 39°57' 00" WEST 40.00 FEET, NORTH 47'35' 00" WEST 57.75 FEET, AND NORTH 390 48' 44" WEST 47.00 FEET TO THE POINT OF BEGINNING. PARCEL 9: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY ET AL VS BENT, ET AL, CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE IN AND FOR SAID COUNTY, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO PENN LAND CO., ET AL., RECORDED ON JULY 6, 1956 AS INSTRUMENT NO. 2266, IN BOOK 51659 PAGE 148 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 50°11' 26" WEST 859.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 74° 50' 00" EAST 226.76 FEET; THENCE SOUTH 15° 10' 00"WEST 104.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 190 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 790 43' 30" AN ARC DISTANCE OF 264.38 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 64° 33' 30" EAST 328.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 635 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 86° 54' 00" AN ARC DISTANCE OF 963.10 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE, SOUTH 22° 20' 30" WEST 110.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 610 FEET; THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 90 29° 50" AN ARC DISTANCE OF 101. 1 EET; THENCE TANGENT TO SAID LAST MENTIONED CURVE 18 99 0480301. 90 0 9820150-52, SD, AE -November 5, 1998 SOUTH 31 : 50' 20" WEST 163.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 200 FEET; THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 14° 54' 10" AN ARC DISTANCE OF 52.02 FEET; THENCE RADIAL TO SAID LAST MENTIONED CURVE, NORTH 73° 03' 50" WEST 142 FEET; THENCE NORTH 89° 58' 00" WEST 495.62 FEET TO THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE FOLLOWING SAID ORDINARY HIGH TIDE LINE IN A GENERAL NORTHERLY DIRECTION TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 51659 PAGE 148 OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 50: 11' 26" EAST 427.93 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 10: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY ET AL VS BENT, ET AL, CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE IN AND FOR SAID COUNTY, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO PENN LAND CO., ET AL., RECORDED ON JULY 6, 1956 AS INSTRUMENT NO. 2266 IN BOOK 51659 PAGE 148 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CORNER BEING A POINT IN THE SOUTHWESTERLY LINE OF PALOS VERDES DRIVE WEST AS DESCRIBED IN THE DEED TO SAID COUNTY OF LOS ANGELES RECORDED IN BOOK 11403 PAGE 86 OF SAID OFFICIAL RECORDS, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 3575.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVED SOUTHWESTERLY LINE OF PALOS VERDES DRIVE WEST 1097.36 FEET TO THE END OF SAID CURVE; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE TANGENT TO SAID CURVE SOUTH 23° 29' 54" EAST 1606.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 64° 08' 20" WEST 214.87 FEET; THENCE NORTH 25° 51' 40" WEST 40.00 FEET; THENCE SOUTH 64° 08' 20" WEST 155.58 FEET; THENCE SOUTH 25° 25' 20" EAST 47.71 FEET; THENCE SOUTH 64° 34' 40" WEST 164.00 FEET; THENCE NORTH 25° 25' 20" WEST 48.79 FEET; THENCE SOUTH 64° 38' 10" WEST 214.54 FEET; THENCE NORTH 25° 21' 50" WEST 10.00 FEET; THENCE SOUTH 64° 38' 10" WEST 115.00 FEET; THENCE SOUTH 69° 14' 00" WEST 160.31 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 800 FEET, A RADIAL LINE TO THE BEGINNING OF SAID LAST MENTIONED CURVE BEARS NORTH 69° 14' 00" EAST; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 18° 58' 33" AN ARC DISTANCE OF 264.95 FEET; THENCE RADIAL TO SAID LAST MENTIONED CURVE SOUTH 88° 12' 35" WEST 373.74 FEET TO THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE FOLLOWING SAID ORDINARY HIGH TIDE LINE IN A GENERAL SOUTHERLY DIRECTION TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 51659 PAGE 148 OF SAID OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED, NORTH 82° 30' 35" EAST 1727.14 FEET TO THE WESTERLY LINE OF PALOS VERDES DRIVE WEST AS DESCRIBED IN SAID DEED RECORDED IN BOOK 11403 PAGE 86 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY AND SOUTHWESTERLY LINES, NORTHERLY ALONG A CURVE THEREIN CONCAVE WESTERLY HAVING A RADIUS OF 725 FEET AN ARC DISTANCE OF 677.80 FEET AND TANGENT TO SAID LAST MENTIONED CURVE NORTH 23° 29' 54" WEST 991.79 FEET TO THE TRUE POINT OF BEGINNING. l 99 045Q301 EXHIBITS 'B' and 'C' RESOLUTION NO. 92-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS vraiDES CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 35 AND MAKING LERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH VESTING TENTATIVE TRACT MAP NO. 46628, CONDITIONAL USE PERMIT NO. 158, COASTAL PERMIT NO. 94 AND GRADING NO. 1439 FOR A 79 LOT RESIDENTIAL PLANNED DEVELOPMENT LOCATED ON THE .NORTHWEST CORNER OF PALOS VERDES DRIVE WEST AND HAWTHORNE BOULEVARD. WHEREAS, H.M.D.I, Inc. has requested approval of a Vesting Tentative Tract Map, Conditional Use Permit, Coastal Permit and Grading Permit to allow a Residential Planned Development (RPD) on a 132 acre site located on Palos Verdes Drive West, northwest of Hawthorne Boulevard; and WHEREAS, a Draft Environmental Impact Report was prepared and circulated for 45 days from September 6, 1991 to October 23, 1991, in order to receive written comments on the adequacy of the document from responsible agencies and the public; and WHEREAS, the Planning Commission held a public hearing on October 22, 1991 in order to receive public testimony on the Draft Environmental Impact Report, at which time all interested parties were given an opportunity to address the Planning Commission; and WHrAEAS, a Final Environmental Impact Report was prepared, including written responses to all comments that were received on the Draft Environmental Impact Report during the circulation period, a mitigation monitoring program, a statement of overriding considerations and all Planning Commission staff reports, which was provided to the Planning Commission on January 14, 1992 and the Planning Commission considered the content and conclusions contained in the Final Environmental Impact Report at the hearing of January 14 and February 5, 1992, prior to recommending certification of Environmental Impact Report No. 35 to the City Council; and WHEREAS, the City Council considered the content and conclusions contained in Environmental Impact Report No. 35 at the public hearing held on March 3, 1992. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 99 0480301 Section 1: The EIR identifies as a potential significant environmental impact the cumulative effect of urban runoff from the project on the local marine environment, when combined with other area urban runoff. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this cumulative impact. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations will be adopted as discussed in Section 13. Prior to the issuance of grading permits, the developer will be required to submit a Runoff Management and Water Quality Plan for review and approval by the City's Director of Public Works, with concurrent submittal to the State Lands Commission. In addition, the on-site drainage system will be designed to reduce suspended particles carried in the urban runoff through the installation of stable drainage structures prior to discharging the water into the rocky intertidal zone at ocean level. Section 2: The EIR identifies as a potential significant environmental impact the effect of short-term construction activities on air quality, due to fugitive dust generated by grading activity and air pollutants generated by heavy equipment and construction vehicle use which would exceed SCAQMD emission thresholds. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations will be adopted as discussed in Section 13. The developer will implement a variety of measures to reduce fugitive dust and air pollutants, such asa regular site, watering program, covering access roads with gravel, limiting on-site vehicle speeds during construction, periodically sweeping the public streets in the vicinity, using low sulfur fuels and following all SCAQMD and Air Resources Board requirements for dust control. Section 3: The EIR identifies as a potential significant environmental impact the cumulative effect of air emissions associated with stationary and mobile sources, such as residential heating and cooling systems and resident and visitor vehicle trips to and from the development. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations has been adopted as discussed in Section 13. The developer will make improvements to the intersection of Palos Verdes Drive West and Hawthorne Boulevard to allow through or left turns in order to mitigate future traffic impacts, which will result in a Level of Service C for the weekend peak hour. f 4 99 045030' Resolution No. 92-25 Page 2 of 6 Section 4: The Draft EIR identifies as a potential significant environmental impact the effect of the original 93 lot tract map design on common and uncommon biological resources, including a wetlands area and the territory of a resident pair of California gnatcatchers. Changes or alterations have been required in, or incorporated into the revised 79 lot tract map design which avoid or substantially lessen this impact to an insignificant level. The existing wetlands area, coastal sage scrub habitat of the California gnatcatcher and the coastal bluff scrub habitat areas have been preserved within common open space lots. In addition to preserving the existing habitat areas on the site, the developer will implement a coastal sage scrub re -vegetation and habitat improvement plan which will be reviewed and approved by the U.S. Fish and Wildlife Service. Grading of the project site will not be conducted during the breeding season of the California gnatcatcher in order to minimize disturbance to the birds. In order to protect the sensitive coastal bluff and marine habitat areas, human access to the sensitive coastal bluff scrub will be reduced by installing an open guardrail along the bluff top and urban runoff and siltation will be controlled with stable. drainage structures which prevent erosion and reduce suspended particles prior to discharge into the rocky intertidal zone at ocean level. Section 5: The EIR identifies as a potential significant environmental impact the effect of short-term construction activities on off-site noise levels, due to an estimated eight month site preparation phase and eighteen month construction phase. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations will be adopted as discussed in Section 13. The developer will provide on-site staging areas to minimize off- site transportation of heavy construction equipment, which will be located to maximize the distance between the activity area and adjacent residential areas. The City Engineer will review and approve all truck and equipment routes to minimize the number of affected residential areas for all construction personnel travelling to and from the project site. Section 6: The EIR identifies as a potential significant environmental impact the effect of long-term increases in off- site noise levels which are currently in excess of state noise guidelines for residential land uses due to vehicular traffic on Palos Verdes Drive West. However, it is not possible to reduce or eliminate this impact. Furthermore, a statement of overriding considerations will be adopted as discussed in Section 13. 99 0480301 Resolution No. 92-25 Page 3 of 6 1)1 Section 7: The EIR identifies as a potential significant environmental impact the effect of the proposed project on water service due to the current drought situation. However, it is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations will be adopted as discussed in Section 13. Landscape and irrigation plans for the public and common open space areas will incorporate a variety of water conservation measures such as drought tolerant plant material, low -flow irrigation systems and a minimum use of lawn. Individual property owners will be required to include interior water conservation measures in household plumbing devices and appliances. Section 8: The Draft EIR identifies as a potential significant environmental impact the effect of the original 93 lot tract map design on visual resources, including views of the bluff top, ocean and the Point Vicente Lighthouse from Palos Verdes Drive West and the residential area to the east of the subject property. Changes or alterations have been required in, or incorporated into the revised 79 lot tract map design which avoid or substantially lessen this impact to an insignificant level. Residential structures located nearest to Palos Verdes Drive and the coastal bluff top will be limited to a maximum height of 16 feet, where two story homes are permitted, the second story floor area will be limited to reduce the visual effect of the higher building mass and create wider visual corridors between adjacent homes and common area landscaping adjacent to Palos Verdes Drive West will be limited to groundcovers and small shrubs. Section 9: A mitigation monitoring program has been prepared for the proposed project to ensure that the mitigation measures incorporated into the project will be properly implemented. Exhibit "A" hereto contains the mitigation monitoring program approved by the City Council, pursuant to the California Environmental Quality Act and which is incorporated herein by reference. Section 10: In addition to the mitigation measures required in the EIR, other development measures have been identified and are incorporated in Exhibit "A". The developer and individual property owners are encouraged to implement these development measures to further reduce other environmental impacts which were identified in the EIR, but were not found to be significant. Section 11: In addition to the mitigation measures required in the EIR, other mitigation measures appeared in the Draft EIR for the original 93 lot tract map design. Upon evaluation of the revised 79 lot tract map design, these mitigation measures were found to be no longer necessary or applicable, as the new tract map design avoids the impacts associated with these 99 0480301 Resolution No. 92-25 Page 4 of 6 measures, that would have resulted from the original design. The mitigation measures that no longer apply to the revised tract map design are referred to in Exhibit "A". Section 12: The EIR examined eight project alternatives: the No Project alternative, six alternative site configurations and one alternative site location. The EIR concluded that the environmentally superior alternative was Alternative 1, the No Project alternative, since it generates the least environmental impacts. As required by CEQA, if the No Project alternative is selected as the environmentally superior project, then a second alternative must be selected. After the No Project alternative, the second environmentally superior project was determined to be Alternative 3, a reduced density, single family alternative with 70 residential lots. The City Council rejected the No Project alternative as infeasible, as defined in CEQA Section 15364, since it would not further the goals of the Coastal Specific Plan to provide public recreational amenities and adequate public access along the coastline. Although Alternative 3 resulted in fewer single family residential lots, the City Council also rejected this alternative since the proposed tract design would not provide a bluff road, protect view corridors or preserve sensitive habitat areas on the site. Therefore, the City Council finds that the preferred alternative is the revised 79 lot tract map design, since it complies with the goals of the Coastal Specific Plan and reduces the impacts to biological and visual resources identifies in the EIR to an insignificant level. Section 13: The recreational amenities, hydrological benefits and housing opportunities provided by the project outweigh any unavoidable adverse impacts that may occur. Public recreational amenities including the provision of vehicular access to the coastline, public parking, dedicated trails, vista points and passive recreational opportunities which are not currently available on the site. Hydrologic improvements include correcting existing drainage deficiencies on the site which have caused severe erosion in the past. In addition, the project implements the RS-1/RPD designation of the site in the General Plan and Coastal Specific Plan, providing a high quality residential development while preserving 53% of the site as open space, including sensitive habitat areas. Exhibit "B" hereto contains findings regarding the environmental effects and a statement of overriding considerations, pursuant to the California Environmental Quality Act, which has been reviewed by the City Council and incorporated herein by this reference. Section 14: That Environmental Impact Report No. 35, which has been reviewed by the City Council, includes the documents titled Final Environmental Impact Report No. 35, Draft Environmental Impact Report No. 35, the list of persons and organizations consulted by the City upon the completion of the Resolution No. 92-25 99 0480301 Page 5 of 6 Draft EIR, any comments received, the written responses to the comments receivedand all staff reports that were prepared for the Planning Commission and City Council. Section 15: For the foregoing reasons, and based on the information and findings contained in the public record, including the Draft and Final Environmental Impact Report, staff reports, minutes, records of the proceedings and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes has reviewed and considered the information contained in the Draft and Final Environmental Impact Reports and hereby -finds that said documents were completed in compliance with California Environmental Quality Act and State and local guidelines and hereby certifies Environmental Impact Report No. 35. PASSED, APPROVED and ADOPTED this 17th day of March, 1992. /S/ JOHN C. McTAGGART MAYOR ATTEST: aJO PURCELL TY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) I , , Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 92-25 was duly and regularly passed and adopted by the said City Council at a regular meeting hereof held on March 17, 1992. CITY CLERK, CITY OF RANCHO PALOS VERDES Resolution No. 92-25 Page 6 of 6 99 0480301' RESOLUTION NO. 92-25 EXHIBIT "A" MITIGATION MONITORING PLAN for VESTING TENTATIVE ii(ACT 46628 MARCH 17, 1992 Prepared for: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90274 Prepared by: Impact Sciences, Inc. 267 West Hillcrest Drive, First Floor Thousand Oaks, CA 91360 Reviewed by: Myra Frank and Associates 811 West Seventh Street, Suite 800 Los Angeles, CA 90017 99 0480301' TABLE OF CONTENTS '3 Stction Page No, 1.0 Introduction 1 r 2.0 Mitigation Monitoring Plan 2 3.0 Non -Conformance Penalty 25 4.0 Monitoring Compliance/Reporting Forms 26 5.0 Development Measures and Mitigation Measures No Longer Applicable 28 99 0480301' (e 1.0 INTRODUCTION Section 21081.6 of the California Public Resources Code requires public agencies who have prepared an environmental impact report(EIR) or mitigated negative declaration (MND) for a project, to adopt a mitigation monitoring or reporting program for that project. The purpose of the mitigation monitoring effort is to ensure that the measures identified in the EIR or MND to mitigate the potentially significant environmental effects of the project are, in fact, properly carried out. In its findings concerning the environmental effects of a project for which an EIR or MND was prepared, a Lead Agency must also include a finding that a mitigation monitoring or reporting program has been prepared and provides a satisfactory program that will ensure avoidance or sufficient reduction of the significant environmental effects of the project. The following mitigation monitoring plan provides a single reference point for all entities who will be involved in the implementation of the measures identified in the Final EIR for Vesting Tentative Tract 46628 (State Clearinghouse Number 91031057), which would mitigate the potentially significant environmental effects of this project. It will serve as the "guidebook" for the City of Rancho Palos Verdes and the project applicant to ensure that all of these measures are properly implemented, at the proper time. Several measures listed in the Final EIR do not appear in this plan, since they are not required to mitigate potentially significant effects, but would help to reduce the overall magnitude of certain impacts that would further general environmental quality objectives. Such measures are referred to by the City of Rancho Palos Verdes as "Development Measures, " which the subdivider is encouraged to implement, but which do not require formal monitoring or enforcement to prevent a significant impact on the environment. A list of these measures is presented in Section 5.0. Also, several other mitigation measures originally identified in the Draft EIR have been deleted entirely, as they are no longer necessary due to the avoidance of certain impacts in the revised 79 -lot tract map design. These measures are also listed in Section 5.0. EXHIBIT 1 99 04803Q]' 2.p MIlIGATION MoNhb01G PLAN 99 0480301 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts 6-2 GEOTECHNICAL he geology report prepared for this eject by Karl Vonder Linden, Ph.D. ovember, 1989) entitled Geology of VMs Rancho Palos Verdes Venture 1 C.ircel. City of Rancho Palos Verdes (Appendix C) has identified some small portions of the bluff edge as being unsuitable for development. However, the report concludes that the majority of the site is stable and suitable for the type of development that is proposed, with proper mitigation measures, and that the proposed subdivision plan is located completely landward of the coastal setback line, outside of the seacliff area. • 1. Mitigation Measures and Conditions of Approval Grading practices shall follow those recommended in Chapter 70 of the Uniform Building Code (UDC) and the current standards of the City of Rancho Palos Verdes. 2. Grading shall be performed under the direct supervision of a Certified Engineering Geologist or a Registered Civil Engineer. 3. Compaction of all fills shall be inspected in the field by a trained soil technician using currently accepted testing methods. 4. Where old fill (1972 vintage) exists in areas to be graded, these materials shall be inspected for integrity, and if and where these units are determined to be unsatisfactory, they shall be removed and recompacted. 5. All lots shall be graded so that water drains away from structures. Monitoring Action Ilan Check, Field Inspection Field Inspection Field Inspection Field Inspection Ilan Check, Field Inspection Party Responsible for 1. Implementing 2. Mitigation 3. Enforc ement Agency Monit :ring Agency Monitoring Phase Subdivider 1. City ( f Rancho Palos Verdes 2. City ( 1 Rancho l'alos Verdes 3. Cradi ig plan check; grading Subdivider 1. City ,f Rancho Palos Verdes 2. City .1 Rancho Palos Verdes 3. Grail ng Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho l'alos Verdes 3. Grading Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading plan check; grading EXHIBIT "A" RESOL. NO. 92-25 Page 3 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page "Jo. Description of Adverse Impacts • GEOTECHNICAL (cont.) Mitigation Measures and Conditions of Approval 6. All vegetative material and loose soil shall be removed from the affected areas prior to the placing of any fill. Monitoring Action Field Inspection 7. The area of soil -piping and Field Inspection collapse in the southeastern part of the property shall. be mitigated prior to or during grading. 8. Expansive soils shall be identified and grading shall be staged so as to minimize their effects. F=oundation designs shall incorporate appropriate measures to counteract any expansive soil characteristics. 9. Transition (cut -fill) lots shall be over excavated and back-filled with engineered fill as necessary. 10. No oversteepened or unstable slope shall be created by grading. Plan Check, Field Inspection Field Inspection Plan Check, Field Inspection Party Responsible for 1. Implementing 2. Mitigation 3. Subdivider 1. 2. 3. Subdivider 1. 2. 3. Enforcement Agency Monitoring Agency Monitoring Phase City of Rancho Palos Verdes City of Rancho Palos Verdes Grading City of Rancho Palos Verdes City of Rancho Palos Verdes Crading Subdivider 1. City of Rancho Palos Verdes 2 City of Rancho Palos Verdes 3. Crading and building plan check; field inspection Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Crading plan check; field inspection Page 4 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 El R Page No. Description of Adverse Impacts 6-2 GEOTECHNICAL (cont.) • • Mitigation Measures and Conditions of Approval 11. An erosion control plan shall be prepared by the subdivider and lie subject to app.roval app1oued by the City Engineer, which shall include, but not be limited to, sand bags, construction of temporary berms and ditches, placement of temporjny pipes, temporary use of plastic or gunite linings, etc. The plan shall specify when and where sand bags and other control devices are to be in place, the stockpiling of bags and other items, and any other control measures as specified by the City Engineer. 12. "As- graded" soils and geologic maps shall be prepared by a Registered Civil Engineer, at the termination of grading, and submitted to the City's Building Official, to be placed on file in the City's Building and Safety Department. 13. No blasting or rock -crushing activities shall be permitted. Monitoring Action Plan Check, Field Inspection Verify receipt of maps Ilan Check, Field Inspection EXHIIBIT "A" I'a rty Responsible for Implementing Mitigation Subdivider Subdivider Subdivider 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase 1. City of Rancho Palos Verdes 2. City of Rancho Palos V..rdes 3. Crading plan check; field inspection 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Post -gradin 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading plan check; held inspection RESOL. NO. 92-25 Pap. 5 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page Description of Adverse Impacts 06 HYDROLOGY Construction of the proposed project would result in increased on-site peak discharges during a design -year storm which would be channeled from the project site to the Pacific Ocean. The increased runoff and types of storm drainage facilities proposed as part of this project would have no adverse or significant on-site or off-site impacts if the facilities are designed to accommodate upstream flows in accordance with Los Angeles County Flood Control District and City Engineer criteria and if the recommended mitigation measures are properly implemented. Mitigation Measures and Conditions of Approval 14. All stormwater conveyance systems proposed on the project site and in t'alos Verdes Drive shall be designed in accordance with the most current standards and criteria of the City Engineer and the Los Angels County Flood Control District. 15. Prior to the issuance of grading permits, the subdivider shall submit Runoff Management and Water Quality Control Plans, for review and approval by the City of Rancho Palos Verdes Director of Public Works: These plans shall include a variety of measures intended to mitigate the effects of erosion, siltation, urban runoff, and flooding, relative to both on and off-site impacts. The subdivider will provide a copy of these plans to the State Lands Commission, coincident with the submittal to the City of Rancho Palos Verdes. Monitoring Action Ilan Check Ilan Check Party Responsible for 1. Implementing 2. Mitigation 3. Subdivider 1. 2. 3. Enforcement Agency Monitoring Agency Monitoring Phase City of Rancho Palos Verdes City of Rancho Palos Verdes Storm Drain System I'tan Check Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Storm Drain System Plan Check Page 6 99 0480301' cc) MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts 6-46 1 IYDROLOGY (cont.) • • Mitigation Measures and Conditions of Approval 16. 1f it is found that the on-site swale near the southern boundary of the project site has inadequate capacity to handle upstream and project site flows during a design - year storm, the swale shall be improved to handle these flows prior to issuance of project building permits. 17. All building pads shall be elevated at least twelve inches (or as recommended by the City of Rancho Palos Verdes) above their immediately surrounding finished grade to protect them from overland storm flows. 18. The rear yard storm drains and drainage easements shall be dedicated to the City of Rancho Palos Verdes and remain accessible for periodic maintenance by responsible agencies. Monitoring Action Ilan Check, Field Inspection Plan Check, Field Inspection Ilan Check, Field Inspection EXHIBIT "A" Party Responsible for 1. implementing 2. Mitigation 3. Subdivider 1. 2. 3. Enforcement Agency Monitoring Agency Monitoring Phase City of Rancho Palos Verdes City of Rancho Palos Verdes Storm Drain System flan Check, Field Inspection Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading plan check; field inspection Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes (easements), 1lomeowners Association (maintenance) 3. Final Map Check, Post Development and ongoing RESOL. NO. 92-25 Page 7 99 0480301 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts Conditions of Approval Mitigation Measures and 4,46 HYDROLOGY (cont.) 19. CC&Rs shall be prepared by the subject to approval subdivider,,ap-pFciued--by the Director of Public Works and recorded with the Final Map which includes, among other provisions, a condition requiring all owner/tenants of lots where stormwater flows to rear yards, to prevent obstruction to flows to the rear yard storm drain and to ensure that the rear yard storm drains remain accessible for periodic maintenance by Los Angeles County Department of Public Works. 20. CC&&Rs shall be prepared by the subdivider, approved by the Director of Public Works and recorded with the final snap, which include, among other provisions, the requirement that maintenance responsibility for the downdrain outlet structure shall be by the on-site homeowners association. Monitoring Action Check Final Map Check Final Map Party Responsible for 1. Implementing 2. Mitigation 3. Subdivider 1. 3. Subdivider Enforcement Agency Monitoring Agency Monitoring Phase Homeowners Association (maintenance) City of Rancho Palos Verdes (easements) Final Map Check 1. Homeowners Association 2. City of Rancho Palos Verdes 3. Final Map Check Page H MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts 6-46 HYDROLOGY (cont. ) • • Mitigation Measures and Conditions of Approval 21. If necessary, improvements shall be made to Palos Verdes Drive West to ensure that it can retain surface flows during a 50 -year frequency storm so that no water overflows the street onto lots fronting onto Palos Verdes Drive West. 22. In accordance with Section 16(X) et. Seq. of the California Fish and Game Code, the State Department of Fish and Game shall be notified and any necessary permits obtained, prior to commencement of grading or vegetation removal within the major drainage courses crossing the project site. 23. Pursuant to Section 404 of the Federal Clean Water Act, the applicant shall contact the U.S. Army Corps of Engineers, prior to commencement of grading, to determine their jurisdiction and permit requirements, if any, relative to alteration of the on- site drainage areas. Monitoring Action Check Storm Drain Plans Party Responsible for 1. Implementing 2. Mitigation 3. Subdivider 1. 2. 3. Enforcement Agency Monitoring Agency Monitoring Phase City of Rancho Palos Verdes City of Rancho Palos Verdes Storm Drain Plan Check Verify receipt of 1603 Subdivider 1. California Department of Fish Permit and Came 2. City of Rancho Palos Verdes 3. Grading plan check Verify compliance with Subdivider Army Corps requirements EXHIBIT "A" RESOL. NO. 92-25 1. U.S. Army Corps of Engineers 2. City of Rancho I'alos Verdes 3. Grading plan check Page 9 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts e5 AIR QUALITY Short-term air quality in the form of fugitive dust generated by grading activity and air pollutants generated by heavy equipment and construction vehicle use would exceed SCAQMD emission thresholds. Long-term emissions associated with project traffic would not be significant. Mitigation Measures and Conditions of Approval 24. Implement a regular watering program to reduce fugitive dust. Water graded portions of the project site once during the work day and at the end of the work day to create a "crust" surface. This is estimated to reduce the amount of dust generated by up to 50 percent. 25. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (i.e., Santa Ana winds 30 mph or greater in one hour). 26. Cover site access roads with gravel during all construction periods. 30. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 32. Use low sulfur fuel (0.05 percent by weight) for construction equipment. Monitoring Action Field Inspection Field Inspection Field Inspection Field Inspection Verify Fuel Mix Party Responsible for 1. Implementing 2. Mitigation 3. Enforcement Agency Monitoring Agency Monitoring Phase Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Crading Subdivider 1. City of Rancho !'ales Verdes 2. City of Rancho Palos Verdes 3. Grading Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading, site preparation Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading site preparation Page 10 I "*. MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page Mitigation Measures and No. Description of Adverse Impacts Conditions of Approval 6-65 AIR QUALITY (cont.) 34. Discontinue grading during second Field Inspection stage smog alerts. Monitoring • Long term emissions generated by both mobile and stationary sources would not exceed SCAQMD emission thresholds. Since the project site is located within a non -attainment airshed, however, the City considers any long-term increase in emissions to be .t significant impact on local air quality. • 35. Follow all County of Los Angeles, SCAQMD, and Air Resources Board (ARD) requirements for dust control to ensure the proper and appropriate level of mitigation is applied at all times. 37. Implement all transportation improvement measures identified in Section 6.7 (Traffic and Circulation) of this EIR, • The intersection of Palos Verdes Drive and Hawthorne Boulevard is the only one of the three studied intersections requiring mitigation. Modification of the westbound through lane to allow through or left turns would mitigate future traffic impacts with or without proposed development. Implementation of this measure would result in Level of Service C (with a volume to capacity ratio of 0.76) for the weekend peak hour. Field Inspection Party Responsible for Implementing Mitigation Subdivider Siibdsysder Street Improvements Subdivider Plan Check, Field Inspection to Hawthorne Boulevard 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Grading 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Street Improvements flan Check, Site Preparation EXHIBIT "A" RESOL. NO. 92-25 Page 11 MITIGATION 1VIONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impatts 41-102 BIOLOGICAL RESOURCES Implementation of the project as proposed would result in. the elimination of both common and uncommon biological resources including the territory of a resident pair. of California gnatcatchers, a very rare and sensitive species. Mitigation Measures and Conditions of Approval 45. Utilize plant species native to the area in landscaping, wherever feasible. Plant species shall be selected from a list recommended by the South Coast Chapter of the California Native Plant Society. This would offset the loss of native vegetation incurred by implementation of the project, and also would serve to increase the usefulness of the site for local wildlife. Monitoring Action Review Landscape Plan 46. In the open space area of the site Verify approval of plan currently being used by the by USFWS California gnatcatcher (Lot 80 on the revised 79 -lot tract map), a revegetation and habitat improvement plan shall be implemented as -seen -as -possible, prior to the issuance of grading permits focusing on the habitat preferences of the California gnatcatcher. This plan shall be reviewed and approved by the U.S. Fish and Wildlife Service prior to implementation. The Service shall determine the total acreage to be included in the restoration area. Native shrub Party Responsible for Implementing Mitigation Subdivider 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase 1. City of Rancho Palos Verdes 2 City of Rancho Palos Verdes 1 Landscape Plan Check Subdivider 1. USFWS 2 City of Rancho Palos Verdes 3. Landscape Plan Check Page 12 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 El Page No. Description of Adverse Impacts 6-102 BIOLOGICAL RESOURCES (cont.) Mitigation Measures and Conditions of Approval Party Responsible for 1. Enforcement Agency Monitoring Implementing 2. Monitoring Agency Action Mitigation 3. Monitoring Phase species, particularly California sage (Arteinesia californica) shall be used as a primary component of this revegetation effort. The habitat should be provided in contiguous blocks, rather than linear strips, a minimum of 3.873 acres in size. Provisions to prevent erosion and control weeds shell be included in the revegetation plan. Structural characteristics of the plantings would be based on the characteristics of the area presently used by the gnatcatchers. Measures to control predators, barriers to human access, noise and light shields and other appropriate means of avoiding or minimizing human disturbance shall also be included, along with provisions for periodic monitoring to ensure ongoing habitat protection. This program should be implemented as.soon-as-possible.I,r for to the Issuance of grading permits EXHIBIT "A" RESOL. NO. 92-25 I'age 13 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page ' Jo. Description of Adverse Impacts `Z BIOLOGICAL RESOURCES (cont.) Mitigation Measures and Conditions of Approval 47. Grading of the proposed project site shall not be conducted during the breeding season of the California gnatcatcher (April - June) in order to minimize disturbance to the birds, provided that a breeding pair is present on the sire during this season. In order to determine if the birds are present, a qualified biologist shall conduct monitoring visits to the site beginning in raid -April to determine if a breeding pair is present. If no breeding pair has been identified by mid-May, two weeks after the latest known breeding date on this site, grading operations will be allowed to proceed. If a breeding pair is identified, no grading will be allowed until two weeks after fledging of the chicks, as determined by the monitoring biologist. In no case shall grading he permitted habitat area, 49. Preserve and maintain 2.95 acres Check Final of wetlands area in the permanent open space in the northeast corner of the site (Lot 83 of revised 79 -lot tract map) and provide and maintain an appropriate water source for this area. Monitoring Action Field Inspection Map and Storm Drain Plan; periodically check water source Party Responsible for Implementing Mitigation City of Rancho Palos Verdes 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase 1. USFWS 2 City of Rancho Palos Verdes 3. April -mid-May within the identif led gnatcatcher Subdivider 1. City of Rancho Palos Verdes Z City of Rancho Palos Verdes 3. Final Map Check, semi- annually post development Page 11 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts 6-102 BIOLOGICAL RESOURCES (cont.) • • Mitigation Measures and Conditions of Approval 50. Reduce human access to sensitive coastal bluff scrub by installing an open, guardrail structure along the bluff edge. This would prevent direct pedestrian access to the bluff area and would also slow erosion by reducing the number of footpaths down the bluff face, without affecting the movement of wildlife to and from the bluff areas. An open, rather than solid, structure would permit ocean views through the fence. 51. Effects of urban runoff and siltation generated by the developed project site shall be controlled with stable drainage structures which prevent erosion and by directing urban runoff into the natural drainages or special detention basins within the largest open space area (Lot 82 of the revised 79 -lot tract map) that filter and slow the runoff via sediment, traps, energy dissipators, dry ponds, etc., prior to discharge into the rocky intertidal zone at ocean level. Monitoring Action Ilan Check, Field Inspection Ilan Check, Field Inspection EXHIBIT "A" Party Responsible for 1. Implementing 2. Mitigation 3. Subdivider 1. 2. 3. Enforcement Agency Monitoring Agency Monitoring Phase City of Rancho Palos Verdes City of Rancho Palos Verdes Site Plan Check; site preparation Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho I'alos Verdes 3. Storm drain improvements plan check; site preparation RESOL. NO. 92-25 1'ag( 15 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page '`to. Description of Adverse Impacts fp NOISE Implementation of the proposed project would result in unavoidably significant off-site construction noise impacts for the eight-month site preparation phase and the 18 month construction phase. • Mitigation Measures and Conditions of Approval 54. Staging areas shall be provided on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between activity and existing residential areas. 55. Truck/equipment routes that travel through a minimum number of residential areas shall be designated by the City Engineer and followed by all construction personnel travelling to and from the project site. Monitoring Action Pre -Construction Conference, Field Inspection Check contractor specifications Party Responsible for Implementing Mitigation Subdivider 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Pre -grading, grading Subdivider 1. City of Rancho Palos Verdes 2. ' City of Rancho Palos Verdes 3. Grading plan check Page I t, 1,r;s1 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 RIR Page No. Description of Adverse Impacts 6-183 TRAFFIC AND CIRCULATION Prosect -generated traffic would not e►sult in any significant adverse traffic impacts 10 local or regional roadways, intersections, or the local circulation system, i( the westbound through lane at Palos Verdes Drive West/Ilawtliorne Boulevard is modified to allow optional through movements and left turns. This modification would involve lane restripsng only. 6-2117 FIRE PROTECTION Implementation of the revised 79 -unit single-family residential 0 development would increase the development density and the human population on the proposed project site. This would result in an increase in the potential for fire occurrence and the potential for loss of life. Mitigation Measures and Conditions of Approval 58. The intersmtion of Palos Verdes Drive and Hawthorne Boulevard is the only one of the three studied intersections requiring mitigation. Modification of the westbound through lane to allow through or left turns would mitigate future traffic impacts with or without proposed development. Implementation of this measure would result in Level of Service C (with a volume to capacity ratio of 0.76) for the weekend peak hour. a t this Intertier-t1on, Monitoring Action Cited( street improvement plans, field inspection 59. Prior to the recordation of the Final Map the subdivider shall demonstrate to the Director of Environmental Services that all County of Los Angeles Fire Department requirements pertaining to subdivision design and the water system,have been met. Review evidence of satisfaction of Fire Department requirements. EXHHIBIT "A" Party Responsible for Implementing Mitigation 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase Subdivider 1. City of Rancho Palos Verdes 2. City of Rancho I'alos Verdes 3. Street improvement Ilan check; site preparation Subdivider 1. City of Rancho I'alos Verdes 2. City of Rancho Palos Verdes 3. Final Map check RESOI.. NO. 92-25 Page 17 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts .7 WATER SERVICE Construction of the proposed project would require the extension of water service to the project site in order to meet a total estimated water demand of 28.8 acre-feet per year (AFY). While the CWSC has indicated that this project would not significantly impact its water supplies, the continuing drought conditions represent great uncertainty with respect to future water supplies. The City, therefore, considers any increase in water demand at this time to be a significant impact on local water supplies. . Mitigation Measures and Conditions of Approval 62. The City shall ensure that construction plans and specifications for all proposed homes shall include the following interior water conservation measures for the following plumbing devices and appliances: • reduce water pressure to 50 pounds per square inch or less by means of a pressure - reducing valve • install water -conserving clothes washers • install water -conserving dishwashers and/or spray emitters that are retrofitted to reduce flow • install one -and -one-half gallon, ultra-low flush toilet Monitoring Action Party Responsible for 1. Implementing 2. Mitigation 3. Enforcement Agency Monitoring Agency Monitoring Phase Check individual home l-iomebuitders 1. City of Rancho Palos Verdes plans and specifications 2 City of Rancho Palos Verdes 3. !tome plan check Page 1H 99 0480301' MITIGATION MONITORING PLAN Vesting Tentative Tract 96628 EIR Page No. Description of Adverse Impacts 6-227 WATER SERVICE (cont.) • • Mitigation Measures and Conditions of Approval 63. Landscaping and irrigation plans for the public and common open space areas shall be submitted by the developer and appuvatik.by subject the Director of Environmental Services, prior to the issuance of grading permits. Said plans shall incorporate, at a minimum, the following water conservation measures: Monitoring Action Check landscape and irrigation plans • low water -demand plants • minimum use of lawn or, when used, installation of warm season grasses • grouped plants of similar water demand to reduce over - irrigation of low water demand plants • extensive use of mulch in all landscaped areas to improve the soil's water -holding capacity • drip irrigation, soil moisture sensors, and automatic irrigation systems • use of reclaimed wastewater, stored rainwater or grey water for irrigation EXHIBIT "A" Party Responsible for 1. Implementing 2. Mitigation 3. to approval Subdivider Enforcement Agency Monitoring Agency Monitoring Phase 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Prior to grading permits RESOL. NO. 92-25 rage 19 99 0480301 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page Description of Adverse Impacts 411 WATER SERVICE (cont.) G -24-I SEWER Construction of the proposed project would result in the generation of approximately 0.02 million gallons per day (MGD) of wastewater, which would be treated at the Joint Water Pollution Control Plant. At the present time, the sewerage infrastructure which serves the project site has adequate capacity to accommodate the proposed project. Cumulative development activities will require incremental expansions of the wastewater collection and treatment systems, which are dependent upon an adequate financing program. Mitigation Measures and Conditions of Approval 64. The applicants shall contact the Department of Water Resources for information on other water conservation techniques which could be incorporated into the project design. Evidence of compliance with such other recommendations shall be submitted to the Director of Environmental Services, prior to the issuance of building permits. 65. If, at the time occupancy permits are requested by the developer, there is inadequate treatment plant capacity to service the proposed project, the occupancy • permits shall be withheld until adequate capacity to serve the proposed project is ensured. 66. Prior to recordation of the Final Map, the developer shall annex the project site to the Consolidated Sewer Maintenance District, of the Los Angeles County Department of Public Works. Monitoring Action Verify compliance with DWP water conservation recommendations Check capacity of Joint Water Pollution Control Plant Verify annexation of site to Consolidated Sewer Maintenance District Party Responsible for Implementing Mitigation 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase Subdivider 1. 2 City of Rancho Palos Verdes Subdivider 3. City of Rancho Palos Verdes City of Rancho Palos Verdes Prior to issuance of building permits 1. City of Rancho Palos Verdes 2 Homebuilder 3. Prior to release of occupancy of any new homes 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3. Final Map check 77:4' MITIGATION MONITORING PLAN Vesting Tentative Tract 96628 EIR Page No. Description of Adverse Impacts Conditions of Approval Mitigation Measures and 6-244 SEWER (cont.) 67. Project wastewater collection and pumping system plans shall be prepared in accordance with the specifications of and shall be subject to approval approved -by the City's Director of Public Works and the Los Angeles County Sanitation Districts. 6 255 CULTURAL RESOURCES A limited potential does exist for previously undetected subsurface cultural and paleontological resources to be disturbed during site grading activities • 72. The developer shall retain a qualified archaeologist and paleontologist to periodically monitor rough grading operations in previously undisturbed areas. In the event undetected buried cultural or paleontological remains are encountered during the course of grading activities, work shall be halted or diverted from the location in question and the archaeologist and/or paleontologist shall evaluate the remains. If cultural resources are found, the cultural specialist(s) shall submit documentation of such findings and the recommended dispensation of the resources to the Director of Environmental Services. Monitoring Action Check wastewater system plans Field Inspection Party Responsible for 1. Implementing 2. Mitigation 3. Subdivider 1. 2 3. Subdivider Enforcement Agency Monitoring Agency Monitoring Phase City of Rancho l'alcos Verdes City of Rancho Palos Verdes Final Map check 1. City of Rancho l'.iIos Verdes 2. City of Rancho 1'.ilos Verdes 3. Grading EXHIBIT "A" RESOL. NO. 92-25 l'a};& 21 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EJR Page \10. Description of Adverse Impacts • VISUAL RESOURCES Mitigation Measures and Conditions of Approval As proposed, the project would have a 74. Limit structure height on lots substantial impact on the visual along Palos Verdes Drive West character of the site and views from and those that occur nearest the the surrounding area. Given the coastal bluff to a maximum normal by-product of site height of 16 feat. urbanization, approximately 70 percent of the disturbed (but now 75. Where two-story homes are naturally appearing) project site permitted, limit second story would be transformed from its current areas to 80 percent of total first condition to a man-made environment. floor area, to reduce the visual The developed project site would be effect of the higher building visible to a number of residents that mass and to create wider visual occur in close proximity to the site and corridors between homes on from the mobile viewing population adjacent kits. on Hawthorne Boulevard and Palos Verdes Drive West. 76. Prior to approval of the overall site landscaping plan, the Department of Environmental Services shall ensure that landscaping to be planted along the perimeter of Palos Verdes Drive West is limited to low groundcovers and small shrubs only. Party Responsible for 1. Enforcement Agency Monitoring Implementing 2. Monitoring Agency Action Mitigation 3. Monitoring Phase Check horse plans tlomebuilders 1. City of Rancho Palos Verdes 2 City of Rancho Palos Verdes 3. Home plan check Check home plans I lomebuilders 1. City of Rancho Palos Verdes 2. City of Rancho Palos Verdes 3 horse plan check Check landscape plan Subdivider 1. City of Rancho l'alos Verdes 2. City of Rancho Palos Verdes 3. Landscape plan check I'age. 7? MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts 6-259 VISUAL RESOURCES (cont.) subject to approval • • Mitigation Measures and Conditions of Approval 77. CC&Rs shall be prepared by the subdivider, and approue.d by the Director of Env iron menta Services, which shall include, among other provisions, restrictions on the type of landscape materials allowed on individual lots that limit permissible species to those with low or medium height. 78. All homes shall be designed so that rooflines are articulated in a way that provides visual relief. Flat roofs shall be prohibited. Roof lines and building orientations along Palos Verdes Drive West shall be varied to include perpendicular, parallel and angled exposures to the roadway. This measure would incrementally reduce the view blocking effects of the proposed structures and permit greater visibility of the coastline and Pacific Ocean. Further, this measure would provide greater visual relief when the project is viewed from above. Monitoring Action Check CC&Its Party Responsible (or Implementing Mitigation Subdivider, 11omebuilders 1. Enforcement Agency 2. Monitoring Agency 3. Monitoring Phase 1. Homeowners Association 2 City of Rancho Palos Verdes 3. Final map check; prior to occupancy of each Iu)Ine• Check home plans Iloinebuilders 1. City of Rancho Palos Verdes 2 City of Rancho Palos Verdes 3. Home plan check EXHIBIT "A" RESOL. NO. 92-25 Page 23 MITIGATION MONITORING PLAN Vesting Tentative Tract 46628 EIR Page No. Description of Adverse Impacts OP VISUAL RESOURCES (cont.) Mitigation Measures and Conditions of Approval 82. Roof materials shall be non - reflective. This measure is also proposed to eliminate glare from roof tops that could impact the existing residential areas located east of and above the proposed project site. Monitoring Action Check home plans Party Responsible for 1. Implementing 2. Mitigation 3. tfomebuilders 1. 3. Enforcement Agency Monitoring Agency Monitoring Phase City of Rancho Palos Verdes City of Rancho Palos Verdes Home plan checks Page 24 3.0 NON-CONFORMANCE PENALTY Performance of all measures to be implemented by the Subdivider shall be secured and guaranteed by the posting of an improvement bond, deposit, or in -lieu fee in an amount to be determined by the Director of Environmental Services. Such security shall be posted with the City of Rancho Palos Verdes prior to the issuance of a grading permit for this project and shall be held by the City in an interest bearing account (with interest inuring to Subdivider) until all the measures have been fully and properly implemented. In the event the Subdivider fails to satisfy any one or more of the mitigation measures and persists and fails to do so upon written notice from the City, the City may, without further notice, draw upon the security to fulfill the required measure and to reimburse the City for any costs or expenses incurred in so doing. This shall be in addition to any other remedy provided under the authority of the Rancho Palos Verdes Municipal Code and its various development codes. EXHIBIT "A" 25 RESOL . NO . ? 2-25 99 0480301' 4.0 COMPLIANCE/REPORTING FORM The following form will be used as the principal medium for recording compliance or non- compliance with the various elements of the mitigation monitoring plan. These forms are to be completed by the responsible monitoring entity, immediately following a monitoring or enforcement action, and placed on file in the office of the Department of Environmental Services. A report reviewing the current status of all mitigation measures listed in the mitigation monitoring plan will be prepared semiannually by the Department of Environmental Services. This report will be updated semiannually until the first home is occupied. 26 99 0480301' MQNITQRINQ REPORT Mitigation Measure'Number(s): Description of Measures: Observations Made in the Field or During Plan Check: Compliance: Acceptable Unacceptable Remedial Actions Taken or Recommended: Environmental Coordinator Date Technical Consultant Date 99 0480301' EXHIBIT "A" RESOL. NO. 92-25 27 5.0 DEVELOPMENT MEASURES AND MITIGATION MEASURES NO LONGER APPLICABLE Development Measures The following mitigation measures found in the Final EIR are not required in order to avoid a significant impact upon the environment. They are, however, measures that the project subdivider is encouraged to implement to further minimize the impacts of this project. 27. Seed and water all inactive portions of the construction site until grass cover is grown. 28. Apply chemical stabilizers to completed cut and fill areas. This measure can reduce fugitive dust emissions from inactive portions of a project site by up to 80 percent. 29. Limit on-site vehicular traffic to no more than 15 mph during construction. This measure could reduce fugitive dust emissions from unpaved roads and areas of construction sites by up to 60 percent. 31. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications. 33. Keep all grading and construction equipment on or near the site until those phases of development are completed. 36. Use building materials that produce less emissions (e.g., bricks, stones, water-based paints). 28 99 0480301 38. Orient structures and pool areas to optimize the effectiveness of solar energy units and water heaters. This measure could encourage the use of solar water heating equipment and reduce emissions from standard electricity and natural gas -fueled heating units. 39. Provide landscaping to shade buildings and parking areas for energy efficiency. This measure would reduce the amount of energy needed to cool structures and automobiles on warm days. 40. When possible, use light-colored roofing materials and concrete as opposed to asphalt parking areas and dark roofing materials, to reflect, rather than absorb, sunlight. This measure would minimize heat gains in buildings and parking areas and 1_essen the overall demand for mechanical air conditioning systems. 41. Specify energy-efficient air conditioners, refrigerators, etc., when built-in units are provided. 42. Increase attic and wall insulation over the minimum standards currently required. 43. Install special sunlight -filtering window coatings or double -paned windows, to reduce thermal gain or loss. 44. Provide conveniently -located recycling centers on- site with adequate access for haulers. Recycling can reduce both solid waste and energy consumption, and as a result, decrease emissions. By reducing waste sent to landfills, increases in methane gas build-up and ernistions can be slowed. 29 EXHIBIT "A" RESOL. NO. 92-25 99 O48O3oF 57. There shall be no useable second floor balconies facing Palos Verdes Drive West in the dwelling units with direct lines -of -sight to this roadway. 60. Although the project site is not located in a high fire hazard area, the Fire Department recommends the installation of fire sprinkler systems in residential structures, to reduce the potential for loss of life and property damage. The Fire Department indicates that such systems are now technically and economically feasible for residential use. 61. Prior to the issuance of building permits, the developer shall contact the Lomita Sheriff Station for specific. recommendations for providing on-site security and safety, throughout the grading and home construction periods, and for improving site visibility and access to facilitate responses by local patrol units. 68. Above and beyond water conservation measures required by State law, future home builders should implement the Department of Water Resources' recommendations for interior water conservation and water reclamation, as outlined in Section 6.11 of this EIR (mitigation measure 64). 69. The City's Building Official shall ensure that trash compactors are included in plans for all new homes and that such compactors are installed in each new home. By compacting trash on site, larger volumes of trash can be stored and transported in the same size containers, thus reducing the number of transport trips to {the BKK landfill and the Surf 30 99 04803Q1 Incineration Plant, and using landfill space more efficiently by disposing of a heavier concentration of trash within the same amcunt of space. 70. The Director of Environmental Services shall ensure that the final site plan includes facilities for trash separation to facilitate recycling of reusable materials. Alternately, the developer shall arrange for curbside pick-up service at each homesite by the local trash pick-up company, which includes special receptacles for recyclable materials. Such an arrangement shall be verified by the Director of Environmental Services, prior to the occupancy of any new homes. 71. The subdivider shall coordinate with the Director of Public Works and the County Fire Department to create informational materials to be provided to each original home owner that includes art explanation of various mandatory and voluntary solid waste reduction and recycling techniques along with safe methods of hazardous material identification and disposal. 73. Subsequent to site grading activities all graded portions of the site shall be hydroseed with a annual rye grass. This would incrementally reduce visual impacts as well a provide a significant erosion control feature. 31 EXHIBIT "A" RESOL. NO. 92-25 99 0480307' Mitigation Measures No Longer Applicable The following mitigation measures appeared in the Draft EIR for the original 93 -lot tract map design. Upon evaluation of the revised 79 -lot tract map, they were found to be unnecessary, as the new tract map design avoids the impacts associated with these measures, that would have resulted -from the original map design. 48. Provide guzzlers or access to other water sources near the existing northerly drainage area. This would offset the loss of the small wetland areas by providing an alternate water source. 52. If on-site replacement of coastal sage scrub is determined to be infeasible or unlikely to succeed in supporting gnatcatchers, the applicant shall be required to purchase, restore, or enhance an amount of coastal sage scrub habitat for California gnatcatchers equivalent in size to the amount of territory to be lost on site (approximately 6.23 acres) for permanent preservation. This would be accomplished under the direction of the U.S. Fish and Wildlife Service. 53. In coordination with the U.S. Fish and Wildlife Service and California Department of Fish and Game, the Cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, and Rolling Hills Estates, and the County of Los Angeles, will develop a Peninsula -wide species management plan for the California gnatcatcher. This plan would include: a census of gnatcatcher populations on the Peninsula during the breeding season, identification of critical habitat areas for preservation, identification of potential areas for 32 99 0480301 gnatcatcher habitat restoration on the Peninsula, and identification of mechanisms for acquisition and preservation of critical habitat areas. It is recommended that in addition to the gnatcatcher, the plan include other sensitive species on the Peninsula, most of which have similar habitat requirements. This multi -species planning approach is preferred by federal and state agency personnel. 56. Based on representative cross-sections, construction of a solid block masonry wall of three feet in height (from road grade) along the project site's eastern boundary adjacent to Palos Verdes Drive West could be designed to achieve a reduction in on- site noise levels necessary to comply with state noise guidelines for residential land uses. 79. CC&Rs shall be prepared by the subdivider and approved by the Director of Environmental Services, which include, among other provisions, the requirement for review and approval of all individual home designs by a City appointed architectural review committee, to ensure compliance with the design policies of the Coastal Specific Plan. The C.C.&R. provisions shall also include the right of the City to charge a reasonable fee to recover the costs of this plan review effort. 80. The City will encourage split-level home design, through allowing substantial modification of rough -graded pads to allow for lowering and splitting the pads to allow for step-down foundations that enable the construction of essentially two-story homes with the visual impact of a one story home. EXHIBIT "A" RESOL. NO. 92-25 33 99 0480301 81. Install only ground level streetlights that will incorporate hoods that imicuhLd eliminate the uppward transmission of light on-site. This measure c�`i 11 weeks -also reduce light and glare impacts in those areas east of the project site. 83. The Directors of Public Works and Environmental Services shall ensure, during review of project plans that include street lighting, common area and walkway lighting and any illuminated signs, that all such lighting elements conform to the lighting policies in the Coastal Specific Plart (pages U-10 and U41). 34 99 0480301 RESOLUTION NO. 92-25 EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS ENVIRONMENTAL IMPACT REPORT NO. 35 (VESTING TENTATIVE TRACT MAP NO. 46628) The Planning Commission of the City of Rancho Palos Verdes finds that the mitigation measures discussed in the Environmental Impact Report will, when implemented, mitigate or substantially reduce all but six of the significant effects identified in the Final Environmental Impact Report. Only the environmental effects of the project on hydrology (cumulative urban runoff) , air quality (short-term construction activities and long-term emissions from stationary and mobile sources), noise (short-term construction activities and long-term traffic noise on Palos Verdes Drive West) and water service (due to the current drought condition) were found to be unavoidable, even after the incorporation of all feasible mitigation measures. The Planning Commission has balanced the benefits of the project against these effects in recommending approval of the proposed project to the City Council. In this regard, the Planning Commission of the City of Rancho Palos Verdes hereby finds that all feasible mitigation measures identified in the Final Environmental Impact Report, which are summarized in the Summary of Project Impacts and Mitigation Measures table included in the addendum of said document, have been and will be implemented with the project through the Mitigation Monitoring Program and that the six remaining significant unavoidable effects are acceptable due to the following specific benefits which outweigh the significant environmental effects and justify approval of the project as conditioned: 1. The proposed project will implement the goals of the City's Coastal Specific Plan to provide public vehicular access, via a bluff road, and parking facilities within the coastal zone. No residential lots will be located seaward of the bluff road. 2. The proposed project will implement the goals of the City's Coastal Specific Plan by providing public recreational opportunities in the coastal zone through the dedication of 12 acres of useable open space, located between the bluff road and the top of the bluff, to the City to provide for public enjoyment of the coastal environment and vistas. 3. The proposed project will implement the goals of the City's Coastal Specific Plan and Conceptual Trails Plan by providing public recreational opportunities through the dedication and/or construction of public pedestrian, equestrian and bicycle trails adjacent to and within the project boundaries. 99 0480301 EIR No. 35 (VTTM No. 46628) Statement of Overriding Considerations 4. Within the dedicated public open space area, 45 acres will be retained for the maintenance and enhancement of three sensitive habitat areas: coastal sage scrub (California gnatcatcher territory), coastal bluff scrub and riparian wetland. 5. The proposed project will improve and control the existing hydrologic conditions on the site by providing stable drainage facilities to control storm runoff to prevent flooding, siltation and erosion and to minimize urban runoff into the adjacent marine environment. 6. In conformance with projected housing needs of the City, and the low density single family residential zoning designation of the site in the City's General Plan, Coastal Specific Plan and Official Zoning Map, the project will provide an additional 79 dwelling units in the City. Resol. 92-25, Exhibit "B" Page 2 of 2 99 0480301 RESOLUTION NO. 92-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS vDES APPROVING VESTING TENTATIVE TRACT MAP NO. 46628 FOR A RESIDENTIAL SUBDIVISION WITH 79 SINGLE FAMILY RESIDENTIAL LOTS AND 5 COMMON OPEN SPACE LOTS LOCATED. AT- THENORTHWEST CORNER OF PALOS v gRDES DRi v r, WEST AND HAWTHORNE BOULEVARD. WHEREAS, H. M. D. I . , Inc. has requested approval- of a- Vesting Tentative Tract Map for the creation of ninety-three (93) single family- residential lots and one (1) common open space lot on a 132 acre site locatednorthwest of the intersection of Palos Verdes Drive West and Hawthorne Boulevard, pursuant to the Residential Planned Development provisions of the City's Development Code; and WHtstEAS , Draft and Final Environmental Impact Reports were prepared and circulated in compliance with the California Environmental Quality Act and the Planning Commission considered the information, conclusions and mitigation measures contained in these documents in making a recommendation to the City Council for approval of the proposed residential project; and WHEZ EAS, after notice issued pursuant to the provisions of the City Development Code, the Planning Commission held a public hearing on the environmental review of the project applications on October 8, 1991, and held public hearing on the project on October 22, November 12, and November 26, 1991 and January 14 and February 5, 1992, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, after notice issued pursuant to the provision of the City Development Code, the City Council held a public hearing on March 3, 1992, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the creation of seventy-nine (79) single family residential lots, five (5) common open space lots and related improvements, as conditioned, is consistent with the type of land use and density identified in the City's General Plan and Coastal Specific Plan. Section 2: That the creation of seventy-nine (79) single family residential lots, as conditioned, is consistent with the City's Development Code for projects within the RS -1 zoning district under a Residential Planned Development. In addition, the deletion of fourteen (14) lots from the original submittal 99 0480301 preserved 51% of the site as open space, increased the average size and dimensions of the residential lots, protected public views over the site and preserved natural habitat areas. Section 3: That the use of the lots shall be for single family residential dwelling units, common open space and related improvements, which is compatible with the objectives, policies, programs and land use specified in the General Plan and the Urban, Natural and Socio/Cultural Overlay Control Districts, which have been established to protect existing drainage courses, natural vegetation and extreme slopes within the City. Section 4: That the subject property is physically suitable to accommodate Vesting Tentative Tract Map No. 46628, as conditioned, in terms of design and density and will not result in substantial environmental damage based on consideration of information contained in Environmental Impact Report No. 35, implementation of mitigationmeasures, whi h have been incorporated into the conditions of this approval and compliance with the City's Development Code and General Plan. Section 5: That the creation of the lots, single family residential dwelling units, and associated improvements will not be materially detrimental toproperty values, jeopardize, endanger, or otherwise constitute a menace to the surrounding area, since physical improvements, dedications and maintenance agreements are required. Section 6: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and or easements within the tract. Section 7: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code) . Section 8: That the design of the subdivision and the type of improvements associated with it are not likely to cause serious public health problems. Section 9: That the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Section 10: That the vesting tentative tract map design provided for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, Resolution No. 92-26 Page 2 of 3 99 0480301 Section 11: That the vesting tentative tract map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. Section 12: That dedications required by local ordinance are shown on the tentative map and/or are set forth in the conditions of approval attached hereto in Exhibit "A". Section 13: -That the City ' Council considered the effect of approval of the subdivision on the housing needs of the region in which the, City . is = situated and balanced these _ needs . against the public: .service needsof its residents and available fiscal and environmental resources. Section 14: That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties -or -the permitted -uses thereof. - The --C i.t-y Council finds that social, recreational and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. Due to the overriding benefits and considerations, the City Council hereby finds that any unavoidable adverse environmental impacts of the project are acceptable. Resolution No. 92-25, including the detailed statements of overriding considerations, is made part of this resolution, by reference, pursuant to the California Environmental Quality Act. Section 15: That all of the mitigation measures required in Environmental Impact Report No. 35 are hereby incorporated into the conditions of approval for the vesting tentative tract map. Section 16: For the foregoing reasons, and based on information and findings contained in the public record, including all staff reports, minutes, records of proceeding and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby approves Vesting Tentative Tract Map No. 46628, subject to the conditions of approval contained in the attached Exhibit "A", which are necessary to protect the public health, safety and general welfare in the area. PASSED, APPROVED and ADOPTED this 17th day of March, 1992. Resolution No. 92-26 Page 3 of 3 99 0480301' /S/ JOHN C. McTAGGART MAYOR ATTEST: /S/ JO PURCELL CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 92-26 was duly and regularly passed and adopted by the said City Council at a regular meeting hereof held on March 17, 1992. CITY CLERK, CITY OF RANCHO PALOS VERDES Resolution No. 92-26 Page 4 of 3 99 0480301' 11 RESOLUTION NO. 92-26 EXHIBIT "A" VESTING TENTATIVE TRACT MAP NO. 46628 CONDITIONS OF APPROVAL A. GENERAL 1. Within thirty (30) days , of approval of the., tentative. map-. the developer shall -submit, --in writing-,- a ---statement that they - have read, understand and agree to all of the conditions of approval contained in this exhibit. 2. The -City's fee for processing ---a Final--Map-shall be -paid within six (6) months of approval of the Vesting Tentative Tract Map by the City Council. 3. All lots shall conform to minimum development standards as specified in Resolution No. for Conditional Use Permit No. 158, Coastal Permit No. 94 and Grading No. 1439. 4. This approval expires twenty-four (24) months from the date of approval of the Vesting Tentative Tract Map by the City Council unless the Final Map has been recorded. Extensions of up to oneif (1) year maybe granted by the Planning Commission, requested in writing prior to expiration. 5. The developer shall supply the City with one brownline and one print of the recorded Final Map. 6. Within sixty (60) days of approval of this vesting tentative tract map by the City Council, the developer shall enter into a development agreement or other agreement with the City of Rancho Palos Verdes, which is completely satisfactory to the City. The City shall have the exclusive discretion to extend the sixty (60) day time limit and/or to relieve the developer of the obligation of complying with this condition of approval. B. SUBDIVISION MAP ACT 1. Prior to submitting the Final Map for recording pursuant to Section 66442 of the Government Code, the developer shall obtain clearances from all affected departments and divisions, including a clearance from the City Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc. 99 0480301' C. COUNTY RECORDER 1g 1. If signatures of record or title interests appear on the Final Map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest holders. 2. The account for this preliminary title report guarantee referenced in Condition Cl shall remain open until the Final Map is filed with the County Recorder. D. ARCHAEOLOGY AND PALEONTOLOGY 1 A qualified archaeologist shall be present during all rough grading operations in previously undisturbed areas to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed and donated to the City. All "finds" shall be immediately reported to the Director of Environmental Services. 2. A qualified paleontologist shall be present during all rough grading operations to further evaluate pre -historic resources on the site. If paleontological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed and donated to the City. All "finds" shall be immediately reported to the Director of Environmental Services. E. SEWERS 1. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division. 2 . If, because of future grading, or for other reasons, it is found that the requirements of the Plumbing Code cannot be met on certain lots, no building permit will be issued for the construction of homes on such lots. 3. Sewer Easements are tentatively required, subject to review by the City Engineer, to determine the final locations and requirements. 4. Prior to construction, the developer shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division. 5. Prior to approval of the Final Map, the developer shall Resol. 92-26, Exhibit "A" Page 2 of 10 99 0480301 submit to the Director of Environmental Services a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and shall state that the County is willing to maintain all connections to said trunk lines. 6. Prior to the recordation of the Final Map or start of work, whichever occurs first, the developer shall post a bond, cash deposit, or other City approved security to cover costs for construction of a sanitary sewer system, in an amount to be determined by the City Engineer. 7. The sewer pump station mechanical equipment (including, but not limited to, chambers and pumps) shall be enclosed in subterranean vaults and adequately baffled to minimize sound attenuation. Any above ground equipment associated with the stations (including, but not limited to, electronic controls and vents) shall be adequately screened from public view. F. WATER 1. There shall be filed with the City Engineer a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six (6) months prior to the issuance of the building permits for the first phase of construction. 2. Prior to recordation of the Final Map or prior to commencement of work whichever occurs first, the developer must submit a labor and materials bond in addition to either: a. An agreement and a faithful performance bond in the amount estimated by the City Engineer and guaranteeing the installation of the water system; or b. An agreement and other evidence satisfactory to the City Engineer indicating that the developer has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system. 3. There shall be filed with the City Engineer a statement from the water purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that, under normal operating conditions, the system will meet the needs of the developed tract. 4. At the time the final subdivision improvement plans are submitted for checking, plans and specification for the water systems facilities shall be submitted to the City Resol. 92-26, Exhibit "A" Page 3 of 10 99 0480301' gi 0 Engineer for checking and approval, and shall comply with the City Engineer's standards. Approval for filing of the land division is contingent upon approval of plans and specifications mentioned above. 5. All lots shall be served by an adequately sized water system which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flow requirements shall be determined by the City Engineer. Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Fire Chief is required. 6. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to the said structures. G. DRAINAGE 1. Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work, whichever occurs first: a. Provide drainage facilities to remove the flood hazard to the satisfaction of the City Engineer and dedicate and show easements on the Final Map. b. Eliminate sheet overflow and ponding or elevate the floors of the buildings, with all openings in the foundation walls to be at least twelve inches above the finished pad grade. c. Provide drainage facilities to protect the lots from high velocity scouring action. d. Provide for contributory drainage from adjoining properties. e. Protect the existing wetlands area identified in the northeast corner of the property during a 50 year storm frequency and preserve this area during normal low -flow conditions. 2. All storm drain facilities shall be designed and constructed so as to be accepted for maintenance by the Los Angeles County Public Works Department, Flood Control Division, subject to review and approval by the City Engineer. The one exception to this is that the outlet structures of slant drilled drains are to be maintained by others, pursuant to Resol. 92-26, Exhibit "A" Page 4 of 10 99 0480301 Condition G3. The developer shall provide all necessary easements associated with the above referenced storm drain facilities. 3. All storm drain facilities shall be designed, constructed and maintained in compliance with applicable requirements of the California Clean Water Act. 4. The City shall form a maintenance district, consisting of the residential property owners within the tract, to cover the maintenance costs associated with all drainage outlet structures that carrystorm water generated by, or passing through, the residential areas on the site to the ocean. 5. If it is found that the on-site swale near the southern boundary of the project site has inadequate capacity to handle upstream and project site flows during a 50 year storm, the swale shall be improved to handle these flows prior to issuance of project building permits. 6. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, telephone (310) 435-7741, shall be notified prior to commencement of work within any natural drainage courses affected by this project. 7. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of an earth tone color and shall be reviewed and approved by the Director of Environmental Services. 8. It shall be the responsibility of each property owner to maintain and prevent obstruction of all at -grade bench drains located on their residential lot. H. STREETS 1. Prior to recordation of the Final Map or commencement of work, whichever occurs first, the developer shall post a bond, cash deposit, or other City approved security to cover costs for the full improvement of all proposed on-site and off-site streets and related improvements, in an amount to be determined by the Director of Public Works. 2. The proposed on-site streets shall be public and designed to the satisfaction of the Director of Public Works, pursuant to the following specifications: a. "A" Street, between Hawthorne Boulevard and "B" Street, shall be 66 feet in width, from flow line to flow line. On -street parking shall be prohibited. Parkway width shall be a minimum of 10 feet on each side. The total right-of-way width shall be p6t feet Resol. 92-26, Exhibit "A" Page 5 of 10 99 0480301' b. "A" Street, between "B" Street and the east side of the off-street parking area, shall be twenty-six (26) feet in width, from flow -line to flow -line. On -street parking shall be prohibited, except as provided in Condition H2c. The total right-of-way width shall be fifty (50) feet. The roadway shall be placed as far to the east side of the right-of-way as possible adjacent to the rear property lines of Lots 6 through 14 to increase the linear distance between the roadway and the top of the bluff. c. An on -street public parking area shall be provided on , !-.t ie -landward side of _ : "A". Street : between Lots. 20 and 22, and between Lots 24 and 26. Each parking area shall be at -the same grade as the roadway, shall.. contain. a - minimum of six (6) parking spaces and one. space in each _-area 5hal i__ be-- reserved --ftp - handicapped use. The- design of the on -street parking area. shall be reviewed and approved by the Director of Public Works. d. An off-street public parking area shall be provided in the northwest portion of Lot 82, on the seaward side of "A" Street, and shall contain twenty-five (25) parking spaces. e. "A" Street, between the east side of the off-street parking area and Palos Verdes Drive West shall be thirty-six (3 6) feet in width from flow line to flow line. On street parking shall be provided on the north side of the street. The design of the parking shall be reviewed and approved by the Director of Public Works. The total right-of-way width shall be fifty (50) feet. f. Parking in the off-street lot referenced in Condition H2d and the on -street areas referenced in Conditions H2c, H2e and H4 shall be prohibited after dusk. g. "B" Street, "C" Street, "D" Street and "E" Street shall be thirty-four (3 4) feet in width, measured from flow - line to flow -line. Parkway width shall be a minimum of eight (8) feet on each side. The total right-of-way width shall be fifty (5 0) feet. On -street parking shall be prohibited on that section of "C" Street between "A" Street and "B" Street and along the entire length of "D" Street. h. All streets shall have a vertical type curb. The landowner may request roll type curbs, subject to the review and approval of the Director of Public Works. i. Sidewalks, where required, shall be concrete, a minimum of four (4) feet wide, located four (4) foot behind the flow -line. Resol. 92-26, Exhibit "A" Page 6 of 10 99 0480301' 7 . Handicapped access ramps which conform to all standards and specifications in Title 24 of the Uniform Building Code and equestrian ramps to be reviewed by the Trails Committee shall be provided at all locations where public trails intersect with streets in or adjacent to the subject development. k. Cul-de-sacs shall be designed to the specifications of the Director of Public Works. 1. Street and traffic signs shall be placed at all intersections and/or corners as specified by the Director of Public Works, conform to City Standards and be shown on a signage and striping plan to be attached to the street plans. m. Except for the intersections of "A" Street and Palos Verdes Drive West, as required by the Director of Public Works, no street lights shall be permitted within the tract. n. All proposed streets shall be designed in substantially the same alignment as shown on the approved Vesting Tentative Tract Map No. 46628. 3. The developer shall post a security, bond or cash deposit acceptable to the City in an amount to be determined by the Director of Public Works to cover the cost of re -signalizing and re -constructing, if necessary, the intersection of Hawthorne Boulevard and Palos Verdes Drive West as a four- way intersection. 4. The developer shall construct a vehicular turn -out and parking area on the west side of Palos Verdes Drive West, just north of the intersection with Rue Beaupre, to accommodate a minimum of five (5) parking spaces. The design of the turn -out shall be reviewed and approved by the Director of Public Works. 5. The developer shall be responsible for repairs to any City streets which may be damaged during development of the tract. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City approved security, in an amount sufficient to cover the costs to repair any damage to City streets and related structures as a result of this project. 6. The developer shall pay traffic impact fees in an amount determined by the Director of Public Works upon the completion of all on-site public improvements, including, but not limited to, streets, drainage and utility improvements. Resol. 92-26, Exhibit "A" Page 7 of 10 99 0480301' 7. Unless already dedicated to the City, the developer shall dedicate to the City vehicular access rights to Palos Verdes Drive West. A note to this effect shall be placed on the Final Map. I. UTILITIES All utilities to and on the lots shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to -„the ,the nearest trunk line at the developer' s expense. . J. GEOLOGY 1. Prior to recordation of the Final Map or commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the City Engineer. 2. Prior to recordation of the final map or prior to commencement of work whichever occurs first, a bond, cash deposit , or other City approved security, shall be posted to cover the costs of grading in an amount to be determined by the City Engineer. K. EASEMENTS 1. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication or other easements until after the Final Map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Map. 2. The developer shall construct a Class II, painted bike lane, within the public right-of-way along the length of the project's frontage on Palos Verdes Drive West between the north property boundary and Hawthorne Boulevard. 3. The developer shall construct a Class I, paved bike lane, within the public parkway along the length of the project's frontage on Palos Verdes Drive West between Hawthorne Boulevard and the south property boundary. 4. The developer shall construct a public pedestrian/equestrian trail, a minimum of 6 feet in width, within the public parkway along the entire length of the project's frontage on Palos Verdes Drive West. Resol. 92-26, Exhibit "A" Page 8 of 10 99 0480301' 5. The developer shall dedicate to the City of Rancho Palos Verdes, record on the Final Map and construct a continuous eight (8) foot wide Class I bicycle trail within the parkway along the seaward side of "A" Street beginning at the north entrance on Palos Verdes Drive West and ending at the south entrance at Hawthorne Boulevard. 6. The developer shall dedicate to the City of Rancho Palos Verdes, record on the Final Map and construct a four (4) foot wide pedestrian trail within a ten (10) foot wide public pedestrian trail easement beginning at the Seascape Trail in the Lunada Point development, along the bluff top to the Interpretive Center Trail on the Interpretive Center property. 7. The developer shall dedicate to the City of Rancho Palos Verdes, record on the Final Map and construct a continuous four (4) foot wide pedestrian trail within the parkway along the seaward side of "A" Street beginning at the southwest corner of the intersection of Palos Verdes Drive West and Hawthorne Boulevard and connecting with the bluff top pedestrian trail referenced in Condition K6. The pedestrian trail shall be located on the seaward side of the bicycle trail referenced in Condition K5. 8. The developer shall dedicate to the City of Rancho Palos Verdes, record on the Final Map and construct a four (4) foot wide public pedestrian trail within a 40 foot wide access easement between Lots 19 and 20, connecting "B" Street to open space Lot 82. 9. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map a 40 foot wide wildlife access easement between Lots 26 and 27, connecting "A" Street and "B" Street. The developer shall fence and landscape the easement with native plant materials, subject to the review and approval of the project biologist. 10. The developer shall be responsible for the construction of all public trails specified in Conditions K2, K3, K4, K5, K6, K7 and K8 and shall provide a bond or other money surety for the construction of such public trails, in an amount to be determined by the Director of Public Works. Construction of said trails shall coincide with the project grading activity and shall be completed upon certification of rough grading. Dedication of the public trails shall occur at the time that the Final Map is recorded. 11. All easements are subject to review by the City Engineer to determine the final locations and requirements. Resol. 92-26, Exhibit "A" Page 9 of 10 99 0480301 L. SURVEY MONUMENTATION 1. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof, shall be posted to cover costs to establish survey me-r''mentation, in an amount to be determined by the Engineer. Within twenty-four (24) months from the date of filing the Final Map, the developer shall set remaining required survey monuments and center line tie points and furnish the center line tie notes to the City Engineer. 3. All lot corners shall be referenced with permanent survey markers in accordance with City Municipal Code. M. STREET NAMES AND NUMBERING 1. Any street names and house numbering plans shall be provided to the City by the developer for approval by the City Engineer. 2. The north and south portions of "A" Street shall have street names that are clearly different from each other, and may not include only a reference to direction (i.e. North "A" Street and South "A" Street). N. PARK DEDICATION 1. At the time of recordation of the Final Map, the developer shall dedicate to the City of Rancho Palos Verdes all common open space, including Lots 80, 81, 82, 83 and 84. This parkland dedication shall be accepted by the City in lieu of payment of a park dedication fee. O. RELATED APPLICATIONS 1. This approval is conditioned upon compliance with all conditions of approval for Conditional Use Permit No. 158, Coastal Permit No. 94, Grading Application No. 1439 and Environmental Impact Report No. 35. 2. This approval is conditioned upon compliance with all mitigation measures contained in Environmental Impact Report No. 35, which are herein incorporated as conditions of approval of this permit. P. MITIGATION MONITORING PROGRAM 1 A11 costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the developer. Resol. 92-26, Exhibit "A" Page 10 of 10 99 0480301' RESOLUTION NO. 92-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS v I ZiDES UPHOLDING THE H.M.D.I., INC . APPEAL AND DENYING THE LARUE APPEAL OF CONDITIONAL USE PERMIT NO. 158, COASTAL PERMIT NO. 94 AND GRADING PERMIT NO. 1439 AND THEREBY APPROVING A RESIDENTIAL PLANNED DEVELOPMENT CONSISTING OF 79 SINGLE FAMILY RESIDENTIAL LOTS AND 5 COMMON OPEN SPACE LOTS LOCATED ON THE NORTHWEST CORNER OF PALOS v t'adDES DRi v e, WEST AND HAWTHORNE BOULEVARD. WHEREAS, the H.M.D.I., Inc. has requested approval of a Conditional Use Permit, Coastal Permit and Grading Permit to allow a Residential Planned Development (RPD) with ninety-three (93) single family lots and one (1) open space lot on a 132 acre site located on Palos Verdes Drive West, northwest of Hawthorne Boulevard, in the City's coastal zone (Subregion 1); and WHLZIEAS, Draft and Final Environmental Impact Reports were prepared and circulated in compliance with the California Environmental Quality Act and the Planning Commission and City Council considered the information, conclusions and mitigation measures contained in these documents in their approval of the proposed residential project; and WHratEAS, after notice issued pursuanttothe provisionsof the City's DevelopmentCode, the Planning Commission held a public hearing on the environmental review of the project applications on October 8, 1991, and held public hearings on the project on October 22, November 12, and November 26, 1991 and January 14, 1992, at which time all interested parties were given an opportunity to be heard and present evidence. *iigg EAS, on February 5, 1992, the Planning Commission adopted P.C. Resolution No. 92-6 approving the Conditional Use Permit, Coastal Permit and Grading Permit for seventy-nine (79) single family lots and five (5) open space lots; and WHEREAS, on February 6, 1992, H.M.D.I., Inc. submitted an appeal of the Planning Commission's approval of the Conditional Use Permit, Coastal Permit and Grading Permit, so that the City Council could consider these applications in conjunction with the Vesting Tentative Tract Map. On February 14, 1992, Lois Larue, a city resident, submitted a second appeal of the Planning Commission's approval of the project, claiming that the project is inconsistent withthe City's Coastal Specific Plan. Both appeals were filed within the required fifteen (15) day appeal period; and WHEREAS, the City Council held a public hearing on the appeal on March 3, 1992, at which time all interested parties were given an opportunity to be heard and present evidence. 99 0480301 NOW THEREFORE, THL CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HwiEBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Pursuant to Section 17.56.060 of the Development Code, the City Council in approving the conditional use permit, finds as follows: A. That the subject use is consistent with the General Plan and Coastal Specific Plan which both designate the permitted land use on the site as low density single family residential, less than or equal to one dwelling unit per acre, on the gently sloping bluff top area and hazard on the steep coastal bluff faces. B. That the subject use is specifically permitted, and the proposed residential density is consistent with the Residential Single Family, One Unit Per Acre (RS -'l) zoning designation and the requirements of a Residential Planned Development (RPD) special district, as shown on the Official Zoning Map. C. That given the adjacent land uses and the project's location and design, as modified by the Planning Commission and City Council, the 132 acre site is adequate in size and configuration to accommodate the proposed residential and open space project. In addition, the proposed project complies, or is conditioned to be consistent with, the Development Standards contained in Development Code Section 17.06.040. D. That the site is served by Palos Verdes Drive West and Hawthorne Boulevard, which are both improved streets designed to carry the type and quantity of traffic that would be generated by the proposed project. E. That given the site location, project design, and conditions imposed through this permit, the proposed use will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger, or otherwise constitute a -,Anace to the public health, safety, and welfare of persons in the Dunding area. F. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. 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 implements the RS-1/RPD designation of the site in the General Plan and Coastal Specific Plan, while preserving much of the site as natural and recreational open spaces, with a bluff road, public parking, trails and vista points that will provide public recreational opportunities and preserve public vistas and habitat areas. Due to the overriding benefits and considerations, the City Council hereby finds that any unavoidable adverse environmental impacts of the project are acceptable. Resolution Resolution No. 92-27 Page 2 of 4 99 0480301' No. 92-25, including the detailed statement of overriding considerations, is made part of this resolution, by reference, pursuant to the California Environmental Quality Act. Section 2: Pursuant to Section 17.67.060 of the Development Code, the City Council in approving the coastal permit, finds as follows: A. That the subject use is in conformance with the Coastal Specific Plan, which designates the site as appropriate for Single Family Residential uses and thatthe proposed: project,. as conditioned by. the Planning Commission and City Council, preserves the view corridors identified in the visual corridors section of the Coastal Specific Plan. B. That the proposed project, which is located between the sea and . the first public road, is in conformance with applicable public access and recreational policies of the Coastal Act, in that the proposed project includes a bluff road and will provide public parking, vista points, open space and trails along the bluff top. Section 3: Pursuant to Section 17.50.070 of the Development Code, the City Council in approving the grading permit, finds as follows: A. That the grading associated with the project is not excessive beyond that necessary for the permitted primary use of the property since the earthwork will be balanced on site with no export of excavated material. B. That the grading and/or construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites since the proposed grading will lower the pad elevations of the proposed residential lots to preserve view corridors of the ocean, Point Vicente Lighthouse and Catalina Island, as identified in the Coastal Specific Plan, when viewed from Palos Verdes Drive West, Hawthorne Boulevard and adjacent properties. C. That the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural since the site was extensively graded in the past to form terraced building pads for a multi -family development in 1972 and the construction and grading for the proposed residential development and open space will create a more natural, sloping topography on the site. Section 4: All mitigation measures required in Environmental Impact Report No. 35 are hereby incorporated into the conditions of approval for the conditional use permit, coastal permit and grading permit. Resolution No. 92-27 Page 3 of 4 99 0480301 Section 5: For the foregoing reasons, and based on information and findincls contained in the public record, including staff at reports, minutes, records of proceedings, and evidence presented the public hearings, the City Council of the City of Rancho Palos Verdes hereby upholds the H.M.D.I., Inc. appeal and denies the Larue appeal, thereby approving Conditional Use Permit No. 158, Coastal Permit No. 94 and Grading Permit No. 1439 subject to the conditions of approval contained in the attached Exhibit "A" which are necessary to protect the public health, safety and general welfare in the area. PASSED, APPROVED, and ADOPTED this 17th day of March, 1992. /S/ JOHN C. McTAGGART MAYOR ATTEST: /S/ JO PURCELL CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) I, Jo Purcell, City Clerk of the Cityof Rancho Palos Verdes, hereby certify that the above Resolution No. 92-27 was duly and regularly passed and adopted by the said City Council ata regular meeting hereof held on March 17, 1992. CITY CLERK, CITY OF RANCHO PALOS VERDES. Resolution No. 92-27 Page 4 of 4 99 0480301 qt RESOLUTION NO. 92-27 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 158 COASTAL PERMIT NO. 94 AND GRADING NO. 1436 (VESTING TENTATIVE TRACT MAP NO. 46628) DEVELOPMENT OF THE TRACT A. DEVELOPER AGREEMENT 1. Within thirty (30) days of approval of the conditional use permit, coastal permit and grading permit, the developer 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 conditional use permit, coastal permit and grading permit is subject to the approval of Vesting Tentative Tract Map No. 46628. 3. The developer shall participate in a proportionate share of any City Housing Element program that is in place at the time that the finished tract grading is certified. The determination of the developer's fair share shall be determined by the appropriate individual or entity, in accordance with such housing programs and with appropriate appeal rights. 4. The developer shall participate in, and pay any fees required by, the City's Public Art Program. Any proposal for participation shall be submitted to the City prior to the issuance of grading permits. 5. 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 this permit. The developer shall also pay any fine imposed by the Department of Fish and Game, if required. 6. Within sixty (60) days of approval of this vesting tentative tract map by the City Council, the developer shall enter into a development agreement or other agrement with the City of Rancho Palos Verdes, which is completely satisfactory to the City. The City shall have the exclusive discretion to extend the sixty (60) day time limit and/or to relieve the developer of the obligation of complying with this condition of approval. 99 0480301 B. PROJECT DESIGN REVIEW 1. Prior to the issuance of grading permits, a tract site plan shall be submitted to the Director of Environmental Services for review and approval, identifying the location including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on Vesting Tentative Tract Map No. 46628. 2. Prior to the issuance of grading permits, an open space plan shall be submitted to the Director of Environmental Services for review and approval, identifying the location of habitat preservation and restoration areas, public parking areas, trails and public recreational areas. Said plan shall also include detailed trail and signage standards and a description of all recreational amenities, including, but not limited to, benches, picnic tables and water fountains. 3. All residential development shall conform to the specific standards contained in this permit or, if not addressed herein, the RS -1 development standards of the Development Code shall apply. 4. Any significant changes in the development characteristics of the project, including but not limited to number of dwelling units, street and lot configuration or modifications to the finished contours, shall require that an application for a major revision to the conditional use permit be filed. The scope of the review shall be limited to the request for modification and any items reasonably related to the request, and shall be subject to approval by the Planning Commission. Before any minor changes are made to the development, the Director of Environmental Services shall report to the Planning Commission a determination of significance. The Planning Commission may call up any proposed minor change for their consideration, as they determine to be appropriate. The Planning Commission may call up any proposed minor changes for their review, as they determine to be appropriate. C. PERMIT EXPIRATION AND COMPLETION DEADLINE 1. If finished grading and construction of the street and utilities have not been completed and accepted within two (2) years from the date of recordation of the Final Map, the conditional use permit shall expire and be of no further effect, unless, pursuant to Section 17.56.080 of the City's Development Code an extension request is filed with the Department of Environmental Services and is granted by the Planning Commission. Otherwise, a new conditional use permit must be approved prior to further development of the tract. Resol. 92-27, Exhibit "A" . Page 2 of 16 99 O48O3O D. NUMBER OF DWELLING UNITS 1. No more than seventy-nine (79) dwelling units shall be permitted. E. CONSTRUCTION PLAN 1. Prior to the issuance of grading permits, a construction plan shall be submitted to the Director of Environmental Services for review and approval. Said plan shall include, butnot limited to a phasing plan, limits of grading, estimated length of. time cfor rough grading and construction of improvements, -location of construction _L di lers-, - construction signs and equipment storage areas and the location and type of temporary utilities. 2 . The use of a rock crusher on the site is prohibited. 3. The hours of operation for grading and construction activities shall be limited from Monday to Friday, 7:00 a.m. to 7:00 p.m. and Saturday, 7:00 a.m. to 5:00 p.m. No on- site maintenance of equipment or vehicles shall be permitted before or after the hours indicated. No truck queing shall occur before 7:00 a.m. No work shall be permitted on Sundays or national holidays, unless a special construction permit is approved by the Director of Environmental Services. 4. Flagmen shall be used during all construction activities as required by the Director of Public Works. 5. Prior to the issuance of grading permits and/or building permits, a program to control and prevent dust and windblown earth problems shall be submitted to the Director of Environmental Services for review and approval. Methods may include, but shall not be limited to on-site watering and vegetative planting. 6. Noncompliance with the above construction and/or grading restrictions shall be grounds for the City to stop work immediately on the property. F. COMPLETION PER APPROVED PLANS 1. All lots shall be rough graded concurrently in accordance with the approved grading plans and mitigation measures specified in Environmental Impact Report No. 35. Al l mitigation measures set forth in Environmental Impact Report No. 35 are incorporated as conditions of approval of this resolution 2. The developer shall designate appropriate workable phases (portions of the development to include adjoining clusters of lots, their streets of access, finish grading phases, Resol. 92-27, Exhibit "A" Page 3 of 16 99 0480301 supporting off-site improvements and on-site drainage and utility improvements) that shall be approved by the Director of Environmental Services and the Director of Public Works. 3. 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 Environmental Services. 4. Prior to the issuance of grading permits, the developer shallpost a bond, cash deposit, or otherCity approved security to guarantee substantial vegetative cover and maintenance of all finish graded lots which have not been sold for development. 5. No building permits shall be issued prior to finish grading within the workable phase of the site in which the lot is located and until the Director of Environmental Services has determined that all drainage facilities and common area and off-site improvements in the workable phase of the site as depicted in the approved construction plan in which the lot or structure is located are completed, to the extent that the lot or structure is accessible and able to support development. G. COMMON OPEN SPACE BONDS 1 Prior to recordation of the Final Map or commencement of work, 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, recreational amenities, drainage facilities, and other site features as per approved plans. H. CC&R'S 1. Prior to approval of the final map, copies of Covenants, Conditions and Restrictions :".:CeR's) shall be submitted to the Director of Environmental,rvices and 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 Tentative Tract Map No. 46628. 2. All necessary legal agreements and documents, including homeowner's association, deed restrictions, covenants, dedication of development rights, public easements, and. proposed methods of maintenance and perpetuation of drainage facilities and any other hydrological improvements shall be submitted and approved by the City Attorney and the Director of Environmental Services prior to approval of the Final Resol. 92-27, Exhibit "A" Page 4 of 16 99 0480301 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. Identification of all materials which affect structure appearance and use restrictions, including but not limited to architectural controls, structure and ' roOr -T materials, exterior finishes, walls/fences, exterior lighting, and Standards of Development of Individual Lots as contained in subsections M -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, Solar System, Lighting, and Appliances). A manual containing this information shall be provided by the developer and/or Homeowner's Association to each individual landowner upon purchase of any lot or residence. d. All future residential structures, accessory structures, and other improvements, excluding landscaping, shall be subject to review by the Director of Environmental Services 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 3:1 gradient, except on 2:1 transitional slopes between split level pads. f. Exterior residential lighting shall be limited to the standards of the Environmental Protection Section 17.54 of the City Development Code. Lot coverage, setback, height and private open space shall comply with the requirements for each residential structure as detailed in these Conditions of Approval. h. Requirements for solar installations shall conform to the Development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.57 of the Development Code. i. All landscaping (including parkway trees) shall be selected and maintained so that no trees or group of trees obstructs views from the public right-of-way or adjacent properties consistent with City Council policy regarding street trees. g. Resol. 92-27, Exhibit "A" Page 5 of 16 99 0480301' j. No landscaping or accessory structure shall block or significantly obstruct solar access to any lot. k. The outlet structures for the on-site drainage improvements shall be preserved and maintained by the City through the establishment of an assessment district comprised of the members of the Homeowners Association. A note to this effect shall be placed on the Final Map. 1. All owner/tenants of lots where storm water flows to the rear yard shall be responsible for preventing obstruction to flows to the rear yard stormdrain and -to ensure that the rear yard storm drains remain accessible for periodic maintenance by the Los Angeles County Department of Public Works. m. Information detailing covenants prohibiting the developer and any successors in interest of the developer, including but not limited to, any purchaser of an individual lot in this subdivision, from contesting the formation of an assessment district referred to in Condition No. G3 of Resolution No. 92-7. n. Identify the presence of all public trail easements for pedestrian and equestrian use. The CC&R's shall also prohibit structures, accessory structures, fences, walls, hedges, landscaping of any other such obstacle within said trail easements without the written approval from the City Council of the City of Rancho Palos Verdes. o. Identify the presence of the City's Covenant to Maintain Property to protect views on each residential lot and describe the individual landowners responsibilities to trim and maintain foliage to protect views, as defined in the Development Code. 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 Environmental Services. I. GRADING 1. Prior to issuance of grading permits or recordation of the Final Map, which ever occurs first, the project geologist will review and approve the final grading plans and specifications by manual signature. 2. Prior to issuance of grading permits or recordation of the Final Map, which ever occurs first, a final grading plan shall be approved by the City Engineer and City Geologist. This grading plan shall be based on a detailed engineering, geology and/or soils engineering report and shall specifically be approved by the geologist and/or soils engineer and show all recommendations submitted by them. It Resol. 92-27, Exhibit "A" Page 6 of 16 99 0480301' shall also be consistent with the tentative map and conditions as approved by the City. 3. Prior to the issuance of grading permits, the project biologist shall review and approve the final grading plan for compliance with the mitigation measures required in Environmental Impact Report No. 35 in the open space lots and habitat areas on the site. Grading shall be prohibited within the identified California gnatcatcher habitat area. 4. All geologic hazards associated with this proposed development shall be eliminated -or the City Geologist shall designate a Restricted Use Area on the Final Map, in which the erection of buildings or other structures shall be prohibited. -. 5. All natural and created slopes greater than 3:1, excluding split level pad transitional slopes, shall be designated as Restricted Use Areas on the Final Map, in which the erection of buildings and other structures shall be prohibited. 6. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the City Engineer. 7. Prior to issuance of grading permits, written approval must be obtained from the owners of properties within the City for which off-site grading for trails is proposed or may result. 8. A note shall be placed on the approved grading plan that requires the Director of Environmental Services approval of rough grading prior to final clearance. The Director (or a designated staff member) shall inspect the graded sites for accuracy of pad elevations, created slope gradients, and pad size. The developer or their designee shall provide certification for all grading related matters. 9. All of the recommendations made by the City Engineer and the City Geologist during their on-going review of the project shall be incorporated into the approved grading plans. 10. Prior to issuance of a building permit, an as -graded soils and geologic report, complete withgeologic map, shall be submitted to and approved by the City Geologist in conformance with accepted City practice. 11. Prior to issuance of a building permit, an as -built geological report for structures founded on bed rock and an as -built soils and compaction report for structures founded on fill and all engineered fill areas shall be submitted to and approved by the City Geologist in conformance with accepted City practice. Resol. 92-27, Exhibit "A" Page 7 of 16 99 0480301' 12. All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with applicable provisions ofthe Municipal Code and the recommendations of the City Engineer. 13. All grading shall be balanced on-site. However, should earth, rock or other material be required to be hauled from the project site, a major revision to the grading permit, pursuant to requirements of the Development Code, shall be subjectto the review and approval of the Planning Commission. 14. All graded slopes shall be "landform" graded so as to re- create a more natural appearance to the topographic contours. Slope gradients shall be natural and no abrupt changes between natural and graded slopes will be permitted. 15. All grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code". 16. Unless otherwise provided in these conditions of approval or permitted by the Director of Environmental Services, the project shall comply with all appropriate provisions of the City's grading ordinance (Chapter 17.50 Grading). 17. All grading activity on the site shall occur in accordance with all applicable City safety standards. 18. With the exception of the existing 1.5:1 slope adjacent to Palos Verdes Drive West, all created slopes within the tract shall not exceed 2:1, unless approved by the Director of Environmental Services. 19. All graded slopes shall be properly planted and maintained. Plants shall be selected that are drought tolerant, capable of developing deep root systems and shall generally consist of low ground cover to impede water flow on the surface. Watering for establishment of said plant material shall be done on cyclesthat will promote deep rooting. Watering shall be diminished or stopped just prior to and during the rainy season or upon establishment of the plant material, whichever comes first. To provide greater slope protection against scour and erosion, all graded slopes shall be covered with a jute mat to provide protection while the ground cover is being established. If appropriate, the Director of Environmental Services may approve an alternative material or method to control erosion. K. LANDSCAPING FOR ALL COMMON AREAS 1. Prior to issuance of grading permits, the developer shall submit a final landscape and irrigation plan to the Director of Environmental Services for review and approval of all Resol. 92-27, Exhibit "A" Page 8 of 16 99 0480301 1# open space areas, habitat areas, roadway medians and public trails. Landscape and irrigation plans shall include the following: a. A minimum of eighty percent (80%) drought tolerant plant materials for all ornamental landscaped areas. b. Landscaping within all open space 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. Proposed parkway trees shall be of a small canopy type. d. The re -seeding and re-establishment of native plant species for all of the disturbed open space areas, including, but not limited to the wetlands, the northern drainage course, the wildlife corridor between Lots 26 and 27 and the California gnatcatcher habitat enhancement area. e. Landscaping and irrigation plans for all rough graded surfaces on individual lots which have been scarified through grading operations. f. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.42.060) as identified in the Development Code. 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 overspray. g. h. All high water use areas shall be irrigated separately from drought tolerant areas. i. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. 2 . Within 30 days after Final Tract Map approval, or before sale of any individual lot, which ever 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. L. TRACT FENCING PLANS 1. A complete project fencing plan (including public trails, habitat areas, warning signage and proposed fence and wall Reso l . 92-27, Exhibit "A" Page 9 of 16 99 0480301 details) shall be approved by the Director of Environmental Services prior to issuance of grading permits. Said fencing plan shall incorporate the following: a. A 42 inch high pipe rail fence, of suitable design, placed along the length of the bluff top on the seaward side of the bluff top pedestrian trail. It shall be the responsibility of the developer to install this fencing and warning signage to coincide with the construction of the bluff top pedestrian trail. b . ,A fence around the wetlands and : the California gnatcatcher habitat enhancement area on Lot 80, and wildlife corridor between Lot 26 and 27. Said fencing shall satisfy all . requirements of theproject biologist, incorporate a method to prevent domesticated animals from entering the habitat areas, include-appropriate—warning ning signage and shall be black or dark green in color. Temporary fencing shall be installed around the existing habitat areas prior to the issuance of grading permits and the permanent fencing shall be installed prior to the sale of any lot within adjacent workable phases. c. Except for the fencing specified in Condition No. Lib, a maximum three (3) foot high fence that allows 90% light and air to pass through shall be placed along the east property line adjacent to Palos Verdes Drive West. d. Any change to the fence design criteria shall be approved by the Director of Environmental Services. DEVELOPMENT OF INDIVIDUAL LOTS M. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Prior to issuance of a building permit, an independent Geology and/or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted to and approved by the City Geologist in conformance with accepted City practice. Such soils are defined by Building Code Section 2904 (b). 2. 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 reviewed and approved by the Director of Environmental Services. In addition, grading up to 1,000 cubic yards for residential use of an individual lot shall be subject to review and approval by the Director of Environmental Services. Grading in excess of 1,000 cubic yards, or grading to alter the finished pad elevations shall require approval by the Planning Commission. Resol. 92-27, Exhibit "A" Page 10 of 16 99 0480301 3. No construction and/or grading on individual lots, except for 2:1 transitional slopes between split level pad areas on the same lot, shall be permitted on 3:1 or greater slopes. 4. All retaining walls shall be subject to review by the Director of Environmental Services with subsequent reporting to the Planning Commission, if required, for review and approval pursuant to Section 17.50 of the City Development Code. 5. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907-i. N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Prior to issuance of any grading or construction permits for individual lots, final improvement plans for each lot and structure shall be submitted to the Director of Environmental Services for review and approval. Said plans shall include, but are not limited to, plot plan, section and elevation drawings, grading and exterior lighting plans. 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 development standards. O. PRIVATE OUTDOOR LIVING 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. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES 1 Maximum lot coverage, including building footprint, driveway, parking areas and other accessory structures, shall not exceed 30%. 2. In addition to the above open space requirements, the square footage of habitable space in each residence shall be limited to eight thousand (8,000) square feet. Resol. 92-27, Exhibit "A" Page 11 of 16 99 0480301 Q. SETBACKS 1. The minimum front yard setback shall vary from twenty-five (2 5) feet to thirty-five (3 5) feet throughout the development, as established in the attached Exhibit "B", which is hereto incorporated into this condition of approval. 2. The minimum combined side yard setback shall be thirty-five (35) feet, with a minimum of fifteen (15) feet on one side, so that no two homes are closer than thirty (30) feet to one another. 3. The minimum street side setback shall be twenty (20) feet. 4. The minimum rear yard setback shall be twenty-five (25) feet on Lots 31 to 57 and Lots 58 to 68. No accessory structures (except pools and in -ground spas) and minor equipment shall be permitted within the rear yard setback of these lots. 5. The minimum rear yard setback shall be fifty (50) feet on Lots 1 to 30 and Lots 69 to 79. No accessory structures (except pools and in -ground spas) and minor equipment shall be permitted within the rear yard setback of these lots. R. BUILDING FACADES AND ROOFLINES 1. On those pad lots with a maximum building height of 26 feet, per Condition Sl, 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 facade 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. 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 lots 31 to 33, 39 to 45 and 70 to 71 which are closest to Palos Verdes Drive West, the main ridge of the structure shall be perpendicular to Palos Verdes Drive West. 4. Roofing materials shall be Class A and non-combustible. Resol. 92-27, Exhibit "A" Page 12 of 16 99 0480301 S. HEIGHTS 1. Building heights for all residential structures are limited as follows: Lots 1 - 3 26 feet Lots 4 - 28 16 feet upslope/26 feet downslope Lots 29 - 35 16 feet Lots 36 - 37 16 feet upslope/26 feet downslope .Lots 38 - 39 16 feet Lots 40 - 53 16 feet upslope/26 feet downslope Lots 5 4 - 57 26 feet Lots 58 - 68 16 feet upslope/24 feet downslope Lots. 69 - 72 16 feet Lots 73 - 79 16 feet upslope/24 feet downslope 2. All heights shall be measured pursuant to View Preservation and Restoration Section 17.02.040 of the Rancho Palos Verdes Development Code. 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 ridgeline of the structure on which they are placed. 2. All proposed solar installation shall be reviewed by the Director of Environmental Services and for consistency with the provisions of the Development Code. ^ENCING ON INDIVIDUAL LOTS rior to the sale of any lot within each workable phase, the developer shall install a decorative, maximum six (6) foot high fence which allows a minimum of 90% light and air to pass through along the rear property lines of Lots 31 to 79, along the south street side setback line of Lot 31 and within the rear yard setback (rear and side property lines) of Lots 1 to 30. 2. No fencing shall be permitted within the required front yard setback on all residential lots. U. LIGHTING 1. Exterior residential lighting should be limited to the standards of Section 17.54.030 of the Development Code. V. APPLIANCES 1. All residences shall install and maintain in proper working Resol. 92-27, Exhibit "A" Page 13 of 16 99 0480301 order an electronic garage dooropener for each garage door. install All units shall be required to and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads. W. TRAILS PLAN IMPLEMENTATION 1. Construction of the public trails and related signage shall be the obligation of the developer. Construction shall coincide with the project grading activity and shall be completed upon certification of rough grading. No physical obstructions shall be permitted or constructed within any trail easement which may interfere with the public's ability to use the trail for its dedicated purpose. Dedication of the public trails shall occur at the time the final map is recorded. Resol. 92-27, Exhibit "A" Page 14 of 16 99 0480301" RESOLUTION NO. 92-27 EXHIBIT "B" VARIABLE FRONT YARD SETBACKS CONDITIONAL USE PERMIT NO. 158 COASTAL PERMIT NO. 94 AND GRADING NO. 1436 (VESTING TENTATIVE TRACT MAP NO. 46628) LOT MINIMUM FRONT YARD SETBACK. 1 35' 2 35' 3 35' 4 35' 5 35' 6 35' 7 35' 8 35' 9 30' 10 30' 11 25' 12 25' 13 25' 14 30' 15 30' 16 30' 17 35' 18 35' 19 35' 20 35' 21 35' 22 35' 23 35' 24 35' 25 35' 26 30' 27 25' 28 30' 29 35' 30 35' 31 25' 32 30' 33 35' 34 30' 35 25' 36 35' 37 35' 38 25' 39 25' 40 30' 41 ,25' Resol. 92-27, Exhibit "A" Page 15 of 16 99 0480301 �oG LOT MINIMUM FRONT YARD SETBACK 42 25' 43 25' 44 30' 45 35' 46 35' 47 35' 48 35' 49 30' 50 35' 51 35' 52 35' 53 30' 54 30' 55 25' 56 25' 57 30' 58 35' 59 35' 60 35' 61 35' 62 35' 63 35' 64 30' 65 25' 66 25' 67 25' 68 30' 69 35' 70 35' 71 35' 72 35' 73 25' 74 25' 75 30' 76 30' 77 35' 78 35' 79 35' Resol. 92-27, Exhibit "A" Page 16 of 16 99 048030'' RESOLUTION NO. 95-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REPEALING RESOLUTION 90-57. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Sgction 1. Resolution No. 90-57 entitled "A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING GUIDELINES FOR PUBLIC ART IN PRIVATE DEVELOPMENT TO IMPLEMENT RANCHO PALOS VERDES ORDINANCE NO. 257" is hereby repealed. Section 2. Due to the repeal of Chapter 15.30 of the Rancho Palos Verdes Municipal Code, which established the City's Public Art Program ("the Program"), and the repeal of Resolution No. 90-57, which implemented the Program and established a fee in connection therewith, the Program has been discontinued. As of this time, no fees have been collected by the City, although requirements for compliance with the Program were imposed on certain development projects which were approved by the City while the Program was in effect. Because the Program no longer exists and no fees have been collected, the City Council hereby resolves that any conditions of approval which were imposed on a development project to implement the Program shall be of no further force and effect. The City Council further directs City Staff to refrain from enforcing any condition of approval which was imposed on a development project to implement the Program. PASSED, APPROVED and ADOPTED this 15TH day of AUGUST, 1995. _Ls1 LEE B. BYRD MAYOR ATTEST: [V JO PURCELL CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify tha)t the above Resolution No. 95-85 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 15, 1995. 950810 R6871-00001 mae 5231604 CITY CLERK 99 0480301 ol P.C. RESOLUTION NO. 97-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 158 - REVISION "A" FOR MINOR AMENDMENTS TO THE DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES WITHIN THE APPROVED RESIDENTIAL PLANNED DEVELOPMENT; AND, FORWARDING A RECOMMENDATION OF SUBSTANTIAL CONFORMANCE WITH APPROVED VESTING TENTATIVE TRACT MAP NO. 46628 TO THE CITY COUNCIL WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit No. 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned Development with 79 single family Tots and 5 open space Tots on a 132 acre vacant site located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard, between Lunada Pointe on the north and the Point Vicente Interpretive Center on the south; and, WHEREAS, as part of the dedication of nearly 71 acres of open space to the City, the project is conditioned to preserve certain areas of the site for wildlife habitat and to enhance the existing Coastal Sage Scrub habitat areas for use by the California gnatcatcher; and, WHEREAS, the subject property was recently purchased by J.M. Peters Company, who wishes to proceed with the approved Vesting Tentative Tract Map; and, WHEREAS, shortly after the approval of the project in 1992, the California gnatcatcher was listed as a federally threatened species and the City enrolled in the Natural Communities Conservation Planning (NCCP) program. In order for the developer to remove Coastal Sage Scrub habitat on the property prior to the adoption and certification of the City's NCCP program, the City must issue a special approval ("4d" Permit), and the United States Department of Fish and Wildlife must concur with the issuance of this permit; and, WHEREAS, in order to concur with the 4d Permit, the Unites States Fish and Wildlife Service has requested that the developer slightly modify the layout of the approved Vesting Tentative Tract Map, in order to provide a better connection between the habitat areas on the subject site and other habitat areas in the area, particularly the City Hall (upper Pointe Vicente Park) property. City Staff determined that the minor modification to the approved map would require the amendment of several of the conditions of approval for the Residential Planned Development approved through Conditional Use Permit No. 158 and a determination that the map was in substantial conformance with approved Vesting Tentative Tract Map No. 46628; and, 99 oo3or oq WHEREAS, on February 14, 1997, the J.M. Peters Company submitted an application for Conditional Use Permit No. 158 - Revision "A" and an "information only" map to the Department of Planning, Building and Code Enforcement, with a request that the City find the map to be in substantial conformance with approved Vesting Tentative Tract Map No. 46628; and, WHEREAS, after a courtesy notice was sent to all property owners within a 500 foot radius of the subject property, on February 25, 1997, the Planning Commission held a hearing on the project, at which time all interested parties were given an opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Rection 1: The subject property is adequate in size and configuration to accommodate the modified residential and open space project since the number of single family Tots and open space lots will remain the same; the lot sizes and dimensions, street layout and public trails are generally consistent with the approved project; and, the total amount of acreage contained in the open space lots will remain the same. lection 2: The site will continue to be served by Palos Verdes Drive West and Hawthorne Boulevard, which are both improved streets designed to carry the type and quantity of traffic that would be generated by the proposed project. Rection 3: Given the site location, project design and amended conditions imposed through this revision, the proposed use will not significantly adversely affect the peace health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger or otherwise constitute a menace to the public health, safety and welfare of persons in the surrounding area since the residential density is not being increased, public and private views will continue to be protected over the site, the building pads of several Tots were be made more regular to more easily accommodate residential construction, and the public access to the bluff top road and open space areas will be preserved. Section 4: The proposed project, as modified, further mitigates or reduces significant adverse effects on the wildlife habitat areas on the site, since the proposed modifications will provide increased connectivity between the habitat areas on the subject site and those on adjacent off-site properties in the surrounding area. P.C. Resolution No. 97-12 Page 2 of 6 99 0480301 Section 5: The "information only" map submitted by the applicant, is in substantial compliance with the approved Vesting Tentative Tract Map No. 46628, since the number of single family Tots and open space lots are the same; the lot sizes and dimensions, street layout and public trails are generally consistent with the approved project; and, the total amount of acreage contained in the open space Tots will remain the same. Section 6: Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Use Permit No. 158 - Revision "A" would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301(b)); and, _Section 7: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.56.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following February 25, 1997, the date of the Planning Commission's final action. $ection 8: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby: 1) Approves Conditional Use Permit No. 158 - Revision "A", subject to the revised conditions of approval contained in Exhibit "A" attached to this resolution and made a part thereof. This approval is subject a finding by the City Council that the "information only" map submitted by the applicant is in substantial conformance with Vesting Tentative Tract Map No. 46628. If the City Council does not find that the "information only" map is in substantial conformance with the approved vesting tentative tract map, the approval of Conditional Use Permit No. 158 - Revision "A" shall become null and void; and, 2) forwards a recommendation finding substantial conformance between the "information only" map dated as received by the City on February 20, 1997 and approved Vesting Tentative Tract Map No. 46628 to the City Council. P.C. Resolution No. 97-12 Page 3 of 6 99 04 803(1 PASSED, APPROVED and ADOPTED this 25th day of February 1997, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Commissioners Al beri o, Cartwright, Clark, Ng, and Chairman Vannorsdall Commissioner Slayden and Vice Chairman Whiteneck Carolynn I4tru Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission €74trilza--4 Donald E. Vannorsdall Chairman P.C. Resolution No. 97-12 Page4of6 99 0480301 2 - EXHIBIT "A" CONDITIONAL USE PERMIT NO. 158 - REVISION "A" CONDITIONS OF APPROVAL The following Conditions of Approval contained in Resolution No. 92-27 are amended to now read as indicated below: K. LAND$LAPING FOR ALL G.QMMQN AREAS. 1. Prior to issuance of grading permits, the developer shall submit a final landscape p and irrigation plan to the Director of Planning Building and Code Enforcement for review and approval of all open space areas, habitat areas, roadway medians and public trails. Landscaping and irrigation plans shall include the following; d. The re -seeding and re-establishment of native plant species for all of the disturbed open space areas, including, but not limited to the wetlands, the northern drainage course, the wildlife corridor between Lots 2F 25 and 27 26, and the California pnatcatcher habitat enhancement area. Q. SETBACKS 4. The minimum rear yard setback shall be twenty-five (25) feet on Lots 31 to 57 and Lots 58 to 6@ 67. 78 and 79. No accessory structures (except pools and in -ground spas) and minor equipment shall be permitted within the rear yard setback of these lots. 5. The minimum rear yard setback shall be fifty (50) feet on Lots 1 to 30 and Lots 69 68 to 79 77. No accessory structures (except pools and in -ground spas) and minor equipment shall be permitted within the rear yard setback of these lots. R. BUILDING FACADE AND ROOFLINES 3. On Lots 30 to 33, 39 to 45 and 69 to 70 which are close to Palos Verdes Drive West, the main ridge of the structure shall be perpendicular to Palos Verdes Drive West. P.C. Resolution No. 97-12 Page 5 of 6 99 0480301. S. HEIGHTS 1. Building heights for all residential structures are limited as follows: Lots 1 - 3 Lots 4 - 28 Lots 29 - 35 Lots 36 - 37 Lots 38 - 39 Lots 40 - 53 Lots 54 - 57 Lots 58 - ee 72 - 72 Lots 73-7977 Lots 78 - 79 26 feet 16 feet upslope/26 feet downslope 16 feet 16 feet upslope/26 feet downslope 16 feet 16 feet upslope/26 feet downslope 26 feet 18 feet •• •• 1618 feet 16 feet N:\GROUP\PLANNING\RESOS\PC\CUP158.RVA • • " •• P.C. Resolution No. 97-12 Page 6 of 6 99 0480309_ RESOLUTION NO. 97-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES FINDING THAT THE "INFORMATION ONLY" MAP DATED AS SUBMITTED TO THE CITY ON FEBRUARY 20, 1997 BY J.M. PETERS COMPANY IS IN SUBSTANTIAL CONFORMANCE WITH VESTING TENTATIVE TRACT MAP NO. 46628 APPROVED BY THE CITY ON MARCH 17, 1992 WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit No. 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned Development with 79 single family lots and 5 open space lots on a 132 acre vacant site located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard, between Lunada Pointe on the north and the Point Vicente Interpretive Center on the south; and, , WHEREAS, as part of the dedication of nearly 71 acres of open space to the City, the project is conditioned to preserve certain areas of the site for wildlife habitat and to enhance the existing Coastal Sage Scrub habitat areas for use by the California gnatcatcher; and, WHEREAS, the subject property was recently purchased by J.M. Peters Company, who wishes to proceed with the approved Vesting Tentative Tract Map; and, WHEREAS, shortly after the approval of the project in 1992, the California gnatcatcher was listed as a federally threatened species and the City enrolled in the Natural Communities Conservation Planning (NCCP) program. In order for the developer to remove Coastal Sage Scrub habitat on the property prior to the adoption and certification of the City's NCCP program, the City must issue a special approval ("4d" Permit), and the United States Department of Fish and Wildlife must concur with the issuance of this permit; and, WHEREAS, in order to concur with the issuance of the 4d Permit, the Unites States Fish and Wildlife Service has requested that the developer slightly modify the layout of the approved Vesting Tentative Tract Map, in order to provide a better connection between the habitat areas on the subject site and other habitat areas in the area, particularly the City Hall (upper Pointe Vicente Park) property. City Staff determined that the minor modification to the approved map would require the amendment of several of the conditions of approval for the Residential Planned Development approved through Conditional Use Permit No. 158 and a determination that the map was in substantial conformance with approved Vesting Tentative Tract Map No. 46628; and, 99 0480301 1/( WHEREAS, on February 14, 1997, the J.M. Peters Company submitted an application for Conditional Use Permit No. 158 - Revision "A" and an "information only" map to the Department of Planning, Building and Code Enforcement, with a request that the City find the map to be in substantial conformance with approved Vesting Tentative Tract Map No. 46628; and, WHEREAS, on February 14, 1997, after a courtesy notice was sent to all property owners within a 500 foot radius of the subject property, the Planning Commission adopted P.C. Resolution No. 97-12, thereby approving Conditional Use Permit No. 158 - Revision "A" and forwarding a recommendation to City Council that the "information only" map is in substantial conformance with approved Vesting Tentative Tract Map No. 46628. Approval of the revision to the conditional use permit was contingent on the Council finding that the revised map was in substantial conformance with the 1992 approval; and, WHEREAS, on March 11, 1997, the City Council held a hearing on the determination of substantial compliance, at which time all interested parties were given an opportunity to be heard on the present evidence. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The "information only" map submitted by the applicant includes the following changes to the approved project: 1. The open space corridor along the bluff top at the southwest corner of the property where Open Space lot No. 82 abuts the Point Vicente Interpretive Center property to the south has been increased from approximately 200 feet to 300 feet in width. 2. The streets and residential Tots in the southern portion of the site (the area abutting the southern property line and accessed from "A" Street, the bluff top road, by "D" Street) have been reconfigured to accommodate the 100' increase in setback from the top of the bluff. In order to accomplish the increase bluff top setback, the number of single family residential lots is this area of the site has been reduced by two lots. The revised lots and street are within the previously approved development and grading envelope. In addition, the side-to-side split level lots in this portion of the site have been modified to single -level pad lots, without increasing the overall height of the building pads. 3. In order to preserve the same number of single family lots as the original approval, Lot Nos. 78 and 79 have been re -located to the middle portion of the site, between Lot No. 36 and Open Space Lot No. 80 and would take access from "B" Street. Resolution No. 97-21 Page 2 of 4 99 0480301 ie 4. The pedestrian access corridor between Lot Nos. 18 and 19 has been shifted slightly to the south to be between Lots Nos. 21 and 22, so as to maintain a straight trail connection between Open Space Lot Nos. 80 and 82. Section 2: The "information only" map submitted by the applicant, is in substantial compliance with the approved Vesting Tentative Tract Map No. 46628 for the following reasons: 1. The number (79) and, therefore, the density of the single family residential lots is the same as the original approval. 2. The sizes and dimensions of the single family residential Tots are generally consistent with the approved project. 3. The layout of the public streets and trails are consistent with the approved project, and provide the same connections as were provided in the original approval. 4. The number (5) and the total amount of acreage contained in the open space lots will remain the same. 5. Public access to the site, including the bluff top road and open space areas, will be provided in a manner consistent with the original approval. 6. Public and private views will continue to be protected over the site. 7. The building pads of several Tots were be made more regular to more easily accommodate residential construction. Sectipn 3: The proposed project, as modified, further mitigates or reduces significant adverse effects on the Califomia gnatcatcher, since the proposed modifications 9 will provide increased connectivity between the Coastal Sage Scrub habitat areas on the subject site and those on adjacent off-site properties in the surrounding area, as requested by the United States Fish and Wildlife Service. SectiQn 4: On March 17, 1992, the City Council certified Final Environmental Impact Report No. 35 for the proposed project, including the associated Mitigation Monitoring Program and Statement of Overriding Considerations. Since the proposed modification are in substantial conformance with the approved project and substantially less than the project analyzed in EIR No. 35, the modifications will not result in any new significant impacts that were not identified in the certified EIR. In addition, substantial 9 changes to the project would not occur with respect to the circumstances under which the Resolution No. 97-21 Page 3 of 4 99 0480301 • project is undertaken which would require revision to the certified EIR, since there are no new significant environmental impacts that were not considered in the certified EIR, and there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR. Therefore, the Environmental Impact Report previously certified for the proposed project adequate and does not require any further analysis or revision. Sectipn 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 foregoing reasons and based on the information and findings included in the Staff Report, Minutes, testimony received at the hearing and other records of proceedings, the City Council hereby finds that the "information only" map dated as received by the City on February 20, 1997 is in substantial conformance with Vesting Tentative Tract Map No. 46628 approved by the City on March 17, 1992. PASSED, APPROVED and ADOPTED this 11th day of March 1997. A i i tST: /S/ JO PURCELL CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OR RANCHO PALOS VERDES /S/ JOHN C. McTAGGART MAYOR ss 1, Jo Purcell, City Clerk for the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 97-21 was duly and regularly passed and adopted by the said City Council at an adjourned meeting held on March 11, 1997. N:IGROUPIPL.ANNINGIRESOS1CC\CUP 158.RVA Jo Purcell, City Clerk City of Rancho Palos Verdes Resolution No. 97- 21 Page 4 of 4 99 0480301' 111 1 RESOLUTION NO. 97-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AFFORDABLE HOUSING IN -LIEU FEE AND ASSOCIATED ADMINISTRATIVE FEE PURSUANT TO SECTION 17.11.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, the City of Rancho Palos Verdes General Plan Housing Element includes goals, policies and programs to address the affordable housing needs of the City; and, WHEREAS, on March 18, 1997 the City Council adopted Ordinance No. 320, which adopted amendments to Titles 16 and 17 of the City of Rancho Palos Verdes Municipal Code, including Section 17.11.050 which allows in -lieu fees to be provided as an alternative to affordable housing units required pursuant to Sections 17.11.040 or 17.11.030 of that Chapter; and, WHEREAS, pursuant to Government Code Section 66018, the specific fees to be charged for services must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and, WHEREAS, notice of the public hearing for establishment of the aforementioned fees has been provided pursuant to Government Code Section 66016(a) and 6062(a). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: BectiQn 1: Establishment of an in -lieu affordable housing fee is consistent with the City of Rancho Palos Verdes General Plan as one of the General Plan Housing Element Policies (page V-42) indicates, "Large commercial and residential projects should contribute to a housing impact mitigation fee to facilitate the development of affordable housing within the City or elsewhere in the South Bay area". Further, on page V-44, one of the implementation actions indicates, "Evaluate and, if feasible, implement a development fee for commercial and residential development to be allocated to an affordable housing fund to be used in the event such development is approved..." Section 21 Establishment of an in -lieu affordable housing fee is consistent with the City of Rancho Palos Verdes Development Code as Chapter 17.11 indicates, "In order to provide housing affordable to all segments of the community and preserve and maintain low and moderate income housing opportunities... consistent with the goals of the City's adopted general plan housing element and state law, this chapter further specifies procedures under which applicants for... new residential projects, shall be 99 0480301 required to provide for housing affordable to very low, low and moderate income households". Further, Development Code Section 17.11.040 indicates, "Upon City Council approval, in -lieu fees may be provided as an alternative to units required pursuant to Sections 17.11.040 or 17.11.130 of this chapter. The fee per affordable unit to be provided, shall be established by City Council resolution". Section 3: After analyzing various options, the City Council has established an in -lieu fee as $1 per square foot of habitable residential structure. For the purposes of this fee, habitable residential structure does not include a garage or other similar non - habitable accessory structures, as determined by the Director of Planning, Building and Code Enforcement. Sectipn 4: To help offset the City administrative costs in managing any affordable housing program that distributes the in -lieu funds, an administrative fee equal to 10% of the in -lieu fee amount shall be required to be paid by applicants who pay the in -lieu fee to the City. If it is determined at a later date that this amount is not equivalent to the administrative costs involved to implement the program, then the administrative fee amount can be adjusted by the City Council. Section 5: Pursuant to Section 3 and 4 above, an in -lieu fee in the amount of $1 per square foot of habitable residential structure, as defined in Section 3 above, proposed within the subject development plus 10% of the total fee to cover associated administrative costs may be accepted by the City in -lieu of providing affordable units on-site within the subject development pursuant to Chapter 17.11 of the Development Code, subject to review and approval by the City Council. agction 6: For development projects where the units will be constructed by the developer prior to the sale of Tots, the in -lieu fees and associated administrative fee required by Section 5 will be based upon the square footage of the habitable structures which are proposed to be constructed by the developer and shall be paid by the developer prior to completion of any of the public improvements, which shall include, but not be limited to, streets, sidewalks, sewers and storm drains. Section 7: For developments of "for -sale" custom lots where the vacant lots will be sold to accommodate individual, future custom homes, the in -lieu fees and associated administrative fee required by Section 5 will be based upon the average square footage of the habitable structures that may be built on the Tots within the development, as determined by the Director of Planning, Building and Code Enforcement. The Director's estimate of the average size of the habitable structures that will be constructed will be based on the developm nt standards of the particular tract. The in -lieu fees and associated administrative fee required by Section 5 shall be paid by the developer prior to completion of any of the public improvements, which shall include, but not be limited to, streets, sidewalks, sewers and storm drains. Resolution No. 97-48 Page 2 of 3 99 0480301 Section 8: The amount of the subject in -lieu fees and associated administrative fee shall be verified by the Director of Planning, Building and Code Enforcement, and shall be paid to the City Finance Department. Section 9: To ensure that the in -lieu affordable housing fee is consistent with the potential changes in rental :rates, the in -lieu affordable housing fee shall be reviewed every 5 years from the effective date of this Resolution. However, if such review is not conducted, the failure to conduct the review shall not prevent the City from collecting the fee which is in effect at that time. 1997. Section 111 Effective Date. This Resolution shall go into effect on August 2, PASSED, APPROVED, AND ADOPTED THE 3rd DAY OF JUNE, 1997. j„,9/ OHN C. McTAGGART MAYOR A i i tST: Lf JO PURCELL CIN CLERK STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CIN OF RANCHO PALOS VERDES } 1, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 97-48 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 3, 1997. NAGROUPIP'LANNINGIRESOSVCCIREHSGFE E .3 CIN CLERK Resolution No. 97-48 Page3of3 99 0480301' RESOLUTION NO. 97-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A "4D" PERMIT TO ALLOW THE REMOVAL OF COASTAL SAGE SCRUB HABITAT IN CONJUNCTION WITH VESTING TENTATIVE TRACT MAP NO. 46628 (SUBREGION 1) WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit No. 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned Development with 79 single family Tots and 5 open space lots on a 132 acre vacant site located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard, between Lunada Pointe on the north and the Point Vicente Interpretive Center on the south; and, WHEREAS, as part of the dedication of nearly 71 acres of open space to the City, the project is conditioned to preserve certain areas of the site for wildlife habitat and to enhance the existing Coastal Sage Scrub habitat areas for use by the California gnatcatcher; and, WHEREAS, the subject property was recently purchased by J.M. Peters Company, who wishes to proceed with the approved Vesting Tentative Tract Map; and, WHEREAS, shortly after the approval of the project in 1992, the California gnatcatcher was listed as a federally threatened species and the City enrolled in the Natural Communities Conservation Planning (NCCP) program. In order for the developer to remove Coastal Sage Scrub habitat on the property prior to the adoption and certification of the City's NCCP program, the City must issue a special approval ("4d" Permit), and the United States Department of Fish and Wildlife must concur with the issuance of this permit; and, WHEREAS, in order to concur with the issuance of the 4d Permit, the Unites States Fish and Wildlife Service has requested that the developer slightly modify the layout of the approved Vesting Tentative Tract Map, in order to provide a better connection between the habitat areas on the subject site and other habitat areas in the area, particularly the City Hall (upper Pointe Vicente Park) property. City Staff determined that the minor modification to the approved map would require a determination that the map was in substantial conformance with approved Vesting Tentative Tract Map No. 46628; and, 99 0480301 WHEREAS, on February 14, 1997, the J.M. Peters Company submitted a request to the Department of Planning, Building and Code Enforcement that the City Council issue a "4d" permit in conjunction with approved Vesting Tentative Tract Map No. 46628; and, WHEREAS, on February 25, 1995, the Planning Commission adopted P.C. Resolution No. 97-12 forwarding a recommendation to the City Council that the "information only" map was in substantial conformance with Vesting Tentative Tract Map No. 46628 approved by the City in 1992; and, WHEREAS, on March 11 and June 3, 1997, the City Council held a hearing on the requested "4d" permit, at which time all interested parties were given an opportunity to be heard on the present evidence. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Sectipn 1: The habitat loss does not cumulatively exceed the 5% guideline, since the total amount of Coastal Sage Scrub within the City boundaries as of March 25, 1993 has be calculated at 1,267.6 acres. Therefore, 5% of this amount of habitat equates to 63.4 acres that could potentially be removed prior to the adoption of the NCCP. The proposed project would result in the loss of 7.14 acres of existing Coastal Sage Scrub habitat. If all of the development projects previously approved by the City, including the proposed project, and proposed City public works projects are implemented, the total amount of interim loss would be less than the 5% maximum loss. Additional habitat will also be created as a result of the mitigation required in Section 5 of this Resolution. Section 2: The habitat loss will not preclude or prevent connectivity between areas of high habitat value. The enhanced Coastal Sage Scrub to be provided on the site will be within the line of site of similar habitat located across Palos Verdes Drive South on the City Hall property and the slope below the Los Verdes Golf Course. As evidenced by the occupation of the site in 1991 by a pair of gnatcatchers, when all of the current barriers also existed, the line of sight connection may be sufficient to allow use of the enhanced habitat area by the California gnatcatcher. Due to the fact that the existing habitat on the site is of low quality, the site has been unoccupied for a number of years by gnatcatchers, and this area will probably be on the northern extreme of the NCCP habitat preserve area, it is possible that the NCCP effort may determine that a connection is not needed or that the limited resources available for implementing a Coastal Sage Scrub preserve system are put to better use in another portion of the planning subarea. Notwithstanding the above, increased connectivity would be provided for in the form of the modifications to the approved vesting tentative tract map that were approvecj by the City Council on March 11, 1997. Resolution No. 97-49 Page 2 of 5 99 04 80 301 Section 3: The habitat loss would not preclude or prevent the preparation of a NCCP final preserve plan. The subject property was mass graded in 1972 in preparation for the development of a high density, multiple -family residential project. However, the project was abandoned and in the intervening years, a small amount of Coastal Sage Scrub habitat has reestablished on the property. Although the EIR prepared for the original project documented that:the site was occupied by a pair of California gnatcatchers in 1991, the birds have not documented on the site since that time. Accordingly, it can be inferred that the habitat is not -currently of high value to the species. This fact, in combination with the very small amount of Coastal Sage Scrub that would be removed, would not preclude or prevent the preparation of a NCCP final preserve plan. Section 4: The habitat Toss has been minimized to the maximum extent practicable. In 1992, the project was conditioned to preserve and enhance a minimum of 15 acres of Coastal Sage Scrub habitat on Open Space Lot No. 80 for a California gnatcatcher reserve. This requirement was based on the fact that Open Space Lot No. 80 included the portion of the site that was being used by a pair of gnatcatcher in 1991. In addition, the landowner was required to re -vegetate Open Space Lot No. 82 (along the bluff top) with "native vegetation." The USFWS has requested that the current project preserve and enhance a minimum of 30 acres of Coastal Sage Scrub on the site. The level of mitigation for the previous and currently proposed project exceeds the 3:1 replacement of Coastal Sage Scrub which is typically required for projects of this type. Therefore, since Open Space Lot No. 80 will still be preserved as part of the modified project and the USFWS has still requested that 15 acres of Coastal Sage Scrub be re -vegetated, habitat loss has been minimized and mitigated to the maximum extent possible. Section 5: The habitat Toss will not appreciably reduce the likelihood of survival and recovery of listed species in the wild. The California gnatcatcher has not been documented as using the subject property for foraging or breeding since 1991. Therefore, it is unlikely that removal of the habitat will have an immediate or direct impact on the species. In addition, with the proposed mitigation, which includes 30 acres of habitat replacement, the amount and quality of Coastal Sage Scrub habitat in the area will be increased dramatically over existing levels, thereby increasing the likelihood of survival and recovery of the California gnatcatcher, as well as other sensitive Coastal Sage Scrub species. Section 6: Habitat Toss is incidental to otherwise lawful activities. The habitat loss would be associated with the development of Vesting Tentative Tract Map No. 46628, which was approved by the City in 1992. Therefore, the removal of the habitat would be incidental to the development of 79 single family residential lots, public recreational facilities and associated infrastructure, such as stye is and utilities, which are lawful activities under the City's General Plan, Coastal Specific Plan and Zoning Map. Resolution No. 97-49 Page 3 of 5 99 0480301 Section 7: On March 17, 1992, the City Council certified Final Environmental Impact Report No. 35 for the proposed project, including the associated Mitigation Monitoring Program and Statement of Overriding Considerations. Since the issuance of the "4d" permit would be in substantial conformance with the approved project and substantially less than the project analyzed in EIR No. 35, the issuance of the permit will not result in any new significant impacts that were not identified in the certified EIR. In addition, substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken which would require revision to the certified EIR, since there are no new significant environmental impacts that were not considered in the certified EIR, and there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR. Therefore, the Environmental Impact Report previously certified for the proposed project is adequate and does not require any further analysis or revision. Section 8: 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 9: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, other records of proceedings and testimony provided at the meeting of March 11 and June 3, 1997, the City Council hereby approves the issuance of a "4d" permit for Vesting Tentative Tract Map No. 46628, in accordance with "information only" map submitted to the City on February 20, 1997 pursuant to the requirements of the Natural Communities Conservation Planning Process Guidelines. PASSED, APPROVED and ADOPTED this 3rd day of June 1997. A i u ST: /S/ JO PURCELL CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OR RANCHO PALOS VERDES /S/ JOHN C. McTAGGART MAYOR ss Resolution No. 97-49 Page4of5 99 0480301 1, Jo Purcell, City Clerk for the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 97-49 was duly and regularly passed and adopted by the said City Council at a regular meeting held on June 3, 1997. N:IGROUPIPLANNING\RESOSICCITTM46628.4D • Jo Purcell, City Clerk City of Rancho Palos Verdes Resolution No. 97-49 Page 5 of 5 99 0480301 RESOLUTION NO. 99-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES FINDING THAT THE FINAL TRACT MAP DATED AS SUBMITTED TO THE CITY ON JANUARY 13, 1999, BY CAPITAL PACIFIC HOLDINGS, INC., IS IN SUBSTANTIAL CONFORMANCE WITH VESTING TENTATIVE TRACT MAP NO. 46628 APPROVED BY THE CITY ON MARCH 17, 1992 WHEREAS, on March 17, 1992, the City Council adopted Resolution No. 92-26 approving Vesting Tentative Tract Map No. 46628 for a residential subdivision with seventy-nine single-family lots (Lots 1 through 79) and five open space Tots (Lots 80 through 84) on a 132 -acre vacant site located seaward of the terminus of Hawthorne Boulevard at Palos Verdes Drive West, between the Lunada Pointe community on the north and the Point Vicente Interpretive Center on the south; and, WHEREAS, on March 11, 1997, the City Council adopted Resolution No. 97-21, making a finding of substantial conformance for a modification to Vesting Tentative Tract Map No. 46628 which relocated two residential Tots (Lots 78 and 79) in response to a request from the U.S. Fish and Wildlife Service and as a part of their concurrence with the City's issuance of a "4(d)" permit for the taking of coastal sage scrub habitat on the site; and, WHEREAS, the applicant, Capital Pacific Holdings, Inc. has prepared and submitted a final tract map for approval and recordation which differs from Vesting Tentative Tract Map No. 46628 in that the number of open space Tots has increased from five to twelve (although to total open space acreage is approximately the same); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on December 15, 1998, and January 5 and January 19, 1999, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The final tract map submitted by the applicant includes the following changes to the approved project: Resolution No. 99-04 Page 1 of 4 99 0480301 1. The pedestrian access corridor between Lots 21 and 22 has been numbered "Lot 85." 2. The wildlife access corridor between Lots 25 and 26 has been numbered "Lot 86." 3. Median strips have been created within the right-of-way of the bluff -top loop road (Street 'A' on the tentative map) at the north and south entries from Palos Verdes Drive West and are numbered "Lot 87" and "Lot 88," respectively. 4. Median islands have been created within the right-of-way at the intersections of the bluff -top loop road (Street 'A') with Streets 'C', 'B' and 'D' and are numbered "Lot 89," Lot 90" and "Lot 91," respectively. 5. Residential Tots 1, 30 and 31 and open space Tots 80, 81, 82 and 83 have been modified slightly to accommodate the additional open space lots described above. 6. The new open space lots 85 though 91 will be offered for dedication to the City for open space and park purposes, along with open space lots 80 through 84. Section 21 The final tract map submitted by the applicant is in substantial compliance with the approved Vesting Tentative Tract Map No. 46628 for the following reasons: 1. The number (79) and, therefore, the density of the single family residential lots is the same as the original approval. 2. The sizes and dimensions of the single family residential Tots are generally consistent with the approved project. 3. The layout of the public streets and trails are consistent with the approved project, and provide the same connections as werePP rovided in the original approval. P 9 4 The number of open space Tots has increased from five to twelve. but the total acreage contained in the open space Tots will remain the approximately the same, and still significantly exceeds the minimum 30 -percent dedication required by the City's Development Code. 5. Public access to the site, including the bluff top road and open space areas, will be provided in a manner consistent with the original approval. Resolution No. 99-04 Page 2 of 4 99 0480301 Section 3: On March 17, 1992, the City Council certified Final Environmental Impact Report No. 35 for the proposed project, including the associated Mitigation Monitoring Program and Statement of Overriding Considerations. Since the proposed modifications are in substantial conformance with the approved project analyzed in EIR No. 35, the modifications will not result in any new significant impacts that were not identified in the certified EIR. In addition, substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken which would require revision to the certified EIR, since there are no new significant environmental impacts that were not considered in the certified EIR, and there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR. Therefore, the Environmental Impact Report previously certified for the proposed project adequate and does not require any further analysis or revision. Section 4: 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 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, testimony received at the hearing and other records of proceedings, the City Council hereby finds that the final tract map dated as received by the City on January 13, 1999, is in substantial conformance with Vesting Tentative Tract Map No. 46628 approved by the City on March 17, 1992. Resolution No. 99-04 Page 3 of 4 99 0480301 PASSED, APPROVED, AND ADOPTED this 19th day of January 1999. AiitST: /S/ JO PURCELL City Clerk State of California County of Los Angeles City of Rancho Palos Verdes ) ) ss /S/ TQM HOLLINQSWORTH Mayor 1, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 99-04 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on January 19, 1999. M:\USER SVCITF\WPWI N601COU NC I L1FTM466281FTM46628. R E S City Clerk City of Rancho Palos Verdes Resolution No. 99-04 Page 4 of 4 99 0480301' 0 ()6, Cit)r TOP OF BLUFF SCALE 1"=300' 82 19 20 `970\ *\\ "f\ \\, � \l �\ t � 5 JQ 37 \. 36 79 78 MATCH LINE SEE SHEET 2 EXHIBIT "D" MAP DEPICTING ALL OF THE PUBLIC AMENITIES TRACT 4662[ IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES. SHT. 1/4 EASEMENT Nt, i tS: Q INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR SANITARY SEWER PURPOSES 81 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR COVERED STORM DRAIN PURPOSES AND APPURTENANT STRUCTURES AND INGRESS AND EGRESS. 82 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR COVERED STORM DRAIN PURPOSES. 83 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR APPURTENANT STRUCTURE AND INGRESS AND EGRESS. ® INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR FLOOD CONTROL PURPOSES. C1 INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR WILDLIFE ACCESS PURPOSES C2 INDICATES EASEMENT DEDICATED TO THE CIN OF RANCHO PALOS VERDES FOR PEDESTRIAN ACCESS PURPOSES ® INDICATES RESERVED FOR ENTRY LANDSCAPING AND RELATED PURPOSES TO BE DEDICATED TO THE HOMEOWNER'S ASSOCIATION BY SEPARATE INSTRUMENT. QF INDICATES RESERVED FOR OPEN SPACE PURPOSES TO BE DEDICATED TO THE HOMEOWNER'S ASSOCIATION BY SE PARATE INSTRUMENT. INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR SIDEWALK PURPOSES NOTE: SEWER, WATER, STORM DRAIN, ELECTRICAL, CABLE T.V. GAS TELEPHONE, SIDEWALKS do TRAILS ARE PUBLIC AMENITIES LOCATED WITHIN THE PUBLIC STREETS. LOT 80-91 INCLUSIVE IN FEE SIMPLE FOR OPEN SPACE AND PARK PURPOSES ARE GRANTED TO THE CITY OF RANCHO PALOS VERDES. (VCPH AIDS /DS CONSUL TING 17320 Redhill Avenue, Suite 350 (714) 251-8821 Irvine, CA 92614 FAX 251-0516 PUMPS • DIGINEERMO SURVEY.. I:\35972\EXHIBITS\EXH—D 1.DWG 10/26/98 • MATCHLINE SEE SHEET 1 21 85 I ---= z-- 22 --PUBLIC TYP �� STREET 23 80 EXHIBIT "D" MAP DEPICTING ALL OF THE PUBLIC AMENITIES TRACT 46628 IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES. SHT. 2/4 82 it SCALE 1" =300' TOP OF BLUFF -tes\-\'°• 11 1 11 11 11 11 11 11 11 11 11 A 28 i 29 82 81 67 88 68 64 75 65 MENTO CAVE 74 73 72 69 70 EASEMENT NU, LS: QA INDICATES EASEMENT DEDICATED TO THE FOR SANITARY SEWER PURPOSES 0 INDICATES EASEMENT DEDICATED TO THE COVERED STORM DRAIN PURPOSES AND INGRESS AND EGRESS. B2 INDICATES EASEMENT DEDICATED TO THE COVERED STORM DRAIN PURPOSES, Q INDICATES EASEMENT DEDICATED TO THE APPURTENANT STRUCTURE AND INGRESS �4 INDICATES EASEMENT DEDICATED TO THE FLOOD CONTROL PURPOSES. INDICATES EASEMENT DEDICATED TO THE FOR WILDLIFE ACCESS PURPOSES C1 CITY OF RANCHO PALOS VERDES CITY OF RANCHO PALOS VERDES FOR APPURTENANT STRUCTURES AND CITY OF RANCHO PALOS VERDES FOR CITY OF RANCHO PALOS VERDES FOR AND EGRESS. CITY OF RANCHO PALOS VERDES FOR CITY OF RANCHO PALOS VERDES C2 INDICATES EASEMENT DEDICATED T') THE CITY OF RANCHO PALOS VERDES FOR PEDESTRIAN ACCESS PURPOSES �E INDICATES RESERVED FOR ENTRY LANDSCAPING AND RELATED PURPOSES TO BE DEDICATED TO THE HOMEOWNER'S ASSOCIATION BY SEPARATE INSTRUMENT. 0 INDICATES RESERVED FOR OPEN .SPACE PURPOSES TO BE DEDICATED TO THE HOMEOWNER'S ASSOCIATION BY SEPARATE INSTRUMENT. 6-4) INDICATES EASEMENT DEDICATED TO THE CITY OF RANCHO PALOS VERDES FOR SIDEWALK PURPOSES NOTE: SEWER, WATER, STORM DRAIN, ELECTRICAL, CABLE T.V. GAS TELEPHONE, SIDEWALKS do TRAILS ARE PUBLIC AMENITIES LOCATED WITHIN THE PUBLIC STR'ITS. LOT 80-91 INCLUSIVE IN FEE SIMPLE FOR OPEN SPACE AND PARK PURPOSES ARE GRANTED TO THE CITY OF RANCHO PALOS VERDES. CPH RicAspi MDS CONSUL TING wow oo�mi sau�rc 17320 Redhill Avenue, Suite 35f1 Irvine, CA 92614 17320 Redhill Avenue, 350 Irvine, 92614 (714) zs,—esti fAX 2s�—os�e 251-8821 FAX 251-0516 PUNNING • EI#FJMNO • SURVEYN3 I:\35972\EXHIBITS\EXH-D2.DWG 10/27/98 eamir 87 \ t ' PUBLIC WETLANDS \ RESTORATION AREA PUBLIC PAARKING LT \\\ EXHIBIT "D" MAP DEPICTING ALL OF THE PUBUC AMENITIES TRACT 46628 IN THE CITY OF RANCHO PALOS VERDE'', COUNTY OF LOS ANGELES. SHT. 3/4 82 TOP OF BLUFF - 15 lit SCALE 1" =300' LEGEND FIRE BREAK LIMITS • 8' CLASS I E3IKE LANE TRAIL CLASS 11 BIKE LANE TRAIL _._._._._._ 6' PEDESTRIAN/EQUESTRIAN TRAIL 0 0 0 0 0 4' PEDESTRIAN TRAIL 16 17 37 n i l '018 0 36 55 0 'AS VL 79 19 t '^PARK Ty I 3:). 78 PUBLIC � 20 82 PARKING .. - - - - fCPH Aiff,s,I MDS CONSULTING • OOIOCH SC ULTZ 17320 Redhill Avenue, Suite 350 (714) 251-8821 PUNNING Irvine, CA 92814 FAX 251-0516 • 'ENGINEERING • SURVE INO I:\35972\EXHIBITS\EXH—D3.DWG 10/27/98 MATCHLINE SEE SHEET 3 CL's CAD: PUBLIC PARKING i \ \ AUTOMOBILE TURNOUT 21 FIRE BREAK 85 PEDESTRIAN ACCESS 22 _ PUBLIC OPEN SPACE COASTAL SAGE SCRUB REVEGETATION (POTENTIAL GOLF COURSE) 23 80 r0\ o1 , EXHIBIT "D" MAP DEPICTING ALL OF THE PUBLIC AMENITIES TRACT 46628 IN THE CITY OF RANCHO PAIRS VERDES, COUNTY OF LOS ANGELES. ANIMAL ACCESS PUBLIC PARKIN TOP OF BLUFF COPSE P� OPEN SPACE pZ�ON PUB�1C 81 GE 5��� G01.F C0� FIEA RE B 66 67 64 65 \ \ 68 FIR BREA AREA 77 76 75 74 73 72 4' WIDE 2.5 DEEP IMPROVED DRAINAGE CHANNEL TO BE MAINTAINED BY CITY/COUNTY SHT. 4/4 SCALE 1" =300' LEGEND FIRE BREAK LIMITS 8' CLASS 1 BIKELANE TRAIL — . — . — CLASS 11 BIKELANE TRAIL . _._._._,_._ 6' PEDESTRIAN/EQUESTRIAN TRAIL 4' PEDESTRIAN TRAIL CPH Al11) Twos .CONSULTING 17320 R�dAAI Avenue, Suite 350 (714) 2S1-8521 Irvine, CA 92614 FAX 251-0516 17320 Redhil Avenue, Suite 350 251-8821 Irvine, CA FAX 251-0516 MANNINO • SURVEYING I:\ 35972\ EXHIBITS\EXH—D4.DWG 10/27/98 Exhibit E Slant Drain Reimbursement Sclleduje Rancho Palos Verdes — Tract 46628 Alternate No. 1 (Does not include city Drains e Hard Cost � Civil Engineering 767,527 Soil Engineering 50,150 City (fling Yen) Fees (2%) 252,100 City/County Fees (3%) 15,351 Bonds (2%) 31,012 15,351 Sub -Total 1,131,491 Contingency (5%) 56,575 GRAND TOTAL 1,188,066 Alternate No. 2 (Iflcltjdes City D rainaggi Hard Cost Civil EngineQrin 940,931 Soil E g �neering 50,150 Engineering Yen)252100 City (B;ng Fees (2%) 18 ntyFees(3%),819 C,ty/Cou Bonds o (2 /o) 33,614 18,819 Sub -Total 1,314,433 Contingency (5%) 65,722 GRAND TOTAL 1,380,155 D1FFERENC jAL 192,089 City'8 Cost Percentage 192,089 1,380,155 = 13.92% 99 04-8030T /39 61, .:.,:,,.::::: Ce, 0 D 1:::: To :•::. -,-;•3C604 . " ,X.A.W.a.V.V.4444,0~/.44144,41;;C:i'd:$0:::::;e:C.V.V1.44 e#:<{...: . :•C :.: : :.: . . ' pRobucER License No. 0786045 D.L.D. Insurance Brokers 2424 S.E. Bristol #360 Newport Beach, CA 92660 INSURED RPV Associates LLC 4100 MacArthur Blvd., Ste. 200 Newport Beach, CA 92660 CO LTR • ' ' • • ' ' • ' " • • .:••;:•:;;;;,,,,,:•... • • •,:.;;;;;:. • DATE (MM/DD/YY) , 12/22/97 THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Investors Ins. Company Of COMPANY B COMPANY COMPANY MA .•.•• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE A GENERAL UABIUTY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABIUTY ANY AUTO EXCESS UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' UABIUTY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL POUCY EFFECTIVE POUCY EXPIRATION POUCY NUMBER UMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GLP1002984 10/20/97 10/20/99 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Rancho Palos Verdes Project. The City, its officers, agents and employees are named as Additional Insureds per the attached Form CG20261185 GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY $ EACH OCCURRENCE FIRE DAMAGE (Any one tire) $ MED EXP (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE AGGREGATE WC - TLIMITS 01 H- ER EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE $ $ $ 1,000.000 1,000,000 1.000.000 1.000,000 50.000 City of Rancho Palos Verdes Carolyn Petru/Dir.of Planning 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENEEKIIIMPOCID MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MIX AINNIDOMMIR AlHaial:011111101210a1EILAXIIIXTELAIR. 013EIMEZIMPINII/EISK AUTH1ZED REPRESENTATIVE • • ' • x•x•-•:•,:i...• • ••• • • • • ••• ••••• ••• • • nu II (:DEC 19 '97 03: 13PM CPH, - INC . /7 ; 1: 49PM ; Anderson & Anderson-' 714 854 415;'2if. 2/ 2 / l4 1 •itom-tilitni .&1 1tJ.L : till '1�:' ::�J " 1Aii;1%JrA .+U 411 .',1zVu�•V"?I ;/ .0 V i �. • v • .• ..w �+ �. . i •• . .. ti • ♦ . . . • • / V• d './ Y 18: aa 014 79e /20a GOVERNMENT AFFA t R 5 P . 06,008 249 6248 STAB 08 CALriFOANIA. DEPARTMENT OF INSURANCE SAN sRANatsco Ame nd ed Certificate of Authority TM. 7.e so Csa ssr'r, Theac pcsneesaneto tho Insurance Code of dda State of Ca%fornia. Pvcntias PaCitiC lnaurarce Company of Le .x011a, California - , organ ed under the Iowa at ca 1 if a•r r i a . ersbf ovs oto tar Artio+ire of Inaorporstifoos or athrr f utr arnant4 orguntsatkormal ckaustsenie, hereby authorized ea tram within► fiat State, subfeta era prpoLtionathis Certifichs4e, the foti to of Maeas oerr Eire , Marscue • surotyr. Dic4bL iby, Mata clasp, :viaeil.ity, Workers' COMpanaieisrl, Common Carr! Err Boiler arid Mackitsery, Burglary. eradia, �1Sprinkler, Foam and Vehicle, AutomObi3a, Aircraft, Legal, and miscellaneous j#, delastas ars now or meg hofier be dined in the base Lau* of the State of California, Two Cu.r , .,,,PSC TJs is espre$iyi cgmeilktaingia upon alive haldav h.rao f flew aid hereafter being teal aorrapZt araoa ugh WA, end sit Ir. violation of any, of As appiIdable Laws and Ioiwful requirement" made Wide? authertr.W of the Taws al the State of California as tong at gulch tanker or rre*irarneraLe aro veisat and appitaabte, and as auoh & e and regvfr ersrnee rsow arh, or saai, her1Mgkilar be I:hann.ad or osTMrRdsa Wzraszaa .• J c lus ssa of of tWa3451ZY .19--2.§., 1 hams hereunto awe Ing hand and gamma my officio/ .ai to be aff d rliis�St 7_. • of y ‘. SV Imo. .401"Air r •- - 1e V r } J Qyeliflstkm w th L e Bet ets y of 8ltata &Mt bo i6-ce aa teeming C:a ed by ea. Ca Code Droai ttlY cwav+ shrew Isar of this aecdiiCote of Ak fgr. allure to do so will be a vLalama at Los- Code S'vi. 701 andwatt h• sproundir for revokang this Csrtifccte of Author ty fussuaat to the covenants a... Le din applioetfoa ,"'Nthenitos wad r coodusoaa octimined s- p.m.,. AMP.. POLICY NUMBER: GLP1002984 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Rancho Palos Verdes Carolyn Petru/Dir.of Planning 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Re: Rancho Palos Verdes Project. The City, its officers, agents and employees are named as Additional Insureds per the attached Form CG20261185 CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 ORDINANCE/RESOLUTION NO. ORD. NO. 344 FILE:1203 X 1411 SUBJECT:APFROVING ADEVELOPMENT AGREEMENT WITH THE DEVELOPER OF THE RESIDENTIAL HOUSING PROJECT THAT IS LOCATED IN SUBREGION 1 OF THE COASTAL ZONE OF THE CITY OF RANCHO PALOS VERDES. INTRODUCED:1/19/99 ADOPTED:2/2/99 POSTED/PUBLISHED:2/10/99 ORDINANCE AND RESOLUTION DISTRIBUTION: 7,/lli�,d CITY ATTORNEY BLIC WORKS DEPT. RICHARDS, WATSON & GERSHON LAN. BLDG. & CODE ENFORCEMENT 333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPT. OS ANGELES, CA 90071 /iii 9 9 CITY MANAGER DEPT. k//2-j c9. FINANCE DEPT. BOOK PUBLISHING COMPANY HOMEOWNERS ASSOCIATION 201 WESTLAKE AVE. NORTH APPLICANT SEATTLE, WA 98109 SCHOOL DISTRICT REGISTRAR SOUTH BAY MUNICIPAL COURT 12400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE. NORWALK, CA 90651-1024 TORRANCE, CA 90503 ATTN: ELECTIONS ADM. ATTN: EXECUTIVE OFFICES (STREET VACATIONS/EASEMENTS/ LEAGUE OF CALIFORNIA CITIES ABANDONMENTS/ NAME CHANGES/ 702 HILTON CENTER DEDICATIONS/TRAILS) LOS ANGELES, CA 90017 L.A. COUNTY REGISTRAR-RECORDER L.A.COUNTY DEPT.OF PUBLIC 12400 E. IMPERIAL HIGHWAY PUBLIC ROADS NORWALK, CA 90651-1024 ATTN: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBRA., CA 91802-1460 500 WEST TEMPLE STREET LOS ANGELES, CA 90012 STATION COMMANDER (OWNERSHIP, EXEMPTION & MAPPING DIV. ) 16123 NARBONNE AVENUE LOMITA, CA 90717 SO. CALIFORNIA GAS COMPANY 2929 182ND STREET COX CABLE REDONDO BEACH, CA 90278-3922 43 PENINSULA ATTN: M. LOW ROLLING HILLS EST. , CA 90274 SO. CALIFORNIA EDISON COMPANY ///// INSTITUTE OF GOVERNMENTAL P.O. BOX 2944 STUDIES TORRANCE, CA 90509 LIBRARY, 109 MOSES HALL UNIVERSITY OF CALIFORNIA CALIFORNIA WATER SERVICE CO. BERKELEY, CA 94720 �/f/ /9 q 5837 CREST ROAD WEST RANCHO PALOS VERDES, CA 90275 a C' 7 H01") . �?Y'�ac� /,1e S S e, �a r1� e G e2,cter� GENERAL TELEPHONE COMPANY 22715 HAWTHORNE BLVD. L; nd �' 4.5 •�s7`' D-��l c-� TORRANCE, CA 90505 � GA, 2' ' iy i & , PACIFIC TELEPHONE COMPANY ( ; /r6 -742-`i). 19310 GATEWAY DRIVE, RM. 208 TORR.ANCE, CA 90502 N: \CITYCLERK\FORMS\CNTRLSHT.CC REVISED 6/98