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PC RES 2001-038It' P.C. RESOLUTION NO. 2001-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NO. 215, GRADING PERMIT NO 2229, COASTAL DEVELOPMENT PERMIT NO. 166, AND TENTATIVE PARCEL MAP NO. 26073 IN CONNECTION WITH THE DEVELOPMENT OF A RESORT HOTEL CONFERENCE CENTER, RESORT VILLAS, AND A 9 -HOLE GOLF COURSE (THE "LONG POINT RESORT") LOCATED IN COASTAL SUBREGION 2. WHEREAS, a formal application was filed by Destination Development Corporation (the "Developer") requesting approval of conditional use permits, grading permits, a coastal development permit, a tentative parcel map, and a general plan amendment to allow construction of a 550 -room (400 guest rooms and 50-3 keyed casitas) resort hotel and conference center, 32 private villas, and a 9 -hole golf course on 168 4 acres of land located within the City of Rancho Palos Verdes (the "Project"), and, WHEREAS, the Project will be located on two distinct geographical areas 103 5 acres of privately -owned land generally located at 6610 Palos Verdes Drive South and formerly occupied by Marineland (referred to herein as the "Resort Hotel Area" or the "RHA") and 64 9 acres of publicly -owned land generally located at 30940 Hawthorne Boulevard and commonly known as Upper Point Vicente ("UPVA"), and, WHEREAS, the applicant has submitted applications for four discretionary permits on the RHA, including requests for a conditional use permit to allow construction of a resort hotel and conference center with 400 single -keyed rooms in the main hotel and 50 multi -keyed casitas for a maximum additional 150 rooms, 32 resort villas, a portion of a 9 -hole golf course, and a proposed golf school and practice facility in the Commercial Recreational zoning district (CUP 215), a grading permit to allow grading for subdivision, master grading, and infrastructure improvements (GRP No 2229), a coastal development permit to allow construction of the proposed resort hotel and conference center, villas, and golf facilities within Subregion 2 of the City's Coastal Specific Plan (CDP No 166), and a tentative parcel map to allow the redefinition of land parcels in connection with the proposed Project (TPM No 26073) (collectively referred to as the "RHA applications"), and, WHEREAS, the applicant has concurrently submitted applications for two discretionary permits on UPVA, including requests for a conditional use permit to allow development of a portion of the proposed golf course and related ancillary uses on 64 9 PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 1 of 18 S acres of publicly -owned land located within the Open Space Recreational District and Institutional District (CUP 216), and a grading permit to allow grading for master grading and infrastructure improvements on UPVA (GRP No 2230) (collectively referred to as the "UPVA applications") The Planning Commission's findings and recommendations with respect to the UPVA applications are set forth in P C Resolution 2001-40, adopted concurrently with this Resolution, and, WHEREAS, the Project also involves a request for an amendment to the General Plan to change the land use designation on UPVA from Recreational Passive to Recreational Active (GPA No 28) The Planning Commissions findings and recommendations with respect to GPA No 28 are set forth in P C Resolution 2001-39, adopted concurrently with this Resolution, and, WHEREAS, the Planning Commission findings and recommendations set forth in the Resolution are expressly conditioned upon and contingent upon the City Council adopting GPA No 28 If the City Council denies the Project applicant's request to amend the General Plan designation on UPVA, this resolution will be null and void and of no further effect; and, WHEREAS, the City analyzed the Project's potential impacts on the environment in accordance with the California Environmental Quality Act ("CEQA") (Cal Pub Res Code §21000 et seq ), the State CEQA Guidelines (the "Guidelines") (14 Cal Code Regs §15000 et seq ) promulgated with respect thereto, and the City's local CEQA Guidelines, and, WHEREAS, the City prepared an Initial Environmental Study (the "Initial Study") for the Project pursuant to Section 15063 of the Guidelines The Initial Study concluded that there the Project might have a significant environmental impact on several specifically identified resources and governmental services, including aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, land -use and planning, noise, public services, recreation, transportation, and utilities and service systems, and, WHEREAS, based upon the information contained in the Initial Study, the City ordered the preparation of an environmental impact report (the "EIR") for the Project in accordance with the provisions of Guidelines Sections 15064 and 15081, and, WHEREAS, the City prepared and circulated a Notice of Preparation of the EIR from July 20, 2000, and September 4, 2000, for an extended 45 -day comment period in order to receive written comments on the appropriate scope of the EIR. The Notice of Preparation, together with the Initial Study, was circulated to the State Clearinghouse in the Office of Planning and Research for the State of California (the "State Clearinghouse") and to other responsible, trustee, and/or interested agencies and members of the public in accordance with Guidelines Section 15082(a), and, PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 2 of 18 1 WHEREAS, during the 45 -day comment period, the Planning Commission conducted a duly noticed public scoping session concerning the EIR in accordance with Guidelines Section 15083 The scoping session was noticed by publication in the local press, by mailing to all residents within a 500 -foot radius of the Project and by posting at City Hall, Hesse Park, and the Ladera Linda Community Center and was attended by the applicant, representatives of various agencies, and members of the general public The scoping session was held on August 22, 2000, and provided an introduction to the Project and the CEQA process and afforded an opportunity for the public and interested agencies to comment on the issues to be analyzed in the EIR, and, WHEREAS, the Draft Environmental Impact Report (the "DEIR"), together with those certain technical appendices (the "Appendices"), was completed on February 2, 2001 The City circulated the DEIR and the Appendices to the public, the State Clearinghouse, and other interested persons between February 6, 2001, and April 6, 2001, for an expanded 60 -day comment period pursuant to Guidelines Section 15087(c), and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 13, 2001, at which time all interested parties were given an opportunity to be heard and present evidence regarding the DEIR, and, WHEREAS, the Planning Commission held duly noticed public hearings on April 10, 2001, April 14, 2001, April 24, 2001, May 17, 2001, June 12, 2001, July 10, 2001, July 24, 2001, and August 14, 2001, August 28, 2001, and September 11, 2001, at which times all interested parties were given an opportunity to be heard and present evidence regarding the Project and the DEIR, and, WHEREAS, during the public review and comment process, the City received more than 30 hours of public testimony and more than 300 written and oral comments regarding the Project and the DEIR. The City prepared written responses to all comments and made revisions and additions to the DEIR in response to the comments The City completed the responses to comments on the DEIR and preliminary revisions to the DEIR in July 2001 and distributed those responses to commenting agencies and members of the public at least ten (10) days prior to considering the Final Environmental Impact Report (the "FEIR"), and, WHEREAS, after reviewing the responses to comments and the revisions to the DEIR, City staff, in consultation with the independent consultant retained to prepare the DEIR, concluded that the revised material in the biological resources analysis (Section 5 3 of the DEIR) constituted new information requiring recirculation of the biological resources analysis of the DEIR pursuant to Public Resources Code Section 21092 1 and Guidelines Section 15088 5, and, PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 3 of 18 WHEREAS, the City recirculated the Biological Resources Analysis of the DEIR to the public, the State Clearinghouse, and other interest persons between August 1, 2001, and August 30, 2001, for a shortened 30 -day comment period pursuant to State CEQA Guidelines Sections 15087(c) and 15105(a), and, WHEREAS, the Planning Commission held duly noticed public hearings on August 28, 2001 and September 11, 2001, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Project, the DEIR, and the Revised Biological Resources Analysis, and, WHEREAS, on August 14, 2001, the Planning Commission determined that the Project represented an appropriate use of publicly -owned land on UPVA, and, WHEREAS, on September 25, 2001 and October 9, 2001, the Planning Commission held a duly -noticed public meetings to consider the FEIR and the Project, including the RHA applications NOW, THEREFORE, THE PLANNING COMMISSION OR THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1 The RHA applications would permit grading of the RHA and the construction of a resort hotel with 400 rooms in the main hotel structure and 50 multiple -keyed casita units for a maximum aggregate of 150 additional accommodations, 32 privately -owned resort villas, a 68,000 square -foot conference/banquet facility, a 25,000 square foot spa and fitness center, 3 to 4 restaurants with an aggregate total of 22,500, 4 holes of a 9 -hole golf course, a 14,000 square -foot golf clubhouse, a golf academy and practice facility, tennis facilities for hotel guests, and various public amenities, including public trails, a public park, 825 parking spaces for the Project, and 100 additional parking spaces for use by the general public during City park hours Section 2 In considering the RHA applications, the Planning Commission independently reviewed and analyzed the FEIR for the Project in accordance with the requirements set forth in Section 15084(e) of the CEQA Guidelines By P C Resolution 2001-37, adopted concurrently herewith, the Planning Commission made certain environmental findings in connection with the Project, determined that the FEIR represents the independent judgment of the City as lead agency with respect to the Project, and recommended that the City Council certify the FEIR Additionally, with respect to the potential significant environmental effects identified in the FEIR, the Planning Commission finds as follows PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 4 of 18 l 21 The FEIR identifies potential significant environmental impacts related to Aesthetics/Light and Glare, Biological Resources, Cultural Resources, Geology, Soils and Seismicity, Hydrology and Drainage, Land Use and Relevant Planning, Marine Resources, Noise, Public Health and Safety, Public Services and Utilities, Traffic and Circulation, and Recreational Facilities However, as noted in the FEIR and PC Resolution 2001-37, these impacts can be mitigated to an insignificant level with implementation of the mitigation measures identified in the FEIR. The specific mitigation measures to be imposed are set forth in the Mitigation Monitoring Plan for the FEIR, attached as Exhibit C to P C Resolution 2001-37 2.2 The FEIR indicates that the Project will create significant unavoidable impacts to air quality and noise The impacts to air quality will arise from short-term construction -related activities and long-term operation of the Project, while the impacts to noise will arise from Project -related traffic The FEIR indicates that these impacts will remain significant even after they have been mitigated to the extent feasible All feasible mitigation measures suggested in the FEIR have been considered and will be adopted by the City and incorporated into the Project as a condition of Project approval No additional feasible mitigation measures or alternatives have been identified Accordingly, the Planning Commission recommends that the City Council adopt the Statement of Overriding Considerations attached as Exhibit B to P C Resolution 2001- 37 Section 3 The Planning Commission finds that pursuant to Guideline Sections 15087(e) and 15105, agencies and interested members of the public have been afforded ample notice and opportunity to comment on the FEIR and the RHA applications Section 4 Pursuant to Section 17 60 050 of the Rancho Palos Verdes Municipal Code ("RPVMC"), and based upon the evidence presented in the record, including staff reports, oral and written testimony, and the FEIR, the Planning Commission hereby makes the following findings with respect to CUP No 215 41 The proposed Project is consistent with the General Plan and the Zoning Code for the City of Rancho Palos Verdes The General Plan land use map designates the Resort Hotel Area ("RHA") as Commercial/Recreational Further, the proposed Project is consistent with the City's Official Zoning Map (adopted June 26, 1975) which designates the majority of the RHA as a Commercial Recreational (CR) zoning district, while the remainder of the project site consists of coastal bluffs designated as an Open Hazard (OH) zoning district. Chapter 17 22 of the RPVMC clearly defines the allowable uses in the CR zoning district and specifically permits the proposed resort hotel/conference center, golf course, and related ancillary uses with a conditional use permit. (RPVMC §17 22 030 ) Moreover, the Project, as designed, complies with all PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 5 of 18 A, 1 9 0 applicable restrictions for the OH zoning district (RPVMC §§ 17 32 030 and 17.32 040 ) The proposed resort and ancillary uses are visitor serving and include transient occupancy facilities consisting of a 400 room Resort Hotel, 50 multi -keyed casitas (for a maximum of 150 additional rooms), and 32 single -keyed Resort Villas, a 68,000 square foot conference/banquet facility, 3 to 4 restaurants, public recreational facilities, (including a 25,000 square foot spa/fitness center, public golf facilities - including 4 out of 9 holes and a driving and practice range, a 14,000 square foot golf clubhouse, tennis facilities for hotel guests, a network of public trails and vista points, and a public park), and 925 parking spaces (825 parking spaces for hotel guests and visitors, and 100 additional parking spaces for the general public). The Project will provide public access to the bluffs and coastline, while still protecting the sensitive marine environment. These land uses are consistent with those specified in the Coastal Specific Plan in Section 17.22.030 of the RPVMC (conditionally permitted uses In a CR zoning district). The Project, as conditioned or modified by the Planning Commission, will not result in adverse impacts to the public health, safety, or general welfare, or to the preservation of the City's paleontological, historical, and/or archaeological resources As more fully discussed in Section 5.4 of the FEIR, the proposed improvements to the Resort Hotel Area will not result in adverse impacts that cannot be mitigated to a level of insignificance in regards to archaeological/historical resources and paleontological resources, and the Planning Commission has, by adopting PC Resolution No 2001-37, recommended that the City Council impose mitigation measures requiring site monitoring during grading and construction phases to avoid disturbance to historical artifacts, archaeological remains, or fossils. Finally, it should be noted that the City and the Coastal Commission previously approved a prior project consisting of similar uses on the RHA. The elements of the current Project are consistent with the mix of uses contemplated by the prior entitlements, which were found to be consistent with the General Plan Further, the current Project incorporates more recreational amenities than were included in the previously approved entitlements. 4.2 The site is adequate in size and shape to accommodate the proposed Project and all yards, setbacks, walls, fences, landscaping and other features required by Title 17 of the RPVMC or by the conditions imposed pursuant thereto to integrate the Project with adjacent land uses and the neighborhood. The RNA consists of approximately 103.5 acres along the seaward side of Palos Verdes Drive South and was formerly occupied by the Marineland Aquatic Park. The RHA is adequate in size and configuration to accommodate the required development standards, and the Project, as modified by the Planning Commission, complies with, or is conditioned to be consistent with, all setbacks, lot coverage restrictions, landscaping, parking, trails and public access requirements Specifically, all proposed structures are setback approximately 40 feet from the property line abutting Palos Verdes Drive South (the Villas and entry trellis), approximately 310 P.C. Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 6 of 18 feet from adjacent nonresidential property ( the fishing access), and at least 100 feet from adjacent residential property Furthermore, there are no structures proposed within the required setbacks from residential property and residential streets, except for an entry trellis located at the main entrance, which is setback approximately 20 feet from the boundary line abutting residential property Pursuant to the authority set forth in RPVMC Section 17 12 030, the Planning Commission recommends approval of the portions of the proposed golf course located within the required landscape setbacks Additionally, the proposed Project exceeds the required 25 foot coastal setback established by the Coastal Specific Plan Therefore, the proposed project complies with the required setbacks for the CR and OH zoning district. As proposed, the lot coverage on the RHA is 1,013,060 square feet, which is 22 5 percent of the 103 5 acre -site, well within the maximum 30 percent lot coverage permitted by the RPVMC (Section 17 12 030) Moreover, the Project provides ample landscaping on the RHA. Although the RPVMC prohibits activity within the designated landscape setbacks, the Planning Commission has approved the proposed golf activities within these setbacks, provided that no structures are erected within the 20 - foot landscaping setback. The Project only proposes to locate golf fairways with no structures within the required landscape setback from Nantasket Road and the abutting residential properties Since the use of golf requires manicured landscaping, which will be enhanced with other more decorative or natural looking landscapes, the proposed Project will provide more than adequate landscaping throughout the RHA project site A traffic and parking study was prepared for the project in conjunction with the FEIR. The traffic study analyzed the projected traffic and circulation impacts of the Project and assessed the Project's parking needs The Project includes a parking supply of 925 total spaces, consisting of 100 spaces designated exclusively for use by the general public and 825 spaces for hotel guests and visitors The traffic study, which was prepared using the methodologies set forth in the Institute of Traffic Engineers Parking Manual, determined that the Project will provide parking at a rate of 1 7 spaces per guest room, a rate well above the accepted range of 0 80 to 1 4 parking spaces per guest room for comparable resorts, and concluded that the parking supply proposed by the Project applicant will adequately meet the hotel guest and employee parking needs for all of the site's amenities, as well as provide ample parking spaces for use by the general public visiting the site to enjoy the free public trails and coastal access amenities In addition to the resort hotel, the applicant proposes to include 4 out of 9 golf holes and a driving range/practice facility on the RHA site The Project, as conditioned and modified by the Planning Commission, adequately addresses golf -safety concerns, and the RHA site is adequate to accommodate the proposed golf facilities According to the Environmental Impact Report and subsequent comments received by the City's golf safety expert, the proposed golf holes and practice facility are adequately situated on the site to achieve a safely designed course PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 7 of 18 0 9 4.3 The Project site is served by streets and highways sufficient to carry the type and quantity of traffic generated by the proposed use. The environmental analysis conducted for the proposed Project included the preparation of a Traffic Study by the City's consultant, Urban Crossroads The traffic impact analysis evaluated the Project's projected impacts to local roadways, intersections, regional facilities and ingress/egress locations on-site. The traffic study served as the basis for the FEIR traffic analysis, Section 5.12, which analyzed existing traffic conditions, ambient growth traffic, other local projects, and the proposed project in relation to the guidelines established by the 1997 Congestion Management Program (CMP), prepared by the Los Angeles County Metropolitan Transportation Authority (MTA) The Rancho Palos Verdes Traffic Committee reviewed the traffic study and recommended that the Planning Commission approve the Project subject to the mitigation measures identified in the FEIR. Based on its independent review of the traffic study and the recommendation provided by the Traffic Committee, the Planning Commission recommended that the City Council impose mitigation measures requiring the Project to widen Palos Verdes Drive South to a 100 foot right-of-way immediately adjacent to the project site, provide a 150 foot minimum left turn pocket for vehicles traveling west of Palos Verdes Drive South and desiring to turn left into the hotel's main entrance, a traffic signal shall be installed by the applicant at the project entrance; and install certain roadway improvements at the intersections of Silver Spur at Hawthorne Boulevard, Hawthorne Blvd at Palos Verdes Drive North, and Western Avenue at 25th Street. As condition and modified by the Planning Commission, the Project will not result in any adverse traffic impacts at local streets or intersections Moreover, the Project provides ample emergency access and good on-site circulation. 4.4 The proposed Project, as conditioned or modified by the Planning Commission, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. Further, the Planning Commission does hereby declare that the FEIR was recommended to the City Council for certification pursuant to PC Resolution No. 2001-37, in compliance with CEQA and State and local Guidelines, and the Planning Commission has reviewed and considered the contents of the FEIR in making its recommendations. The planning Commission further finds that the social, recreation, economic and other benefits of the Project outweigh any unavoidable adverse environmental impacts that may occur. The Project implements the CR zoning designation for the RHA set forth in the General Plan, while preserving, to the extent feasible, much of the site as recreational open space, with public trails and vista points, golf facilities, and a public park The Project further provides a high quality resort hotel and conference center with a variety of ancillary uses that will provide additional public recreational opportunities, community meeting facilities, and local jobs Due to the overriding benefits and considerations, the Planning Commission finds that any unavoidable adverse environmental impacts of the Project are acceptable PC Resolution No 2001-37, including the detailed statement of overriding considerations attached thereto as Exhibit B, is hereby made a part of this resolution, by reference, as P.C. Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 8 of 18 N • required by CEQA. The Planning Commission further finds that the Project, as conditioned or modified by the Commission, adequately mitigates all golf -safety related concerns, protects view corridors, minimizes fencing, and preserves and enhances habitat. The Project has been conditioned to require a drainage plan that controls irrigation and runoff to regulate the project's impacts on marine biological resources, and the Project has been modified to provide buffer zones to protect sensitive native habitat and the endangered EI Segundo Blue butterfly on the RHA site 45 The Project complies with all applicable requirements of Chapter 17 40 (Overlay Control Districts) The RHA is located within the Urban Activities Overlay Control District, the Socio/Cultural Overlay Control District, and the Coastal Specific Plan The Urban Activities Overlay Control District is located along the northern portion of the RHA along Palos Verdes Drive South The Urban Activities District involves land areas with food and flower production, recreational, aesthetic, and scenic qualities, hill areas and predominant views The Project's consistency with the aesthetic and scenic qualities bordering Palos Verdes Drive South are addressed in Section 5 1 of the FEIR and were found to be not significant. Additionally, the discussion under Subsection 6 1 of this Resolution with respect to the findings for CDP 166 addresses many of these topics and concludes that the Project will not result in significant impacts and is consistent with the Coastal Specific Plan The Socio/Cultural Overlay Control District is intended to preserve, protect, and maintain land and water areas and improvements which have significant historical, archaeological or cultural importance to the public. Such impacts and mitigation measures are addressed in Section 5 4, Cultural Resources, of the FEIR The Project, as conditioned and modified by the Planning Commission, mitigates any potential impacts on the Socio/Cultural District to a less than significant level Finally, the RHA is entirely located within Subregion 2 of the Coastal Specific Plan District. The Project's consistency with the Coastal Specific Plan is more fully analyzed in Section 6 of this Resolution Based upon the evidence presented in the record, including staff reports, oral and written testimony, the FEIR, and the discussions in this Resolution, the Planning Commission hereby finds that the implementation of the proposed Project is compatible with the applicable requirements for the outlined Overlay Control Districts 46 In recommending certain conditions of approval and mitigation measures for the Project, the Planning Commission deems said conditions of approval and mitigation measures necessary to protect the health, safety and general welfare of the community Section 5 Pursuant to Section 17 76 040 of the RPVMC, and based upon the evidence presented in the record, including staff reports, oral and written testimony, PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 9 of 18 F0 • and the FEIR, the Planning Commission hereby makes the following findings with respect to GRP No 2229 51 The proposed grading associated with the Project does not exceed that which is necessary for the permitted primary use of the RHA. The grading takes advantage of the natural topography and will be balanced on the site with no import or export of material. The quantity of grading proposed does not exceed that which is necessary to improve the Project site with the proposed commercial and recreational uses, which have been recommended as part of the related conditional use permit application. As previously noted, the RHA will be developed with a multitude of commercial recreational based uses ranging from the resort hotel building to a golf course/driving range. The topography of the project site was altered in the past to accommodate Marineland and its related retail and entertainment uses. The proposed grading is requested to further alter the site's topography to allow the Project's proposed uses to capture views of the Pacific Ocean and Catalina Island from various vantage points of the RHA The grading will improve the overall existing dilapidated condition of the site By allowing the grading, the proposed improvements will cohesively connect active and passive recreational uses with entertainment based commercial uses by creating natural transition zones within the project site, thus minimizing the appearance of an over abundance of uses The recontounng of the site's terrain to accommodate a high quality golf course, hotel building, conference center, and subterranean parking garage is consistent with the uses conditionally permitted in the CR zoning district Therefore, the grading associated with the project will serve the community, by providing continued commercial services and expanded recreational opportunities for the general public, in keeping with the uses that once occurred on the project site. In fact, implementation of the Project and its required grading will enhance the general character of the surrounding area and provide the community with additional services and recreational opportunities. 52 The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties The proposed grading will step the main hotel structure into the existing topographic depression on the southwest portion of the site, and will permit the majority of the parking required for the Project to be placed in a subterranean parking structure, thereby reducing the visual impact of the Project and preserving view corridors identified in the Coastal Specific Plan when viewed from Palos Verdes Drive South and adjacent properties The Planning Commission also conditioned the Project to limit the finished roof ridgeline height of the villas nearest to Palos Verdes Drive South to not exceed above the grade of the street to further protect the identified view corridors. 53 The nature of grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The RHA was extensively graded in the past to form the building pads and parking lots for the Manneland development The grading associated with the Project will actually return the RHA to a more natural, sloping P C. Resolution No 2001-38 Resort Hotel Area October 9, 2001 Page 10 of 18 I N • topography. The quantity of earth movement has been balanced between the proposed cut and fill, which eliminates the need to transport earth to and from the site. The use of transitional slopes, as opposed to support structures, further enhances the natural appearance of the site by visually creating an undulating feeling of the site's terrain Once completed, the visual appearance of the project area will not appear as if substantial earth movement and site alterations occurred because the graded portions of the site will appear natural and landscaped accordingly. The site will also appear more natural and vegetated because of the removal of the flat and unnatural looking large parking areas, which will be replaced with the construction of a subterranean parking garage Thus, the proposed grading will minimize the disturbance of the natural contours, and finished contours will look more natural than the site's existing appearance. 54 The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing designed to blend any man- made or manufactured slope into natural topography As previously noted, the subject property was once occupied by Marineland, which largely disturbed the natural condition of the site with the exception of the natural bluff faces. The grading will attempt to restore the site to a sloping condition that is more akin to it's original topographic condition. This is achieved by respecting the natural grade of the project site, which descends from Palos Verdes Drive South towards the coastal bluffs. To enhance the appearance of natural topographic features, the proposed earth movement has been balanced, requiring no earth to be transported to or from the project site The proposed grading has been designed to manipulate the existing disturbed contours of the project site by creating a series of terraced building pads that will allow each of the proposed uses to maintain ocean and island views. The man-made or manufactured slopes are integrated into the existing contours through the use of transitional slopes that vary in height depending on the proposed grade differences between terraced buildings pads. In order to visually simulate the site's natural condition, the proposed earth movement for the golf course is designed in a manner that manipulates the contours with the use of earth berms, earth mounds and earth depression The fluid pattern of the golf course with the use of undulating slopes further mimics the rolling hillside character of the Peninsula while achieving a condition that enhances public safety through the use of natural features. The proposed Project will restore the natural sloped character of the site through the use of grading. Furthermore, the Project will enhance the visual transition between the natural and improved contours, landscaping is proposed that will soften the site's overall appearance and proposed improvements 55 The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. The RHA was formerly occupied by Manneland. Hence, much, if not all, of the natural environment of the site was impacted by this pre-existing development The Project, as conditioned or P.C. Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 11 of 18 • 0 modified by the Planning Commission, preserves the existing 4 54 acres of coastal sage scrub habitat on the RHA, and the identified wetlands and Mulefat, a sensitive wetland plant type, as well as the 3 9 acres of rocky shore/coastal bluff scrub habitat on the RHA, will be avoided, as indicated in the FEIR Furthermore, since the proposed project will generate increased run-off and additional water usage for the maintenance of the golf course, the Project has been specifically conditioned to require a drainage plan designed to address irrigation and runoff in order to regulate the Project's impacts on the surrounding environment, particularly with respect to the sensitive marine wildlife found in the coastal region abutting the RHA. 56 The grading exceeds the threshold for height of cut/fill, but departure from the standards does not constitute a special privilege nor will it be detrimental to the public safety or other property THE RPVMC limits the depth of a cut or fill to a maximum depth of five (5) feet. The proposed grading will consist of approximately 418,583 cubic yards of cut and 418,583 cubic yards of fill, for a balanced quantity of on- site earth movement. However, the proposed depth of cut and fill exceeds the five (5) foot height threshold Therefore, the Project must comply with the criteria set forth in Section 17 76 040 E 9 of the RPVMC The Project will improve the deteriorating condition of the site with commercial, retail and recreational uses that consist of a resort hotel, public golf course and other related ancillary uses, such as banquet facilities, restaurants, shops, spa facilities and public trails and parks The proposed uses are conditionally permitted within the CR zoning district. The requested grading is necessary to prepare the site for development of the proposed uses and to provide building pads that accommodate related hotel structures, parking, golf facilities and relatively flat areas for public parks The proposed grading is designed to accommodate the uses permitted pursuant to this Resolution in a manner that enhances the surrounding environment by cohesively connecting the natural contours with the finished contours Moreover, the proposed grading adequately mitigates public safety and health concerns related to golf safety, netting, fencing, view impairment, noise, lighting and traffic that are related to the project and may potential adversely impact the public's general welfare Departure from the standards in Section 17 76 040 will not constitute a grant of special privilege, and the proposed grading is consistent with the grading activities of commercial projects of similar size under like conditions Section 6 Pursuant to Section 17 72 090 of the RPVMC, and based upon the evidence presented in the record, including staff reports, oral and written testimony, and the FEIR, the Planning Commission hereby makes the following findings with respect to CDP No 166 61 The proposed Project is in conformance with the Coastal Specific Plan, which designates the site as appropriate for Commercial Recreational uses The proposed resort hotel/conference center and ancillary uses are consistent with the City's Coastal Specific Plan (adopted December 19, 1978, as amended) The Coastal PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 12 of 18 • 0 Specific Plan acknowledges the existing Commercial/Recreational use of the site on page S2-5 and future expansion of the commercial recreational uses on the site are discussed on pages S2-5 and 52-8 The RHA is located in Subregion 2 of the Coastal Specific Plan, which is referred to as an attractor/generator region because of its characteristic of being accessible, or at least partially accessible, to the vast majority of the public outside the Peninsula. The Coastal Specific Plan requires City approval, in the form of a conditional use permit, of all future improvements to the RHA to ensure that proposed uses are compatible with the City's General Plan, the RPVMC, and the Coastal Specific Plan. The Coastal Specific Plan, defines compatible uses as those uses of a commercial recreational nature which are visitor oriented, including but not limited to, retail facilities, recreation uses, motels, convention facilities, restaurants, and museums. While the primary designation for the RHA in the Coastal Specific Plan is for coastal dependent activities, the Plan recognizes that these uses may be impractical (see pp U-17 and U-18) Thus, the Plan designates the site for Commercial/Recreational uses, and the Project is consistent with this land use designation. The Project consists of mixed -uses that the Coastal Specific Plan considers compatible for Subregion 2 With respect to the privately -owned resort villas, the Planning Commission recommends the inclusion of a condition of approval limiting the villa owners' occupancy of their respective units to a maximum of three (3) months out of each year, with a maximum single visit duration of twenty-nine (29) days As so restricted, the Planning Commission finds that the villas are similar to hotel accommodations, as opposed to single-family units, in terms of consistency with the General Plan and the Coastal Specific Plan The Planning Commission has also modified the Project to preserve the view corridors identified in the visual corridors section of the Coastal Specific Plan As conditioned or modified by the Planning Commission, the Project adequately addresses concerns pertaining to visual corridors, visual quality, buffering from adjacent residential uses, attenuation of noise and lighting, protection of the natural environment, traffic and other pertinent impacts that are properly mitigated in order to achieve a harmony within the community. With respect to protecting the natural environment of the RHA, the Project site was formerly occupied by Manneland, leaving much of the site impacted by this development However, the Project, as conditioned or modified by the Planning Commission, preserves the existing 4 54 acres of coastal sage scrub habitat on the RHA, and the identified wetlands and Mulefat, a sensitive wetland plant type, as well as the 3 9 acres of rocky shore/coastal bluff scrub habitat on the RHA, will be avoided, as indicated in the FEIR Furthermore, since the proposed Project will generate increased run-off and increased water usage for the maintenance of the golf course, a drainage plan designed to address irrigation and runoff will be reviewed by the City to ensure the sensitive marine habitats off shore are not impacted by the Project. As previously noted, the FEIR concludes the project will not generate adverse traffic impacts that P.C. Resolution No. 2001.38 Resort Hotel Area October 9, 2001 Page 13 of 18 cannot be mitigated to a level of insignificance with the implementation of appropriate mitigation measures and conditions, as recommended by the Planning Commission pursuant to PC Resolution No 2001-37 Finally, although maintaining agricultural activity on the eastern portion of the RHA was identified as a "primary effort" in the Coastal Specific Plan, the City's RPVMC would have needed to be amended to add an Agricultural Land Use District that would be applicable to this portion of the RHA property The agricultural zoning district was never implemented by the City The Coastal Specific Plan indicates that if efforts to maintain this area of Subregion 2 for agricultural use are unsuccessful, then the Coastal Specific Plan recommends a secondary use of Commercial Recreation, as proposed by the General Plan Moreover, given the pattern of existing development and the existing Commercial Recreational land use designation, the Planning Commission finds that agricultural use is no longer a viable land use, and the proposed Project, with a resort hotel, conference center, golf facilities, and various ancillary uses is consistent with the Coastal Specific Plan 62 The proposed Project, which is located between the sea and first public road, is consistent with applicable public access and recreation policies of the Coastal Act. The Project will provide 100 public parking spaces on the RHA, vista points, trails along the bluff top, and coastal access points As proposed, the Project will provide increased public access trails to the shore as well as increased recreational opportunities for the general public, resort guests and resort visitors Additionally, the proposed Project is a visitor serving use, offering a resort hotel and conference center and related amenities which will be open and available for use by the general public, albeit at for a charge The amenities provided include hotel accommodations, golf facilities, restaurants, a spa and retail shops Additionally, the Project includes improvements that will enhance the existing coastal access trail while providing the public with a variety of additional recreational opportunities The Project applicant will improve the Marineland Trail along the seaward side of Palos Verdes Dive South which parallels the entire length of the Resort Hotel Area This trail is a joint -use public trail (pedestrian and bicycle) segment that connects the expanded Fishing Access Parking Lot to the main entry of the Resort Hotel Area Existing coastal access ramps formerly associated with Marineland will be maintained and enhanced to provide safe public access from the bluff top of the Resort Hotel Area to the shore Additionally, the applicant proposes to expand the parking lot of the Los Angeles County Point Vicente Fishing Access to provide an additional 50 parking spaces for the public as well as an additional 50 parking spaces on the hotel grounds for use by non -hotel guests or visitors during the day for public access to the surrounding trails and park. Finally, a portion of the RHA will be improved with a 2.2 acre Bluff Top Park overlooking the Pacific Ocean to the west and south In accordance with the requirements of the California Constitution, the Project has been conditioned to require the applicant to post signs in conspicuous locations to alert the public to the recreational opportunities available to the general public PC Resolution No 2001-38 Resort Hotel Area October 9, 2001 Page 14 of 18 0 0 Section 7. Pursuant to the requirements of the Subdivision Map Act (commencing with Section 66410 of the California Government Code), and based upon the evidence presented in the record, including staff reports, oral and written testimony, and the FEIR, the Planning Commission hereby makes the following findings with respect to TPM No. 26073: 7.1 The proposed map is consistent with applicable general and specific plans. The requested Tentative Parcel Map seeks to divide the 102 1 acre parcel into four (4) parcels, as described in the following table PROPOSED PARCEL PROPOSED USE PROPOSED SITE AREA PARCEL NO. 1 Resort Hotel, parking, casitas, 58.7 Acres tennis courts, pools, and spa facility PARCEL NO. 2 Golf Holes 19 7 Acres PARCEL NO 3 Golf Hales, Golf Practice 17.3 Acres Facility, and Golf Club House PARCEL NO. 4 Villas 6 3 Acres As the table illustrates, the proposed Parcel Map will not result in a change to the uses permitted within the RHA by the City's General Plan Land Use Policy Map or Coastal Specific Plan The proposed Parcel Map merely accommodates the allowable uses on individual parcels of land for financial and regulatory purposes 72 The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The City's General Plan Land Use Element and Official Zoning Map designate the RHA as Commercial Recreational. In order to subdivide within a Commercial Recreational land use designation, the General Plan and Zoning Map require new lots to meet certain minimum lot size requirements. In addition, the proposed Parcel Map must comply with all development standards, such as setbacks, lot coverage and building height identified in Chapter 17 22 of the RPVMC for the CR zoning district All newly created lots in the CR zone must meet the following minimum requirements: P.C. Resolution No 2001-38 Resort Hotel Area October 9, 2001 Page 15 of 18 0 0 ZONING MINIMUM SITE MINIMUM LOT MINIMUM MINIMUM AREA WIDTH LOT DEPTH STREET FRONTAGE CR 20 acres 250 feet 400 feet 200 feet Section 17.22.050 authorizes the Planning Commission to modify the minimum lot size for any newly created parcel through a Conditional Use Permit application The Planning Commission hereby modifies the minimum lot size for Parcel No 4, which will house the villas, to allow a reduced area of only 6 3 acres The Planning Commission finds that Parcel 4, as modified, is adequate in size and shape to accommodate the proposed villas and all related improvements and to meet all other development standards for the CR zoning district The Planning Commission further imposes a condition on the Project requiring the RHA to be operated as a single, cohesive use As modified and conditioned by the Planning Commission, the proposed subdivision will result in four (4) parcels that comply with or are conditioned to comply with the development standards for the CR zoning district Furthermore, the proposed lot division is consistent with the City's General Plan and Coastal Specific Plan requirement for compliance with zoning criteria 7.3 The site is physically suitable for the type and density of development that the proposed Parcel Map will create. The requested subdivisions will allow for a Resort Hotel with ancillary uses such as golf and spa facilities. The proposed Parcel Map will not result in any changes of use within the project area, but rather provide the applicant an opportunity to separate each of the proposed uses on separate parcels for financial and operational purposes Although the proposed Parcel Map will create four individual lots, each of the lots will indirectly be accessible from Palos Verdes Drive South through the use of the hotel entrance driveway. As indicated in below, the Project applicant proposes to record a public easement for the purposes of egress and ingress and trails along the driveway. This will not only allow the public to access the subject property for trails use, but will also allow public access to the proposed parcels. PC Resolution No 2001-38 Resort Hotel Area October 9, 2001 Page 16 of 18 7.4 The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat Since the RHA was formerly occupied by Marineland, much of the site has already been impacted by development. the Project, as conditioned or modified by the Planning Commission, preserves the existing 4 54 acres of coastal sage scrub habitat on the RHA, and the identified wetlands and Mulefat, a sensitive wetland plant type, as well as the 3 9 acres of rocky shore/coastal bluff scrub habitat on the RHA, will be avoided, as indicated in the FEIR. Furthermore, since the proposed Project will generate increased run-off and increased water usage for the maintenance of the golf course, a drainage plan designed to address irrigation and runoff will be reviewed by the City to ensure the sensitive marine habitats off shore are not impacted by the Project The Project will further be required to obtain approval from the State Water Resource Control Board for a Storm Water Pollution Prevention Plan By implementing the mitigation measures identified in Sections 5 3 and 5 6 of the FEIR, regarding biology and hydrology, respectively, the potential impacts from the Project will be reduced to a level of insignificance Thus, the proposed Parcel Map will not result in adverse environmental damage or substantial injury to fish or wildlife. 75 The design of the subdivision or type of improvements is not likely to cause serious public health problems. The Parcel Map will not result in newly created lots that will support development that is inconsistent with the City's General Plan and Coastal Specific Plan, as indicated earlier in this analysis. Rather, the Parcel Map will create individual lots that will accommodate each of the uses proposed for the RHA project site for financial and operational purposes Furthermore, the proposed land division will allow improvements to the RHA project site to occur in stages based on specific parcel improvements Thus, the proposed Parcel Map will not result in adverse impacts to the general public 7.6 The design of the subdivision or 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. The RHA contains numerous easements that were recorded on the property at the time Marineland and the surrounding residential tracts were developed Such easements are for storm drain, sewer and utility purposes. These easements will remain in full force and effect under the applicant's proposal, as indicated on the Parcel Map and the Site Plan, and the Project will be specifically conditioned to preserve these easements. Additionally, since the Project proposes a network of trails, public parking, and public access roads, the Project will be required to dedicate public access easements with the recordation of the Parcel Map to ensure continued public ingress and egress easement and enjoyment of the various trails and parking. 77 The Commission has considered the effect of the parcel map on the housing needs of the region as set forth in the City's Housing Element. The Project will be required to comply with the provisions of Section 17 11 140 of the RPVMC with P.C. Resolution No 2001-38 Resort Hotel Area October 9, 2001 Page 17 of 18 respect to the City's affordable housing requirements The Project is expected to create 700 jobs and, therefore, is subject to the City's affordable housing requirements in the RPVMC, and the Project will be conditioned accordingly If the City determines, through a feasibility study (as outlined in Section 17 11 080 of the RPVMC), that construction of low or very low income housing is not feasible, the Project developer will be required to pay an residential impact fee, established by resolution of the City Council Section 8 Based upon the evidence presented in the record, the findings set forth in Sections 4 through 7, inclusive, of this Resolution, and the FEIR, the Planning Commission hereby recommends that the City Council approve CUP No 215, GRP No 2229, CDP No 166, and TPM No 26073 subject to the mitigation measures identified in the FEIR for the Project and the conditions set forth in Exhibit A, attached hereto and incorporated herein by this reference PASSED, APPROVED, AND ADOPTED this 9th day of October, 2001, by the following vote AYES Chairman Lyon, Vice -Chairman Clark, Commissioners Cartwright, Paulson and Vannorsdall NOES Commissioners Long and Mueller ABSTENTION None ABSENT None Attest: RZ,444 � -1 n � FRANK LYOrT, Chairman J EL ROJAS irec r of Plan ing, Building and Code Enforcement tary to the ning Commission PC Resolution No. 2001-38 Resort Hotel Area October 9, 2001 Page 18 of 18 LONG POINT RESORT CONDITIONS OF APPROVAL RESORT HOTEL AREA (LONG POINT SITE) (Coastal Permit No. 166, Conditional Use Permit No. 215, Grading Permit No 2229, and Tentative Parcel Map No 26073) GENERAL CONDITIONS 1) The approvals granted by this resolution shall not become effective until the applicant and property owners submit a written affidavit that each has read, understands and accepts all conditions of approval contained herein Said affidavits shall be submitted to the City no later than ninety (90) days from the date of approval of the protect by the City Council. If the applicant and/or the property owner fail to submit the written affidavit required by this condition within the required 90 days, this resolution approving Coastal Development Permit No. 166, Conditional Use Permit No 215, Grading Permit No. 2229, and Tentative Parcel Map No. 26073 shall be null and void and of no further effect. 2) Each and every condition set forth in resolution No 2001-40 which approved Conditional Use Permit No. 216 and Grading permit No. 2230 is hereby incorporated by reference and specifically made a part of the Conditions of Approval of this Resolution. 3) In accordance with the provisions of Fish and Game Code §711 4 and Title 14, California Code of Regulations, §753 5, the applicant shall submit a check payable to the County of Los Angeles in the amount of $875.00 for the Fish and Game Environmental Filing Fee This check shall be submitted to the City within 48 hours of City Council approval of this protect If required, the applicant shall also pay any fine imposed by the Department of Fish and Game 4) Each and every mitigation measure contained in the Mitigation Monitoring program attached as Exhibit C to Resolution No 2001-37 is hereby incorporated by reference into the Conditions of Approval for Coastal Development Permit No. 166, Conditional Use Permit No 215, Grading Permit No 2229, and Tentative Parcel Map No. 26073. 5) The applicant shall fully implement the Mitigation Monitoring Program attached as Exhibit C to Resolution No 2001-37 and execute all mitigation measures as identified and set forth in the Final Environmental Impact Report for the protect as certified in said Resolution No. 2001-37. 6) The conditions set forth in this Resolution are organized by application type for ease of reference. Regardless of such organization, each condition is universally Exhibit'A' — Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001-38 October 9, 2001 Pagel of 24 0 0 applicable to the entire Resort Hotel Area, unless a condition clearly indicates otherwise. 7) Prior to the issuance of any building or grading permits for the project, the applicant and the property owner shall enter into a Development Agreement with the City pursuant the provisions of Government Code Section 65864 of seq 8) The Development Agreement shall address, at a minimum, the following A The protection of the City's interest in the golf course operation in the event that the hotel should cease operation; B Guarantee of minimum revenue generations as projected by the applicant and guarantee of all of the applicant's financial obligations under the Development Agreement in a form and amount acceptable to the City Council and the City Attorney, preferably an irrevocable letter of credit, which shall be provided to the City prior to the issuance of building permits, C. The Developer shall contribute, in a form and amount acceptable to the City Council, toward the development of the area excluded from the golf course (formerly Hole No. 5 as shown in the attached site plan exhibit dated September 6, 2001) with passive and/or active public recreational amenities; D. The maintenance and financial responsibilities of both the City and the applicant with respect to maintaining the public improvements constructed as part of the project, including but not limited to park improvements to the Upper Point Vicente Area consisting of grading, vegetation and irrigation; E The amount of compensation the applicant shall pay the City, to the satisfaction of the City Council, for the use of Upper Point Vicente as authorized by Resolution No 2001-_, F Provisions to dedicate or grant easements to the satisfaction of the City for all portions of the Resort Hotel Area dedicated to golf use, including but not limited to parking areas, the clubhouse, and all golf school facilities, to the City of Rancho Palos Verdes to ensure that the entire golf course is maintained as a public facility; G Tee time priority for Rancho Palos Verdes Residents over non-residents who are not staying at the hotel, a significant fee discount for use of the golf facilities for Rancho Palos Verdes Residents, and provisions allowing the formation, in conjunction with the project's golf course, of a Rancho Palos Verdes golf club open to Rancho Palos Verdes residents; H A guarantee to the 50/50 split of the tee times between non -hotel guests and hotel guests is equitable (i a all prime tee times are not to be reserved exclusively for hotel guests), I Payment of traffic impact fees in an amount determined by the Director of Public Works, J The Developer shall post a bond with the City in an amount acceptable to the City to cover costs associated with conversion of the golf course areas Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001-38 October 9, 2001 Page 2 of 29 0 ! on the Upper Point Vicente Area to another use as determined by the City, in the event that the golf course fails and the City decides not to continue the operation of a golf course, K Indemnity provisions, in a form acceptable to the City Attorney, requiring the applicant/operator to indemnify the City from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever resulting from any negligent act, failure to act, error, or omission of the applicant or any of its officers, agents, servants, employees, subcontactors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the construction or operation of the project. L Insurance provisions which comply with all of the City's standard insurance requirements (including, without limitation, (1) providing minimum coverage limits in an amount determined by the City's Risk Manager, (2) eliminating any deductibles or self-insured retentions, (3) inclusing of provisions clearly (i) naming the City, the members of its City Council, boards and commissions, officers, attorneys, agents, employees, designated volunteers, successors, and assigns as additional named insureds, (ii) making the insurance primary to any insurance maintained by the City, (iii) making the insurance limits apply separately to the site and to each named insured) adequate to ensure that the applicant can fulfill its indemnity obligations to the City. 9) Six (6) months after the issuance of a Certificate of Occupancy, the Planning Commission shall review the Conditions of Approval contained herein at a duly noticed public hearing. As part of said review, the Planning Commission shall assess the applicant's compliance with the conditions of approval and the adequacy of the conditions imposed At that time, the Planning Commission may add, delete or modify any conditions of approval as evidence presented at the hearing demonstrates are necessary and appropriate to address impacts resulting from operation of the project as a result of the operation of the resort hotel and golf course. Notice of said review hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Municipal Code (RPVMC) Section 17.80.090. As part of the six-month review, the Planning Commission shall consider the parking conditions, circulation patterns, lighting, and noise The Commission may also consider other concerns raised by the Commission and/or interested parties The Planning Commission may require such subsequent additional reviews as the Planning Commission deems appropriate. Exhibit W- Resort Hotel Area Conditions of Approval P C Resolution No 2001-38 October 9, 2001 Page 3 of 29 0 0 10) Any significant changes in the operational characteristics of the development, including, but not limited to, significant changes to the site configuration or golf course layout; number of guest rooms (increases or decreases), size or operation of the conference center, banquet facilities, spa, restaurants, or other ancillary uses shall require an application for revision to this Conditional Use Permit. The scope of any such review shall be limited to the request for modification and any items reasonably related to the request and shall be subject to review and approval by the Planning Commission At that time, the Planning Commission may impose such conditions as it deems necessary upon the proposed use resulting from operations of the project. Further, the Commission may consider all issues relevant to the proposed change of use, including but not limited to whether the entire Conditional Use Permit should be revoked 11) In the event that a condition of approval is in conflict or is inconsistent with any mitigation measure for this project, the more restrictive shall govern 12) These approvals shall expire twenty-four (24) months from the date of the City Council approval unless building permits for the main hotel structure have been applied for and are being diligently pursued Extensions of up to one (1) year may be granted by the Planning Commission, if requested prior to expiration 13) Any and all operators of the resort, including the hotel, all ancillary amenities, and the golf course, shall participate in the City's recycling program 14) The City encourages incorporation of a marine theme into the project, and if feasible, the utilization of some of the existing Marineland facilities 15) All Rancho Palos Verdes residents shall be given tee time priority over non- residents who are not staying at the hotel, and shall be eligible for a significant discount for use of the golf facilities 16) All golf facilities shall be opened to all members of the public regardless of age 17) All golf facilities, trails, parks and public areas shall be designed to protect golfers and the public in accordance with common safety standards and practices in the industry, subject to approval by the City's duly assigned Golf Safety Consultant. 18) All construction and grading activities shall be limited to the hours between seven a m and seven p m Monday through Saturday No construction shall occur on Sundays or legal holidays as set forth in RPVMC §17 96 920 unless a special construction permit is first obtained from the Director of Planning, Building and Code Enforcement. Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 4 of 29 9 • 19) The applicant shall defend, with counsel satisfactory to the City, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees, to attack, set aside, void or annul this resolution or one or more of the approvals set forth in this resolution and PC Resolutions 2001-37, 2001-39, and 2001-40. Alternatively, at the City's election, the City may choose to defend itself from any claim. Action or proceeding to attack, set aside, void or annul this resolution or one or more of the approvals set forth in this resolution. In that case, the applicant shall reimburse the City for all of its costs, including attorney fees, arising from such claim, action or proceeding. The obligations set forth in this condition include the obligation to indemnify or reimburse the City for any attorney fees that the City becomes obligated to pay as a result of any claim, action or proceeding within the scope of this condition In order to ensure compliance with this condition, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this resolution or one or more of the approvals set forth in this resolution, the applicant shall deposit with the City cash or other security in the amount of $75,000, in a form satisfactory to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the applicant shall restore the deposit to its original amount within fifteen (15) days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit or additional security is necessary to secure the obligations of this condition, the applicant shall provide such additional security within fifteen (15) days of notice from the City Attorney. The City shall promptly notify the applicant of any claim, action or proceeding within the scope of this condition and the City shall cooperate fully in the defense of any such claim or action. 20) The Applicant shall hold harmless and indemnify City, members of its City Council, boards and commissions, officers, employees, servants, attorneys, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense, including but not limited to death or injury to any person and injury to any property, resulting from willful misconduct, negligent acts, errors or omissions of Applicant, Project Operator, or any of their respective officers, employees, subconsultants, or agents, arising or claimed to arise, directly or indirectly, in whole or in part, out of, in connection with, resulting from, or related to the approvals granted pursuant to this resolution, the construction of the project approved by this resolution, the operation of the project once constructed, or the negligent performance or failure to perform any term, Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001-38 October 9, 2001 Page 5 of 29 provision, covenant, or condition of approval set forth in this resolution, the Development Agreement referred to in Condition 8 of this Resolution, or any Concession Agreement between applicant and City authorizing the use of UPVA, including this indemnity provision, by executing the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Attachment 1 and incorporated herein by this reference Such indemnity agreement shall be between the City and Destination Development Corporation, unless the City consents in writing to an indemnity agreement with a subsidiary of Destination Development Corporation In the event the City consents to enter the indemnity agreement with an entity other than Destination Development Corporation, said entity shall have sufficient capital and other assets to ensure that the City is adequately protected from any potential liability and Destination Development Corporation shall guarantee such indemnity in the event the other entity is financially insolvent. 21) The applicant shall procure and maintain in full force and effect for the duration of the Project general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the long-term operation of the resort hotel and golf -course authorized by this resolution Such insurance shall meet all the City's standard insurance requirements, shall be in an amount determined by the City's Risk Manager to be reasonably necessary to protect the City from any potential liability, and shall comply with all of the following requirements (a) Any deductibles or self-insured retentions must be declared to and approved by City except with respect to professional liability insurance At the option of City's Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, members of its City Council, boards and commissions, officers, employees attorneys, agents and volunteers, or Architect shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses (b) City, members of its City Council, boards and commissions, officers, employees, attorneys, volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional named insureds as respects liability arising out of activities performed by or on behalf of applicant to construct or operate the project; premises owned, occupied or used by the applicant; or automobiles owned, leased, hired or borrowed by applicant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 6 of 29 (c) For any claims related to the project, applicant's insurance coverage shall be primary insurance as respects City, members of its City Council, boards and commissions, officers, employees, attorneys, volunteers and agents serving as independent contractors in the role of city or agency officials Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Architect's insurance and shall not contribute with it. (d) Applicant's insurance shall apply separately to each insured against whom claim is made or suit is brought. Additionally, the limits of applicant's insurance shall apply separately to the project site (e) Each insurance policy required by this condition shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City (f) Each insurance policy required by this condition shall expressly waive the insurer's right of subrogation against City and members of its City Council, boards and commissions, officers, employees, servants, attorneys, volunteers, and agents serving as independent contractors in the role of city or agency officials 22) No on-site repair, maintenance or delivery of equipment and/or materials shall be performed before seven a m or after seven p m Monday through Saturday, nor on any Sunday or legal holiday, unless a Special Construct Permit is obtained from the City 23) Temporary construction fencing shall be installed in accordance with RPVMC § 17 56 020(C) 24) Plan Check and inspection costs shall be provided through the use of a trust deposit established with the Director of Public Works 25) This approval is conditioned upon the applicant entering into an agreement with the City of Rancho Palos Verdes within sixty (60) days of the date of approval of this project by the City Council to indemnify and defend the City against any and all damages, claims, judgments, and litigation costs including, without limitation, attorney's fees, arising from the approval of the project and all issue related thereto The indemnity agreement shall also hold the City harmless in case of injury or damage caused to persons or property by golfers The indemnity agreement shall be subject to review and approval by the City Attorney Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 7 of 29 COASTAL PERMIT NO. 166 26) No structural improvements shall be permitted within the area between the Coastal Structure Setback Line and the building footprint approved herein Notwithstanding the foregoing, the applicant may remodel the existing Lookout Bar, including adding a maximum expansion of 250 square feet. 27) The expansion to the Lookout Bar shall not exceed 250 square feet of new building floor area, unless a variance application is approved by the City in accordance with RPVMC Section 17 72 040(C) 28) Except as provided herein, no new structures shall be permitted in the Coastal Structure Setback Zone (the area 25' landward of the Coastal Setback Line) Prohibited structures include, but are not limited to, pools, spas, vertical support members and chimneys However, minor structures and equipment, as stated in Section 17 72 040 B of the RPVMC may be permitted, provided that the appropriate approvals are obtained from the Planning Department. 29) Pursuant to Section 17 72 040 C of the RPVMC, no new uses or structural improvements shall be allowed in the area seaward of the Coastal Setback Line including, but not limited to, slabs, walkways, decks 6" or more in height, walls or structures over 42" in height, fountains, irrigation systems, pools, spa, architectural features, such as cornices, eaves, belt courses, vertical supports or members, chimneys, and grading involving more than 20 cubic yards of earth movement, or more than three feet of cut or fill The "lower pool" and public restrooms included in the proposal could be pursued subject to separate approval of a variance and meeting the geotechnical requirements of the City 30) All proposed structures shall be constructed in adherence with the height limitations for vertical view corridors (Point Fermin Vista Corridor and Catalina View Corridor) as identified in the City's Coastal Specific Plan and the project's EIR. 31) The Resort Hotel Area shall be improved with public access trails, public parks and other public amenities, as shown on the plans approved by the City Council and stamped by the Planning Department with the effective date of this approval CONDITIONAL USE PERMIT NO. 215 32) The main hotel building and the freestanding bungalow units shall consist of no more than a aggregate total of 400 rooms and shall not be designed for multiple keys for a configuration exceeding 400 rooms A main hotel room, for purposes herein, shall consist of any of the following a typical guest room, a two -bay suite, one or more multiple -bay rooms with a single key, or a hospitality suite, as shown Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 8 of 29 0 0 in Exhibit 7 14 of the Long Point Resort Permit Documentation dated June 23, 2000 Further, a bungalow unit shall consist on a single keyed accommodation with one or more bedroom areas and which may contain a living room area as shown in Exhibit 7 15 of the Long Point Resort Permit Documentation dated June 23, 2000 33) The casita units shall consist of no more than 50 casita units, with a maximum keying configuration of three (3) keys per casita unit resulting in a maximum possible 150 accommodations 34) The resort villa units shall consist of no more than 32 single keyed units. The resort villa units may be sold to private entities, subject to the following restriction- An owner of a unit may utilize that unit for no more than ninety days per calendar year, and no more than twenty-nine (29) consecutive days at any one time. A minimum seven day period shall intervene between each twenty- nine (29) consecutive day period of occupancy by the owner. At all times that the owner is not occupying the unit, the unit shall be included in the hotel room rental pool and shall be managed by the hotel, and not a separate entity Deed restrictions to this effect shall be recorded prior to any sale of any unit 35) In the event that the resort villa units are not for sale, the units shall be Included as hotel accommodations to be managed by the resort hotel management team and not as a separate entity. 36) Prior to construction or grading activity for the resort villas, the following shall be completed a) The applicant shall process a tract map in accordance with the Subdivision Map Act. b) Deed Restrictions shall be recorded restricting the use and operation of the resort villas, in a form acceptable to the City Attorney. 37) The resort hotel shall contain the following ancillary structures and uses, and shall substantially comply with the number and square footage identified a) Conference Center / Banquet Facilities — 68,000 square feet b) Restaurant, bar and lounge - approximately 22,500 square feet c) Resort related retail, visitor services and guest amenities — approximately 20,000 square feet. d) Spa Facilities — 25,000 square feet e) Swimming pools - Three for the resort hotel, one for the West Casitas, and one for the East Casitas, and one within the spa facility f) Tennis Courts — Three Courts Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No 2001-38 October 9, 2001 Page 9 of 29 • g) Golf School / Club house — 14,000 square feet (including 7,000 square foot golf cart storage and maintenance facility) 38) The Resort Hotel Building, ancillary structures, and all accessory buildings associated with the golf course shall substantially conform to the plans approved by the City Council and stamped by the Planning Department with the effective date of this approval 39) Approval of this conditional use permit is contingent upon the concurrent and continuous operation of the primary components of the project, which are the hotel, casitas, banquet facilities, and the golf course 40) In addition to the Coastal Setback line, as required by the RPVMC, all other building setbacks shall comply with the Commercial- Recreational zoning requirements A Setback Certification shall be required prior to issuance of the Certificate of Occupancy 41) No heliport operations are approved or permitted for the Resort Hotel Area If in the future such operations are desired, an amendment of this Conditional Use Permit shall be required Any such amendment shall be reviewed by the Planning Commission subject to the provisions stated in the RPVMC Public Trails and Parks 42) Prior to the issuance of any building or grading permits for the hotel, casitas, spa, villas, or clubhouse, the applicant shall submit and receive approval for a Public Amenities Plan which shall include specific design standards and placement for all trails, vista points, parking facilities and park areas within the Resort Hotel Area Additionally, the Plan shall include the size, materials and location of all public amenities The Plan shall be reviewed and approved by the Planning Commission 43) Prior to the issuance of any Certificate of Occupancy, or prior to recordation of Final Parcel Map No 26073, whichever occurs first, the applicant shall dedicate all public trails to the City of Rancho Palos Verdes 44) All trails and access ways shall be constructed with appropriate trail engineering techniques, as approved by the City's Director of Public Works, to avoid soil erosion and excessive compaction 45) Prior to recordation of any final map or issuance of any grading permit the applicant shall submit to the Director of Public Works, for his/her review and approval, a public trails plans which outlines the on-site and off-site trails Exhibit'A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 10 of 29 proposed for the site The plan shall include details regarding trail surface, trail width, and trail signage 46) Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate and construct the public trails described in the City's Conceptual Trails Plan, Section 1, Trails C5, D4 and E2 Trail J2 shall be developed if a traffic signal is required at the intersection of Palos Verdes Drive South and the main entrance driveway Beach access at the southeast corner of the project site shall also be kept open to the public and shall be maintained by the applicant. 47) Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate easements and construct two Public Vista Points along the Long Point Trail (Trail D4) in locations to be approved by the Director of Planning, Building, and Code Enforcement. 48) The applicant shall provide twenty-four (24) hour security surveillance throughout the entire golf course on the Upper Point Vicente Area and the Resort Hotel Area throughout the calendar year Such surveillance shall include regular patrols through and around the access tunnel under Palos Verdes Drive South 49) The applicant shall construct class I and class II bikeways along Palos Verdes Drive South to the satisfaction of the Director of Public Works In the event any drainage grates are required, all grates shall be installed in a manner that is perpendicular to the direction of traffic 50) Prior to the issuance of any certificate of occupancy, the following park areas, as identified on the Resort Hotel Area site plan approved by the City Council, shall be improved and dedicate easements to the City of Rancho Palos Verdes a 2.2 acre Bluff Top Overlook park, b Bluff top Trails C. Coastal Access Trails 51) All trails shall be designed to the following minimum standards for trail widths, with easements extending an additional foot on either side of the trail a Pedestrian Only — 4 foot improved trail width, 6 foot dedication b Pedestrian/Equestrian — 6 foot improved trail width, 8 foot dedication c Pedestrian/Bike - 6 foot improved trail width, 8 foot dedication d Joint Pedestrian/Golf Cart — 10 foot improved trail, 12 foot dedication Where golf cart is parallel to pedestrian path, a 2 foot minimum separation between the two uses shall be incorporated into the design of the path in Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 11 of 29 0 question and maintained at all times thereafter All golf cart paths shall be curbed Standard golf cart only paths shall be 6 feet wide, and require no easement dedication 52) Wherever feasible and/or required by law, the applicant shall design, to the satisfaction of the Director of Planning, Building, and Code Enforcement, public trails and park facilities that are in compliance with the American Disabilities Act requirements 53) Wherever feasible, the applicant shall design trails, to the satisfaction of the Director of Planning, Building and Code Enforcement, that do not exceed a maximum gradient of twenty (20%) percent. 54) The following improvements within the Resort Hotel Area shall be completed prior to the operation of the golf course or the issuance of any certificate of occupancy, whichever comes first: a Public Trails to the satisfaction of the City b The coastal public parking area within the resort hotel project area serving the coastal access points C. The Fishing Access Parking Lot Expansion d The 2 2 acre bluff -top park. e The Palos Verdes Drive Trails Corridor / Flowerfield Trail Corridor improvements Street and Parking Improvements 55) Emergency Vehicular access shall be provided to the site in general, and the hotel, casita areas, and club house specifically Such emergency access shall be to the satisfaction of the Fire Department, and shall be reviewed, approved and installed prior to commencing construction of the hotel, casitas, villas or clubhouse 56) If the tunnel under Palos Verdes Drive South is constructed, the applicant shall install and maintain operable gates, controlled by knox boxes, at all points of entry to the access tunnel below Palos Verdes Drive South, which provides access to the golf course on both Upper Point Vicente and the Resort Hotel Area The access tunnel shall remain closed from one hour after sunset until one hour before sunrise The Los Angeles County Fire Department shall approve the installation and location of the gates and knox box. Exhibit 'A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 12 of 29 57) If the tunnel under Palos Verdes Drive South is constructed, the applicant shall install security lighting in the access tunnel to ensure the safety of golfers and the general public Such security light shall remain on at all times to enable easy surveillance of the access tunnels by public safety personnel 58) Prior to commencement of golf operations, the applicant shall submit a graffiti removal plan to the Director of Public Works for his/her review and approval to ensure proper maintenance for the access tunnel 59) The Resort Hotel Area shall maintain no less than 925 parking spaces, of which 100 parking spaces shall be dedicated for public use during City Park Hours, one hour before sunrise until one after sunset The dedicated public parking spaces may be used by the hotel to accommodate its overflow parking needs when the City parks are closed, as identified in the RPVMC 60) An appropriate public access easement from Palos Verdes Drive South to the public parking area shall be dedicated to the City prior to issuance of grading permits. 61) A Parking Lot Plan shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of project related grading permits. The Parking Lot Plan shall be developed in conformance with the parking space dimensions and parking lot standards set forth in Section 17.50.040 of the RPVMC. No more than 15% of the total parking spaces shall be in the form of compact spaces. 62) Prior to commencing the construction of the Fishing Access Parking Lot Expansion, and after approval of the Public Amenities Plan by the City, the applicant shall obtain all necessary approvals and clearances from the County of Los Angeles. 63) The applicant shall replace all damaged curbs, gutters, and sidewalks along the project's Palos Verdes Drive South frontage 64) Prior to the recordation of any final map, or issuance of any grading permit, the applicant shall submit security, in a form reasonably acceptable to the City, to cover any damage caused to existing public roadways during construction The amount of said security shall be determined by the Director of Public Works 65) All proposed drives shall be designed in substantially the same alignment as shown on the approved site plans, subject to final design review and approval by the Los Angeles County Fire Department. Exhibit W- Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001.38 October 9, 2001 Page 13 of 29 66) Any raised and landscaped medians and textured surfaces shall be designed to standards approved by the Director of Public Works 67) Handicapped access ramps shall be installed and or retrofitted in accordance with the current standards established by the Americans with Disabilities Act. Access ramps shall be provided at all intersections and driveways 68) If any streets are cut they shall be overlaid with asphalt from gutter line to center line or median curb line 69) Prior to commencing any excavation within the public rights-of-way, the applicant shall obtain all necessary permits from the Director Public Works 70) Prior to the recordation of a final map, or issuance of any grading permit, the applicant shall construct or enter into an agreement and post security guaranteeing the construction of the following public and/or private improvement in conformance with the applicable City Standards Street improvements, medians, sidewalks, drive approaches, bus turnouts, bikeways, street and trails, signing, striping, storm drain facilities, sub -drain facilities, landscape and irrigation improvements (medians, slopes, parks, and public areas including parkways), sewer, domestic water, monumentation, traffic signal systems, trails, and the undergrounding of existing and proposed utility lines If security is posted it shall be in an amount sufficient to ensure completion of such improvements, including, without limitation, the costs for labor and material The amount of such security shall be determined by the Director of Public Works 71) Prior to the issuance of any Certificate of Occupancy, the applicant shall complete the street improvements to Palos Verdes Drive South as identified in the Mitigation Measures set forth in the Mitigation Monitoring Plan attached as Exhibit C to Resolution No 2001-37 The improvements shall include the following Installation of a new Traffic Signal on Palos Verdes Drive South at the project entrance, a right turn lane for south -bound traffic to facilitate ingress into the project and a lengthened left turn lane for north -bound traffic to facilitate ingress into the project. 72) The design of all interior streets shall be approved by the Director of Public Works 73) The applicant shall dedicate vehicular access rights to Palos Verdes Drive South to the City, except as provided for private driveways and emergency access as shown on the site plan 74) The applicant shall pay the Environmental Excise Tax in accordance with RPVMC Section 3 20 Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No 2001-38 October 9, 2001 Page 14 of 29 75) Prior to the issuance of grading permits, the applicant shall submit detailed specifications for the structural pavement section for all streets, both on-site and off-site including parking lots, the Director of Public Works for his review and approval Traffic 76) Prior to the issuance of any occupancy permit, the applicant shall pay for its fair share of the following improvements to the intersection of Western Avenue (NS) at 25th Street (EW) Provide east leg of 25th Street with one left turn lane, two through lanes, and one right turn lane 77) Prior to the issuance of any occupancy permit, the applicant shall pay for its fair share of the following improvements to the intersection of Hawthorne Boulevard (NS) at Palos Verdes Drive North (EW) Provide west leg with one left turn lane, one shared left and through lane, one through lane, and one right turn lane. 78) Prior to the issuance of any occupancy permit, the applicant shall pay for its fair share of the following improvements to the intersection of Silver Spur Road( NS) at Hawthorne Boulevard (EW): Provide north leg with one left turn lane, two through lanes, and one right turn lane, and re -strip south leg with two left turn lanes, one through lane, and one right turn lane. 79) The applicant shall provide security, in a form reasonably acceptable to the City, in the amount of $100,000 to cover the applicant's fair share of impacts to any new traffic signal that may be required along Hawthorne Boulevard or Palos Verdes Drive West. This security will be held by the City for a three year period after which any unused portion shall be returned to the applicant. 80) The applicant shall comply with all applicable provisions of the City's Transportation Demand Management and Trip Reduction Ordinance as set forth in RPVMC Section 10 28 Landscaping/Vegetation 81) Prior to issuance of any grading permit for the Resort Hotel Area, the applicant shall record a conservation easement covering the Bluff-face/Habitat Preserve Area The conservation easement shall be recorded in favor of the City of Rancho Palos Verdes, and shall first be reviewed and accepted by the City Attorney. 82) A Landscape Plan shall be prepared in accordance with the standards set forth in RPVMC § 15 34 The Landscape Plan shall be submitted and approved by the Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001-38 October 9, 2001 Page 15 of 29 Director of Planning, Building and Code Enforcement prior to the issuance of any building permits for any building in the Resort Hotel Area In the event that the Director determines further review of the Landscape Plan by a qualified landscape architect is required, such review shall be conducted by a landscape architect hired by the City. The applicant shall establish a Trust Deposit account with the City to cover all costs incurred by the City in conducting such review. The Landscape Plan shall comply with the water conservation concepts, the planting requirements, the irrigation system design criteria, and all other requirements of the RPVMC. The plan shall also take into account protected view corridors as identified in the project EIR such that future impacts from tree or other plant growth will not result The landscape plan shall incorporate the low water/natural landscape buffer requirements for the bluff area adjacent to the EI Segundo Blue habitat. 83) All reasonable efforts shall be made to preserve and replant existing mature trees at the direction of the Director of Planning, Building and Code Enforcement. Any such replanted or retained tress shall be noted on the required landscape plans 84) Where practical, landscaping shall screen the hotel building, ancillary structures, and the project's night lighting as seen from surrounding properties and/or public rights-of-way. Li htin 85) The applicant shall prepare and submit a Lighting Plan for the Resort Hotel Area in compliance with Section 17 56 040 of the RPVMC. The Lighting Plan shall clearly show the location, height, number of lights, wattage and estimates of maximum illumination on site and spill/glare at property lines for all exterior circulation lighting, outdoor building lighting, trail lighting, parking lot lighting, landscape ambiance lighting, and main entry sign lighting. The Lighting Plan shall be submitted for review and approval by the Planning Commission prior to issuance of any building permit for the Resort Hotel Area 86) Parking and Security lighting shall be kept to minimum safety standards and shall conform to City requirements. Fixtures shall be shielded so that only the subject property is illuminated, there shall be no spillover onto residential properties or halo into the night sky A trial period of ninety (90) days from issuance of the Certificate of Occupancy of each component of the project (ie hotel, spa, west casitas, east casitas, clubhouse, and villas) for assessment of the exterior lighting impacts shall be instituted At the end of the ninety (90) day period, the City may require additional screening or reduction in the intensity or number of lights which are determined to be excessively bright or otherwise create adverse impacts. Exhibit `A'- Resort Hotel Area Conditions of Approval P.0 Resolution No 2001-38 October 9, 2001 Page 16 of 29 87) Outdoor tennis court lighting shall be permitted on individual timers up to 10 00 p m Light poles for such lighting shall not exceed an overall height of 16 feet. 88) No golf course lighting shall be allowed other than safety lighting for the use of trails through the golf course areas, and safety lighting for the tunnel areas under Palos Verdes Drive South Building Design Standards 89) The maximum heights of the buildings approved on the Resort Hotel Area shall not exceed the following criteria Hotel Building a Maximum roof ridgeline 153 feet above sea level — plus fireplace chimney to the minimum height acceptable by the Uniform Building Code b Maximum height of 86 feet at eastern elevation, as measured from adjacent finished grade located in the middle of the elevation, 53 feet at the inland most end of the elevation, and 50 feet from the seaward most end of the elevation c Maximum height of 50 feet at northern elevation, as measured from finished grade, 30 foot maximum at western most end of the elevation, and 40 foot maximum at the eastern most end of the elevation d Maximum height of 85 feet, as measured from lowest finished grade at the highest point along the southern elevation, 40 feet at the eastern most end of the elevation, and 50 feet at the western most end of the elevation e Maximum height of 90 feet, as measured from lowest finished grade elevation along the western elevation, 60 feet at the seaward most end of the elevation, and 50 feet at the inland most end of the elevation Casitas - Maximum height of the casitas shall not exceed 26 feet as measured from existing grade The Casitas located within the Coastal Specific Plan's Vertical Zone 1 shall not exceed 16 feet in height, as measured from finished grade Bungalows - Maximum height of the bungalows shall not exceed 26 feet as measured from adjacent existing grade Clubhouse — maximum height of the clubhouse shall not exceed 20 feet as measured from adjacent existing grade Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No 2001-38 October 9, 2001 Page 17 of 29 Accessory Structures — Maximum height shall not exceed 12 feet, as measured from adjacent existing grade Resort Villas — Maximum height shall not exceed 26 feet, as measured from adjacent existing grade for those villa structures located outside of the visual corridor of Vertical Zone 1 The Villa structures located in the visual corridor of Vertical Zone 1, as identified on the site plan, shall not exceed a maximum height of 16 feet, as measured from adjacent finished grade Architectural Features.. — architectural elements (cupolas, rotundas, and towers) may exceed the foregoing height limits with the prior written approval of the Director of Planning, Building and Code Enforcement, provided that such elements are generally consistent with the plans reviewed by the Planning Commission 90) In no event shall any structure exceed the elevation height of Palos Verdes Drive South adjacent to the Resort Hotel Area 91) The overall hotel building shall not exceed five stories in height at the critical section of the southern elevation 92) All trash enclosure areas shall be designed with walls six feet in height with the capability of accommodating recycling bins The enclosures shall be consistent with the overall building design theme in color and material, and shall include self closing gates The enclosures shall integrate a trellis type roof cover to visually screen and to reduce their visibility from all public rights-of-way and surrounding properties 93) In accordance with the Commercial Recreational zoning district, the Resort Hotel Area shall not exceed a maximum lot coverage of thirty (30%) percent. For the purpose of this project, the definition of Lot Coverage shall adhere to the residential standards set forth in Section 17 02 040(A)(5) of the RPVMC 94) Prior to the issuance of any building permits for the Resort Hotel Area, a Uniform Sign Program shall be prepared and submitted to the Director of Planning, Building and Code Enforcement for review and approval The Sign Program shall include all exterior signage including resort identification signs, spa identification signs, golf course signs including routing signs and any warning signs, public safety signs for trails and park areas, and any other proposed project signs Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 18 of 29 Utilities/Mechanical Equipment 95) All utilities exclusively serving the site shall be placed underground including cable television, telephone, electrical, gas and water. All appropriate permits shall be obtained for any such installation Cable television, if utilized, shall connect to the nearest trunk line at the applicant's expense 96) All utilities in the public right-of-way adjacent to the Resort Hotel Area property frontage shall be placed underground by the applicant 97) No above ground utility structures cabinets, pipes, or valves shall be constructed within the Public rights-of-way without approval of the Director of Public Works 98) Mechanical equipment, vents or ducts shall not be placed on roofs unless the applicant demonstrates, to the satisfaction of the Director of Planning, Building and Code Enforcement, that there is no feasible way to place the equipment elsewhere. In the event that roof mounted equipment is the only feasible method, all such equipment shall be screened and/or covered to the satisfaction of the Director of Planning, Building, and Code Enforcement so as to reduce their visibility from adjacent properties and the public rights-of-way Any necessary screening or covering shall be architecturally harmonious with the materials and colors of the buildings, and shall not increase the overall allowed building height. This condition shall apply to all buildings in the Resort Hotel Area, including but not limited to, the hotel, bungalows, casitas, villas, spa, and golf clubhouse 99) Use of satellite dish antenna(e) or any other antennae shall be controlled by Section 17 76 020 of the RPVMC Centralized antennae shall be used rather than individual antennae for each room, building or accommodation. 100) Mechanical equipment, regardless of location, shall be housed in enclosures designed to attenuate noise to a level of 65 dBA at the project site's property lines. Mechanical equipment for food service shall incorporate filtration systems to eliminate exhaust odors 101) All hardscape surfaces, such as the parking area and walkways, shall be properly maintained and kept clear of trash and debris at all times. The hours of maintenance of the project grounds and landscape, including but not limited to the golf course, shall be restricted to Mondays through Fridays from 7 00 a.m. to 5 00 p.m., and on Saturdays from 9.00 am to 4 00 p.m. No maintenance activities of any nature may be performed on Sundays and National holidays. 102) All deliveries of goods and supplies, such as, but not limited to, trash pick-ups, trash sweepers, and delivery trucks, shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Mondays through Sundays. Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001-38 October 9, 2001 Page 19 of 29 0 • 103) The storage of all goods, wares, merchandise, produce, janitorial supplies and other commodities shall be housed in permanently, entirely enclosed structures, except when in transport. Fences Walls and Gates 104) No gates or other devices shall be constructed which limit direct access to the project site No freestanding fences, walls, or hedges shall be allowed, unless a Uniform Fencing Plan is reviewed and approved by the Director of Planning, Building, and Code Enforcement, except as otherwise required by these conditions or the mitigation measures set forth in the Mitigation Monitoring Plan attached as Exhibit C to Resolution No 2001-37 105) The design of the fencing required along the bluff top park, bluff top trails, and the Habitat Preserve Areas shall be included in the Public Amenities Plan, as required herein 106) The applicant shall install fencing, not to exceed 42 inches in total height, along the property line abutting Nantasket Drive Additionally, the fence shall provide continuous access openings for public use, to the satisfaction of the Director of Planning, Building, and Code Enforcement. The design and materials of the fence shall be included in the Public Amenities Plan, as required herein. 107) No safety netting for the golf course or practice facility shall be permitted 108) Any fencing along Palos Verdes Drive South shall be no higher than 2 feet in height and shall be modeled to generally resemble the fencing installed along Palos Verdes Drive West for the Ocean Front Estates project GRADING PERMIT NO. 2229 Grading 109) The following maximum quantities and depths of grading are approved for the Resort Hotel Area, as shown on the approved grading plans dated August 17, 2001 and prepared by Incledon Kirk Engineers a Maximum Total Grading (Cut and Fill) 837,166 cubic yards b Maximum Cut- 418,583 cubic yards c Maximum Fill 418,583 cubic yards d Maximum Depth of Cut 35 feet (located in the area of the western most bungalow units) Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001-38 October 9, 2001 Page 20 of 29 0 9 e Maximum Depth of Fill 21 feet (located in the area of the more inland row of Western Casitas) Any modifications resulting in additional grading in excess of the above amounts shall require approval of an amendment to the grading permit by the Planning Commission. 110) All recommendations made by the City Geologist, the City Engineer, and the Building and Safety Division during the ongoing review of the project shall be incorporated into the plans for the project. 111) All recommendations made by the project's geologist, as modified by comments from the City's reviewers, shall be incorporated into the design and construction 112) Prior to the 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. 113) Prior to issuance of a grading permit by Building and Safety, the applicant shall submit to the City a Certificate of Insurance demonstrating that the applicant has obtained a general Lability insurance policy in an amount not less than 5 million dollars per occurrence and in the aggregate to cover awards for any death, injury, loss or damage, arising out of the grading or construction of this project by the applicant. Said insurance policy must be Issued by an insurer admitted to do business in the State of California with a minimum rating of A -VII by Best's Insurance Guide. Said Insurance shall not be canceled or reduced during the grading or construction work and shall be maintained in effect for a minimum period of five (5) years following the final inspection and approval of said work by the City, and without providing at least thirty (30) days prior written notice to the City. 114) All on-site improvements ( Parking lots, sidewalks, ramps, grading) shall be bonded for with the grading permit. 115) Prior to issuance of a grading permit, the applicant shall provide the Director of Planning, Building and Code Enforcement a plan that demonstrates how dust generated by grading activities complies with the South Coast Air Quality Management District Rule 403 and the City's Municipal Code Requirements which require watering for the control of dust 116) Prior to the issuance of a grading permit, the applicant shall prepare a plan indicating to scale clear site triangles which shall be maintained at each roadway and driveway intersection. No objects, signs, fences, walls, vegetation, or other Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No 2001-38 October 9, 2001 Page 21 of 29 • 9 landscaping shall be allowed within these triangles in excess of three feet in height. 117) Prior to the issuance of a grading permit, the following improvements shall be designed in a manner meeting the approval of the Director of Public Works 1) All provisions for surface drainage, 2) All necessary storm drains facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and 3) Where determined necessary by the Director of Public Works associated public street and utility easements shall be dedicated to the City 118) Prior to the issuance of any precise grading permit, the applicant shall submit to the Director of Public Works, a plan for the placement of traffic signing, pavement delineation, and other traffic control devices 119) Prior to the issuance of grading permits, the applicant shall submit to the Director of Public Works, for his review and approval, a construction traffic management plan Said plan shall include the proposed routes to and from the project site for all deliveries of equipment, materials, and supplies, and shall set forth the parking plan for construction employees All construction related parking must be accommodated on-site No construction related parking shall be permitted off-site 120) All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a restricted use area in which the erection of buildings or other structure shall be prohibited 121) Prior to the issuance of building permits, an independent Geology and/or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted for review and approval by the City Geologist in conformance with the accepted City Practice 122) An as -built geological report shall be submitted for structures founded on bedrock. An as -built soils and compaction report shall be submitted for structures founded on fill as well as for all engineered fill areas 123) The applicant's project geologist shall review and approve the final plans and specifications and shall stamp and sign such plans and specifications 124) An as -graded soils and geologic report, complete with geologic map, shall be submitted and reviewed prior to issuance of a building permit. 125) Foundations shall be set back from the Coastal Setback Line in accordance with the RPVMC and shall extend to such a depth as to be unaffected by any creep Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 22 of 29 prone surficial soil and/or weathered bedrock Field review and certification by the project geologist is required 126) All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance wit the applicable provisions of the RPVMC and the recommendations of the City Engineer. 127) The project stall comply with all appropriate provisions of the City's Grading Ordinance, unless otherwise approved in these conditions of approval 128) Grading activity on site shall occur in accordance with all applicable City safety standards. 129) Graded slopes shall be properly planted and maintained in accordance with an approved landscaping plan Plant materials shall generally include significant low ground cover to impede surface water flows 130) All manufactured slopes shall be contour graded to achieve as natural an appearance as is feasible. 131) Any water features (lakes, ponds, fountains, and etc ) associated with the golf course shall be lined to prevent percolation of water into the soil. Designs for all water features shall be included on the grading plans submitted for review by the City's Building Official and Geotechnical Engineer. 132) Should the project require removal of earth, rock or other material from the site, the applicant shall first obtain City approval of a revised grading permit Further, the applicant shall prepare a hauling plan and submit the same to the Public Works Department for review and approval prior to issuance of grading permits. 133) The use of a rock crusher on-site shall be conducted in accordance with the project's mitigation measures and shall be contained to the area analyzed in the project's Environmental Impact Report 134) Retaining walls shall be limited in height as identified on the grading plans reviewed and approved by the City Any retaining walls exceeding the permitted heights shall require the processing of a revised grading permit for review and approval by the Director of Planning, Building and Code Enforcement. Drainage 135) The irrigation, area drain, and any lake system proposed shall be reviewed and approved by the City's Geotechnical Engineer and Director of Public Works Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No 2001-38 October 9, 2001 Page 23 of 29 136) A report shall be prepared indicating how the grading, in conjunction with the drainage improvements, including applicable swales, channels, street flows, catch basins, will allow building pads to be safe from inundation from rainfall runoff which may be expect from all storms up to and including the 100 -year flood 137) All drainage swales and any other at -grade drainage facilities, including gunite, shall be of an earth tone color, as deemed necessary by the Director of Building Planning and Code Enforcement 138) All on -sate drainage shall be directed away from the bluff top to minimize erosion and to protect sensitive plant habitat on the bluff face. 139) All storm drains will be transferred to the County of Los Angeles for maintenance Accordingly, all plans shall be prepared in accordance with the County of Los Angeles Standards to the satisfaction of County reviewers. The County of Los Angeles and City shall inspect the storm drain construction. 140) Drainage plans and necessary support documents to comply with the following requirements shall be submitted for approval by the City Engineer prior to the issuance of grading permits A) Provide drainage facilities to remove any flood hazard to the satisfaction of the Director of Public Works and dedicate and show easements on the Final Map; B) Eliminate the sheet overflow and ponding or elevate the floors of buildings with no openings in the foundation walls to at least twelve inches above the finished pad grade, C) Provide drainage facilities to protect the property from high velocity scouring action, and D) Provide for contributory drainage from adjoining properties 141) Prior to issuance of grading permits, the applicant shall submit a hydrology and hydraulic study of the project site to the Director of Public Works The study shall address the project site and the offsite area immediately adjacent to the project site. The study shall Include a preliminary improvement plan that identifies the configuration of the proposed storm drain systems The proposed drainage study and plan shall consider all drainage deficiencies at the site as well as along Palos Verdes Drive South adjacent to the site. 142) The proposed site is adjacent to the bluffs which are a significant resource The project's storm drain plan shall assure that drainage shall be directed away from the bluff top to minimize erosion and to protect sensitive plant habitat on the bluff face. NPDES Exhibit `A'- Resort Hotel Area Conditions of Approval P.C. Resolution No. 2001-38 October 9, 2001 Page 24 of 29 143) Prior to acceptance of the storm drain system, all catch basins shall be stenciled with a water quality message in accordance with City Standards 144) Prior to the issuance of certificates of occupancy, the applicant shall furnish to the Director of Planning, Building and Code Enforcement a recorded copy of the CC&Rs or Maintenance Agreement outlining the post construction Best Management Practices. 145) The applicant shall prepare a storm water pollution prevention plan. 146) The applicant shall implement the project in full compliance with the standard urban storm water mitigation plan adopted by the Regional Water Quality Control Board. 147) The applicant shall be responsible for obtain all required permits from the California Regional Water Quality Control Board 148) The applicant shall prepare an erosion control plan in conformance with the City standards and the requirements of the Regional Water Quality Control Board. 149) The Applicant shall submit proof that permits from the Regional Water Quality Control Board have been received prior to the issuance of an grading plan. Sewers 150) All sewer improvements shall be transferred to the Countywide Sewer Maintenance District for maintenance Accordingly, all plans shall be prepared in accordance with district standards, and the district as well as the City shall inspect construction 151) A sewer improvement plan shall be prepared as required by the Director of Public Works and the County of Los Angeles. 152) If it is found that the requirements of the Plumbing Code cannot be met, no building permit will be issued for construction. 153) Prior to issuance of grading permits, the applicant shall submit to the Director of Public Works, a study analyzing the capacity of the existing sewer system and the impact from the development on the existing system. 154) Prior to issuance of grading permits, the applicant shall submit to the Director of Public Works, a written statement from the County Sanitation District accepting any new facility design and/or any system upgrades with regard to existing trunk line sewers. Said approval shall state all conditions of approval, if any. Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No. 2001-38 October 9, 2001 Page 25 of 29 155) Prior to the issuance of any certificate of occupancy, the applicant shall dedicate sewer easements to the City, subject to review and approval by the Director of Building, Planning and Code Enforcement and the Director of Public Works with respect to the final locations and requirements of the sewer improvements 156) Sewer Improvement plans shall be approved by the County of Los Angeles, the County Sanitation Districts, and the Director of Public Works 157) A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles County prior to the issuance of a permit to connect to the sewer line. Water 158) Any above ground facilities shall be placed on private property and screened from view from any public rights-of-way, to the satisfaction of the Director of Planning, Building and Code Enforcement In addition an easement to California Water Service shall be dedicated. 159) All lots shall be served by adequately sized water system facilities which shall include fire hydrants of the size, type and location as determined by the L A County Fire Department The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for a land division. Domestic flow requirements shall be determined by the L A County Fire Department. 160) 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 said structures. 161) The development shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the development. 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 Los County Fire Department is required prior to issuance of building permits. 162) The applicant shall file with the Director of Public Works an unqualified "will serve" statement from the purveyor serving the project site indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six months prior to the issuance of the building permits for the main hotel structure. Should the applicant receive a Exhibit `A'- Resort Hotel Area Conditions of Approval P C. Resolution No. 2001-38 October 9, 2001 Page 26 of 29 qualified "will serve" statement from the purveyor, the City shall retain the right to require the applicant to use an alternative water source, subject to the review and approval of the City, or the City shall determine that the conditions of the project approval have not been satisfied 163) Prior to the issuance of building or grading permits, the applicant shall file with the Director of Public Works, a statement from the purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that under normal operating conditions the system will meet the needs of the project. TENTATIVE PARCEL MAP NO. 26073 164) The proposed parcel map shall result in the creation of four (4) parcels 165) The applicant shall record a restrictive covenant requiring the various parcels, including the Cigna Parcel, within the Resort Hotel Area to operate as a single business entity 166) The applicant shall supply the City with one mylar and ten copies of the map after the final map has been filed with the Los Angeles County Recorders Office 167) All improvement plans shall be as -built upon completion of the project. Once the as -built drawings are approved, the applicant shall provide the City with a duplicate mylar of the plans 168) Plans for the improvement plans shall be prepared by a Registered Civil Engineer, and shall be prepared on standard city size sheets Plans shall be in substantial conformance with the approved tentative map and site plan as approved by the City Council and stamped by the Planning Department with the effective date of this approval 169) This approval expires twenty-four (24) months from the date of approval of the parcel map by the City Council, unless extended per Section 66452 6 of the California Government Code and Section 16 16 040 of the RPVMC Any request for extension shall be submitted to the Planning Department in writing at least sixty (60) days prior to the expiration of the tentative map 170) Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property 171) According to Section 16 20 130 of the RPVMC and the Subdivision Map Act (California Government Code Section 66410 et seq ), at the time of making the survey for the final parcel map, the engineer or surveyor shall set sufficient Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No 2001-38 October 9, 2001 Page 27 of 29 ! 0 durable monuments to conform with the standards of the Subdivision Map Act. Prior to recording the final map, the exterior boundary of land being subdivided shall be adequately monumented with no less than a two (2) inch iron pipe, at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary corner The parcel lot corners shall be monumented with no less than one-half inch iron pipe for the interior monuments. Spikes and washers maybe set in asphalt pavement and lead and tacks may be set in concrete pavement or improvements in lieu of pipes. All monuments shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. 172) The applicant shall be responsible for repair to any public streets which may be damaged during development of the subject parcels. 173) Easements shall not be granted within easements dedicated or offered for dedication to the City until after the final map is filed and recorded with the County Recorder No easements shall be accepted after recording of the final map that in any way conflict with a prior easement dedicated to the City, or any public utility All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. 174) Any easement that lies within or crosses public rights-of-way propose to be deeded or dedicated to the City, shall be subordinated to the City prior to acceptance of the rights-of-way, unless otherwise exempted by the Director of Public Works. 175) All utilities to and on the subject 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 nearest trunk line at the applicant's expense Prior to Submittal of the Final Map 176) Prior to submitting the final map to the City Engineer for examination, the applicant shall obtain clearance 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 Prior to Approval of the Final Map 177) Prior to approval of the final map, any off-site improvements, such as rights-of- way and easements, shall be dedicated to the City Exhibit `A'- Resort Hotel Area Conditions of Approval P C. Resolution No 2001-38 October 9, 2001 Page 28 of 29 0 178) Prior to approval of the final map, all existing public or private utility easements shall be shown on the final parcel map. 179) Prior to approval of the final map, parkland dedication fees and affordable housing fees, pursuant to Section 16 20 100 of the RPVMC, shall be paid to the City 180) The final map is subject to review and approval by the City Engineer The applicant shall establish a trust deposit with the City to cover any costs incurred by the City in conducting this review. 181) The proposed parcel map shall adhere to all the applicable dedications and improvements required per Chapter 16 20 of the RPVMC M \LONG POINT\GONDITIONS\RHA doc Exhibit `A'- Resort Hotel Area Conditions of Approval P C Resolution No 2001-38 October 9, 2001 Page 29 of 29 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Development Agreement/Concession Agreement/License/Permit No or description Indemnitor(s) (list all names) To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Rancho Palos Verdes and the members of its City Council, boards and commissions, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), resulting from any negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontactors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced agreements, license, or permits (the "Agreement"), the operation of any uses authorized thereunder, or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b) This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees ATTACHMENT PAGE 1 OF 2 INDEMNIFICATION & HOLD HARMLESS/ WAIVER OF SUBROGATION & CONTRIBUTION In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name Name By By Its Its ATTACHMENT 1 PAGE 2 OF 2 INDEMNIFICATION & HOLD HARMLESS/ WAIVER OF SUBROGATION & CONTRIBUTION • •X‘-' s.\ • 1 z•- .•.-. •'.' .•'' • : • , „. Loa V GolfCourse Fl.$0049-F-7 • / \c: . • , • 2-C vits r!tDRIVE Tfl411S cciRRicva#1: FF 1EW TRAIL, iThOIVII,D0) llT dal ancho Pwcea C Hall /., = OOLF SCHOOL/ Fan* PR-,CTICE F-_CILITY •• ▪ • • . •••• ••/' I • „.••;••._, , •;› \ is, • zT. / • . -r,••• ••. ••••.. ..,., ••,-,,-*.'? • .. - . • ,.. -:. • , ••••:,• •• "• ....\:',,....., ',.` \;...•- ‘, • •.-••s;-- ' • i`..k,\•-•::<•-,.•••,'AN. ./ ‘.....• e s.• \:•'.',,':',: h 7 \ ‘,.......4' \ 2 • \ • , . ‘‘, • - *** N vs*, \A;2*-‘si, .4' .• • C. .. ..,..-- . , : ,.... : . ..,,,.. 2., ....--;::. , • - \ '';,,, 0.- ..„,..,... OZ....'rl'''''L-.. .. . \ A\ ‘V;fir''''-'•' ,- :\ , ,..„, ..1,. •j„:.%'•'•• . ' •• ' .'• V "1 P'`..., • • 4a : I ''..\‘ A -''' v, ..• A.:-.,. . i-"- . _---.• 7 ..., .4 .• .,,,t .. \,.......---‘,. • , 1,1 ',1•,,:,,14 .:','",,\ •,„ 7--;-"i7, - • ,.;.,....:;,'"•...;.:r;•'( ..i... 7 .....• `., :'., ' ; '4k. //' I A ••:-L. ; 0 \i',‘ ...A.- L.,i;c•-•,f,..:',X .: ....-.t.-....`:'•-•:.•-- .:1"..:. -,•-v.- •' "'-7A-• ' ,‘ •,>!,,,, . --7.-:,.......... - -•';•:.:;.... ./.../ <• 1.. , ' . , ‘1/4 • - ...-1• ....... ... ,.. 1.11---/ ''''''..--. : . i I • . • - I: 111?;?, ,, ‘1.A.;•7\ A• • • ...g.,...-.." ••,, 1-" , • ,- • / • , • Singl Fffl.rnitaf Resit"Intlai , • • 1 $JON' , - A • • LEGE' 3-A PUBLIC -PLAY GOLF COURSE • ". • '•• • 20 RESORT COASTAL ACCESS PARKING AREA 0M. 'FM:AWN Ai AS A** PAelCarnaSAND O'''"111 PUBUC KAY OF=COURSE 7814ZOVV9ITORTfILLAS EXISTING PUBUC FMS H"'""1 PEDtZeWff 1V TRAM bLi7:1 JOINT -LBW LS RESORT WALKWAn I** • *I VAUPR°P318EDG TZIBLUC h-•••1 GOLF CART PATHS JOINT-LBE TRAIL (PED4A. W AND &MULE? MTh U• SE MAL PIEDESIRLAN AND Ealc.4 o ...t.,.., • :.-,,.,z..., .. . . L—Point Vicente \„.4.. . ; ,...., . - -.‘t..... Intypiptetive Cenfer ......-. .:......•:. .1 - ...:.--.......: wedsAccetk7gss • , io,•=1,./,' . • z.. *•-• : WEFNT SHORE ..401-W ACCESS MR DISABLED NOTE: This exhibit depicts a design component of the Long Point Resort. In conjunction with the submittal of construction drawings/specifications to the City of Rancho Palos Verdes or other public agencies for building ond similar permits, minor refinements may be -node to the design shown on this exhibit, provided they as consistent with the intent and character of this exhibit, and ore bosed upon an increased level of design/engineering information or are in response to legal/agency requirernents. LONG POINT RESORT mi 1111 1111111 II . I JI. I .. 1,1.1 .1.... .1 1 .J1 11.1 II 1.1111.111111. .. I .1.1111.11111111.1.1 IN Clity of Rancho Palos Verdes • California Point Vicente 3-B PUBLIC -PLAY ipCXF COURSE 2-A FISHING ACCESS PARKING EXPANSION U.S. Coast Guard Pole Lighthouse Site 1111.1411111111111111111111111 ..........11114.A......1.11.1.1111 1 .1. MAI - 2-8 BLUFF TOP PARK PACIFIC OCEAN II 1=111111H ,IlIl II 1111,1.....lain1111111 AISIL .1 ...1111111,1LJILIII1 All J 111111M ,J11.,..11.111.111.11.111 .11.111111111.11111. 1 NI I 1 111110.1411 I 4-A RESORT HOTEL AREA Long Point CONCE TU SEP is 2001 EVELOPMENT PLAN PTION 1/A luimaaut.allIJIJILIIILLIMIL., HAL mum ,hoes• IILL4.111111111111111L11.1161,11111111.J1,, J11.111111LIJIL lam mu, . . A . .1 1. 11111110 1 .1111111111.1411111111 111.1. 1111/11.111111 1111 J 1,1111 „ 1 .1 I . . . LC) El IOWA SEPTEMBER 4, 2001 /sys 1 /longpt/working/01 -09/condev-option-1 o,dwg • • -pne-Story - - - ••• • ••••-• • :11! • • 1/47' • • off tzinance _ NOTE, This exhibit depicts a design component of the Long Point Resort. In conjunction with the submittal of construction drawings/specifications to the City of Rancho Palos Verdes or other public agencies for building and similar permits, minor refinements may be made to the design shown on this exhibit, provided they ore consistent with the intent and character of this exhibit, and ore based upon an increased level of design/engineering information or are in response to legal/agency requirements. LONG ci of r 'orb, . .111. Vra: C Co • ar ES at • • ssio i 5!.5: • :tia' . 0 Lf) `--)LP 2001 • BUiLDING, 1.,A,'FORCE1ENT RT HOTEL Fri (11 ow, irection of at 8-28-01 M 103 IP) 1 V Planning lic Hearing .1 • Ini nr1 /- I ICIRMAt SEPTEMBER 4, 2001 -‘, • c4;•• • -• - • \ •• ' . . ss'.• -v*** • • •-• • • :, • , ,,•••• • 4, • i • ;;;.7.• .1.1/ ;0, .7 • I : t • ... \ .L.i.i: c.s•:':':-1.1 •:!. l'7, :•-i • t ,. ....,,,,..„.::•- • . . • .....— . ..H ., , • •,, . .. _ ••• . __:,..: , -,,..'- ......-_-_-_, , ,i _ • . \.,..1.....„..,:_:_i.i.,..•...•..,....•:, „. -T- .., --. --- ':.-- ..,:: .... 1 TT., . , ____ - • „•:-..- -- ,/,:-,-,....,.. ,1 .. 1.:•:, ..,, — - - L. 1..., • - - j •••••••":- f a! • ;.1 • I4! '.11 • `-i• • IVA:- • • - • - —• \s, ,' • .• ••.,:s • • ' -• -• ,'-`,4,•••,_•„,. • —• • • • . ••• • • • Rancho Palos Verdes City Hall •.• • • PROPOSED PEDtS u RIAN TRAIL JOINT -USE TRAIL (PEDESTRIAN AND CART PATH) PEDESTRIAN TRAIL GOLF CART PATH PARK/SCENIC OVERLOOK SAFETY ENVELOPE ..••••• .-- .--- • •••—•Tr A l'-,-4Ptt .411:g 14: • 71\ A.'', •••:. L OtENI Citv?ardV‘, ••.! , '•'• u • . • • • '1"'" " ‘.• •• • j. t•-1 , ., •••. ._ `, i•:. . . - . -- -,-: -•-- -. , ' "-s." --.. ''i'..:.-- • .1„:...... ' ,,. .,..,..., ,.,..s.i , . --, - ‘. - ' ,-,, ,: .-- .,'••=t;',:‘ •-,*: ,.? , , -.' ''''N.....v ...• ,, - .,,, ..... ""-- ' • \ "-- ' sc:i.,•-sr •i•- , •-. • ,., ,..., _ ..',7* 'f•=••-" . . , . .. - --,---, 11 • ' - '..r -i -.1A, ..),-4-,.1'..-..-7.‘-'4,, '.- `, OR LANDSCAPE FEATURE i : - FOR SArt o Y SEPARATION BETWEEN TRAIL AND HOLE #2. • •- . Golf Maintenance_ _ ...„ •;. • • • • • . • • ••••, .••• •••••• • •••• • • NOTE This exhibit depicts a design component of the Long Point Resort. In conjunction with the submittal of construction drawings/specifications to the City of Rancho Polos Verdes or other public agencies for building and similar permits, minor refinements may be made to the design shown on this exhibit, provided they are consistent with the intent and character of this exhibit, and are based upon an increased level of design/engineering information or are in response to legal/agency requirements. • ..-• - . • . .,=•••••• -"" .. • LONG POINT RESCR'if City of Rancho Palos Verdes • California TED CART PATH TO – -ACCOMMODATE NEW PARK • • • - - • • --• • • . • . . ..„. • -•• LiJ SEP 06 2001 PLANNII;\•;G, BUiLDiNG, D F FORCE ./1 N I MODIFIED U PVA OPTION A Prepared at Direction of RPV Planning Commission at 8-28-01 Public Hearing 111111 1 11I ISEPIEIABEII 4. 201.0 /sysl/longpt/working/01- 09/upva- option-a.thvg