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PC RES 2001-040P.C. RESOLUTION NO. 2001-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NO. 216 AND GRADING PERMIT NO. 2230 IN CONNECTION WITH THE DEVELOPMENT OF A PORTION OF A 9 -HOLE GOLF COURSE (THE "LONG POINT RESORT") LOCATED ON CITY -OWNED LAND COMMONLY REFERRED TO AS UPPER POINT VICENTE AREA. 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 Area ("UPVA"), and, WHEREAS, the applicant has 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 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"), 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, PC Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 1 of 13 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 applicant has concurrently 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") The Planning Commission's findings and recommendations with respect to the RHA applications are set forth in P C Resolution 2001-38, adopted concurrently with this Resolution, 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 P C Resolution No 2001-40 Upper Point Vicente Area October 9, 2001 Page 2 of 13 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, 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 PC Resolution No 2001-40 Upper Point Vicente Area October 9, 2001 Page 3 of 13 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, 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 meeting to consider the FEIR and the Project, including the RNA applications. NOW, THEREFORE, THE PLANNING COMMISSION OR THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1. The UPVA applications would permit grading of UPVA and the construction of a 5 holes of a 9 -hole golf course and related ancillary facilities, including a network of public trails, golf cart paths, public parks, and viewing pavilions Section 2. In considering the UPVA 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 21 The FEIR identifies potential significant environmental impacts related to Aesthetics/Light and Glare, Biological Resources, Cultural Resources, Geology, Soils P.C. Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 4 of 13 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 P C 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 22 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. 216- 41 As currently proposed, the Project is not consistent with the General Plan. However, as part of the applications for the Project, the Project applicant has concurrently submitted a request for a general plan amendment to change the land use designation on UPVA from Recreational Passive to Recreational Active ("GPA No. 28). Pursuant to PC Resolution No 2001-39, the Planning Commission recommended that the City Council adopt GPA No 28 to change the land use designation on UPVA. Assuming the City Council adopts GPA No 28, the proposed Project is consistent with the General Plan and the Zoning Code for the City of Rancho Palos Verdes The findings and recommendations set forth in this Resolution are expressly conditioned 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 P.C. Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 5 of 13 resolution will be null and void and of no further effect. The General Plan land use map designates Upper Point Vicente Area ("UPVA") as Recreational Passive The City's Official Zoning Map (adopted June 26, 1975) designates the majority of UPVA as an Open Space Recreational (OR) zoning district, while a portion of UPVA is designated as an Institutional (1) zoning district. Assuming the General Plan is amended to allow active recreational uses on UPVA, the OR zoning district specifically permits the proposed golf course and related ancillary uses with a conditional use permit. (RPVMC §17 34 040 ) Moreover, the Institutional zoning district expressly permits a wide range of public and quasi -public uses, including outdoor active recreational uses (such as golf) with a conditional use permit. (RPVMC § 17 26 030 ) The proposed 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 biological, paleontological, historical, and/or archaeological resources As more fully discussed in Sections 5 3 and 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 biological and 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 nesting gnatcatchers, sensitive biological resources, or historical artifacts, archaeological remains, or fossils 42 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 UPVA consists of approximately 64 9 acres along the landward side of Palos Verdes Drive South The UPVA site is largely undeveloped and contains remnants of the past military usage of the site, including a Nike missile facility, base end stations from the 1930s -1940s, and Battery 240 from World War II defense system UPVA 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 The development standards for the OR zoning district do not establish minimum setback criteria for structures Although no specific setback standard applies in this case, since the applicant proposes to construct four (4) lookout pavilions and a golf maintenance structure, that are considered ancillary structures to the primary use of golf within the portion of the project site that is designated as an OR zoning district. The closest lookout pavilion to a property line is located near the eastern most boundary line, abutting the Salvation Army property This structure is located above golf Hole No 6, immediately adjacent to a pedestrian trail, and is setback approximately 50 feet from the property line An additional lookout pavilion runs in a line parallel to Palos Verdes PC Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 6 of 13 • Drive West, located approximately 110 feet from the southern most property line. The lookout structures maintain adequate distance from the site's property lines since the purpose of these structures is to capture views, and the positioning is critical to maximize the benefits of their general use. In addition to the lookout pavilions, a golf maintenance structure accessed from Palos Verdes Drive West is proposed on UPVA. This structure will be setback approximately 100 feet from the property line abutting the Salvation Army property and approximately 400 feet from the property line abutting Palos Verdes Drive West Development in the OR zoning District must restrict lot coverage to a maximum of 10 percent As proposed, the lot coverage on UPVA is 179,400 square feet, which is only 6.3 percent of the 64 9 acre -site, well within the maximum 10 percent lot coverage permitted by the RPVMC (Section 17 34 050). Moreover, the Project provides ample landscaping on UPVA. The improvements to UPVA primarily consist of a public golf course, pedestrian and golf cart trails, designated public park areas, which include manicured landscaping, and habitat preserve and restoration areas The landscaping associated with the golf course will consist of earth berms, shrubbery and other plant material that will create a natural transition between the manicured golf course and the existing vegetation, including native habitat, which will be discussed in detail below. The pedestrian and golf cart trails will for the most part be located between existing and/or restored vegetation creating a natural buffer The proposed park area will be improved with park -like grasses surrounded by natural vegetation. The intent is to provide the public with a small but useable grassy area for recreational opportunities while preserving the natural condition of the site. The proposed project incorporates more than adequate landscaping, while still preserving a natural setting, since the vast majority of the area will be landscaped either with native plants or more formal landscaping. 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 spaces, including 100 spaces designated exclusively for use by the general public, all of which are provided on the RHA site. Although the operation of the public golf course is considered an ancillary use to the operation of the hotel, for which parking is considered adequate, the overall improvements to the UPVA support a separate parking analysis because of the assumed independent use of the UPVA by the general public The public trails and parks located within the UPVA can be accessed by the general public from Palos Verdes Drive West and Hawthorne Boulevard As conditioned or modified by the Planning Commission, the Project will provide 100 public parking spaces on City Hall grounds off Hawthorne Boulevard and an additional 42 parallel parking spaces are proposed along the public street cul-de-sac off Palos Verdes Drive West, behind St. Paul's Lutheran Church. Pursuant to Section 17.34.030(D) of the RPVMC, the Planning P.C. Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 7 of 13 0 Commission hereby finds that the parking for the golf course and ancillary usage of UPVA is consistent with the Nonresidential Parking and Loading Standards While there are no specific parking standards for this type of ancillary use, the number of parking stalls appears more than adequate since the vast majority of the golf users will park at the RHA. The traffic study, which was prepared using the methodologies set forth in the Institute of Traffic Engineers Parking Manual, determined that the parking supply proposed by the Project applicant will adequately meet the needs of hotel guests, golfers, and employees, 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 The Project, as conditioned and modified by the Planning Commission, adequately addresses golf -safety concerns, and UPVA site is adequate to accommodate the proposed golf facilities and adequately preserve the natural habitat. 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, and physical buffers and or fencing have been incorporated into the golf course layout to protect the habitat preserve areas from indirect impacts from golf activities 43 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 and provides ample emergency access PC Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 8 of 13 0 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 will preserve, to the greatest extent feasible, much of the site as recreational open space, with public trails and vista points, public parks, and preserved and enhanced natural habitat and vegetation The Project further provides a high quality golf course with a variety of ancillary uses that will provide additional public recreational opportunities, increase the accessibility of UPVA to the general public, 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 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 specifically conditioned to minimize potential impacts on biological resources. While the Project will disturb 4 91 acres of coastal sage scrub habitat, it will preserve 14.63 acres of existing habitat and will create 16 80 acres of new habitat. The 16.80 acres of new habitat represents a replacement ration of 3.45 acres of newly created habitat for each acre of habitat disturbed by the Project, a ratio well in excess of the typical mitigation standards of 2 to 1 or 3 to 1 replacement The proposed project will not result in adverse impacts to biological resources that cannot be mitigated with appropriate mitigation measures to a level of insignificance, and the Project will greatly enhance the aesthetic quality of UPVA, thereby benefiting adjacent properties and the public health, safety and general welfare. 45 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, and the FEIR, the Planning Commission hereby makes the following findings with respect to GRP No. 2230 P.C. Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 9 of 13 0 51 The proposed grading associated with the Project does not exceed that which is necessary for the permitted primary use of UPVA. 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 golf facilities and ancillary uses, which have been recommended as part of the related conditional use permit application Grading Permit No. 2230 seeks approval to grade portions of UPVA for roads, infrastructure and the construction of the golf course, public park area and related buildings The quantity of grading requested does not exceed that which is necessary to improve the project site to accommodate active recreational activities, as allowed with a Conditional Use Permit application, and the earth movement requested by the applicant is limited to the areas of proposed golf and designated public park areas The grading will allow for the creation of golf fairways that are nestled into the hillside, using the natural terrain strategically as a safety barrier to help control errant golf balls and to protect pedestrians. The proposed grading creates relatively level public park areas (slopes less than a 10% gradient) and will allow the general public to congregate for recreational purposes, such as picnicking and/or passive activities. By allowing the grading, the proposed development will cohesively connect the active recreational uses with passive recreational uses by creating natural transition zones within the project site, thereby preserving the surrounding environment and rural character of the Peninsula, while enhancing ocean views from designated public park areas Thus, the grading associated with the Project will serve the community by providing continued services and expanded recreational opportunities for the general public Based on the foregoing analysis, the Planning Commission finds that the proposed grading does not exceed that which is necessary for the primary use of the lot in that the subject site can accommodate the proposed project, which 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 actually enhance the visual relationship with neighboring properties by cleaning up the currently unkempt appearance of UPVA. The Project is specifically conditioned to limit the height of all accessory structures to preserve identified view corridors The proposed grading is designed around the existing contours of the site in order to cohesively integrate the graded portion of the site with the natural contours Furthermore, the proposed grading is not designed to accommodate any buildings or structures which may impair views. In addition, the proposed maintenance structures, are tucked into sloped areas to minimize their visibility from off the site The proposed grading will not significantly impair ocean views from neighboring properties nor create a visually adverse impact P.C. Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 10 of 13 53 The nature of grading minimizes disturbance to the natural contours and finished contours are reasonably natural The grading minimizes the disturbance of natural contours by concentrating the majority of the grading (approximately 60 percent) in that the area which was previously disturbed by the Federal Government for military activities and structures Nonetheless, UPVA consists of natural contours that surround the areas previously disturbed Although some of these contours may have been disturbed during the Federal Government's ownership of UPVA, the areas predominantly located towards the lower portion of the site maintain a natural appearance, and some areas contain native plant communities In order to minimize the grading impacts to the existing natural contours, the quantity of earth movement proposed is limited to specific areas of the project site that will accommodate the necessary golf fairways and related pedestrian and golf cart paths By limiting the grading to specific areas, as opposed to grading the entire project area, the proposed improvements are designed to blend with the natural form of the site 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 be surrounded by natural open space Furthermore, the proposed earth movement has been designed in a manner that minimizes the use of retaining walls or other support structures typically found with grading projects and maximizes the conservation and retention of natural habitat and vegetation 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 The proposed grading manipulates the existing contours by creating level pad areas that are visually integrated with the natural contours through the use of transitional slopes The transitional slopes are designed to visually connect the graded and non -graded portions of the project site through the use of earth berms, earth mounds, and earth depressions The proposed grading has been designed to limit the use of retaining walls or other support structures This minimizes the appearance of site alterations usually related to grading projects and maintains the project site in a generally natural state Furthermore, as a means of enhancing the visual transition between the natural and improved contours, landscaped buffer zones will be re -vegetated with natural habitat, which will be discussed in detail later in the analysis Additionally, the grading over the existing Nike Silos will visually augment the hardscape associated with the Silos with a more natural condition utilizing landscaping and undulating slopes The proposed grading, 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 biological, paleontological, historical, and/or archaeological resources Specific mitigation measures have been imposed requiring the Project applicant to document all cultural and/or historical resources before commencing grading operations PC Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 11 of 13 to ensure such resources are recorded Further, the Project has been conditioned to require the Project applicant to cease grading activities near nesting gnatcatchers 55 The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation UPVA contains areas of significant biological resources The proposed Project would disturb approximately 4 91 acres of habitat, whale conserving 14 63 acres of undisturbed habitat In order to offset habitat impacts, the Project applicant will revegetate UPVA with 16.80 acres of newly created habitat, resulting in a total of 31 43 acres of habitat. As proposed, the Project mitigates its impacts to habitat at a ratio of 3 4 acres of revegetated and newly created habitat for each acre of habitat disturbed by the Project The FEIR concludes that the proposed ratio of revegetation and conservation far exceeds the "typical mitigation standards of 2 to 1 and 3 to 1" Additionally, the areas proposed for natural habitat are consistent with two of the three alternative preserve designs for the City's Natural Communities Conservation Plan (NCCP). Thus, approval of the Project would not preclude adoption of the NCCP Although the FEIR indicates that the Project may have potential adverse on a variety of wildlife, the impacts are not considered significant because the impacts caused by the Project would not substantially diminish habitat or wildlife species in the region, nor would the impacts reduce any species wildlife populations in the region to below self-sustaining numbers. Furthermore, mitigation measures have been imposed upon the Project which reduce the Project's indirect impacts from noise, dust and urban pollutants, night lighting and human activity, to a level of insignificance. 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 consists of approximately 182,498 cubic yards of earth movement that will be used to prepare the site for the use of a public golf course and related public trails and park area. The grading will be balanced and will consist of approximately 91,249 cubic yards of cut and 91,249 cubic yards of fill 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 a variety of public recreational uses including a public -play golf course, a network of pedestrian trails, four (4) lookout pavilions, and public parks. The proposed uses are conditionally permitted within the OR and I zoning districts The requested grading is necessary to prepare the site for development of the proposed uses and to provide building pads that accommodate golf facilities and accessory structures 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 P.C. Resolution No 2001-40 Upper Point Vicente Area October 9, 2001 Page 12 of 13 Ll 9 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. Based upon the evidence presented in the record, the findings set forth in Sections 4 through 5, inclusive, of this Resolution, and the FEIR, the Planning Commission hereby recommends that the City Council approve CUP No. 216 and GRP No. 2230 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, Commissioners Cartwright, Paulson and Vannorsdall NOES: Vice -Chairman Clark, Commissioners Long and Mueller ABSTENTION None ABSENT None Attest -7 FRANK LYONIthairman JOE R(I O_ ' JAS Dire or f Planning Bui ing and Code Enforcement [ to (t SecrVery to the Pla ni Commission P.C. Resolution No. 2001-40 Upper Point Vicente Area October 9, 2001 Page 13 of 13 LONG POINT RESORT CONDITIONS OF APPROVAL UPPER POINT VICENTE AREA (Conditional Use Permit No. 216 and Grading Permit No 2230 ) 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 project 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 Conditional Use Permit No. 216 and Grading Permit No. 2230 shall be null and void and of no further effect 2) This resolution shall not become effective unless and until the proposed amendment to the Program of Utilization for Upper Point Vicente area, as referenced in P.0 Resolution No 2001-39, has been adopted by the National Parks Service. 3) This Resolution shall not become effective unless and until the proposed General Plan Amendment changing the land use designation on the Upper Point Vicente property from Passive Recreational to Active Recreational (General Plan Amendment No. 28) has been adopted by the City Council, as recommended by the Planning Commission in P.C. Resolution No 2001-39 4) 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 project If required, the applicant shall also pay any fine imposed by the Department of Fish and Game. 5) Each and every mitigation measure contained in the Mitigation Monitoring program attached as Exhibit C to P C Resolution No 2001-37 is hereby incorporated by reference into the Conditions of Approval for Conditional Use Permit No 216, and Grading Permit No. 2230. 6) Each and every condition set forth in Resolution No 2001-38 which approved Coastal Permit No. 166, Conditional Use Permit No 215, Grading Permit No 2229, and Tentative Parcel Map No 26073 is hereby incorporated by reference and specifically made a part of the Conditions of Approval of this Resolution Exhibit `A' — Upper Point Vicente Area Conditions of Approval P C Resolution No 2001-40 October 9, 2001 Page 1 of 18 7) The applicant shall implement the Mitigation Monitoring Program and execute all mitigation measures as identified and set forth in the Final Environmental Impact Report for the project as certified in P C. Resolution No. 2001-37. 8) The conditions set forth in this Resolution are organized by application type for ease of reference Regardless of such organization, each condition is universally applicable to the entire Resort Hotel Area, unless a condition clearly indicates otherwise. 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 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 and may consider all issues relevant to the proposed change of use, including but not limited to whether the entire Conditional Use Permit should be revoked. 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 Exhibit'A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No 2001-40 October 9, 2001 Page 2 of 18 ! 9 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 golf course shall participate in the City's recycling program. 14) 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. 15) All golf facilities shall be open to all members of the public regardless of age. 16) 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 17) The applicant shall provide the City with new maintenance facilities as follows An approximately 400' x 400' new maintenance yard The yard shall have an asphalt surface. A new maintenance building with the following characteristics 5,400 square feet of inside storage area which is easily assessable from the exterior, 1,000 square feet of office space, male and female restroom facilities with showers, five inside parking bays for trucks. The maintenance yard shall include both covered and uncovered storage facilities as approved by the Director of Public Works. The maintenance yard shall be screened from view from all public rights-of-way, public park areas, and the City Hall site with appropriate landscaping 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. 19) 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. 20) Temporary construction fencing shall be installed in accordance with RPVMC § 17.56 020(C) 21) Plan Check and inspection costs shall be provided through the use of a trust deposit established with the Director of Public Works. Exhibit 'A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 3 of 18 9 22) 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. CONDITIONAL USE PERMIT NO. 216 23) The golf course and support facilities shall substantially conform to the plans revised and approved by the City Council and stamped by the Planning Department with the effective date of this approval. 24) The City expressly reserves the right to use of the entire property, including the golf course, for future City -sponsored events provided that advanced notification is given to the operator of the golf course at least two months before any such scheduled event. 25) At no time may the use of golf carts or other related vehicles be permitted on City streets 26) Prior to issuance of any grading permit for the construction of the golf course or any other facility on the Upper Point Vicente Area, the applicant shall execute a Concession Agreement with the City allowing for regulating the use and operation of the golf course and City property, in a form acceptable to the City Attorney and the National Park Service 27) The golf course shall contain the following ancillary structures and uses, as shown on the site plan reviewed and approved by the City Council a) Public Trails b) Public Parks c) Public Viewing Pavilions d) Golf Maintenance Facility 28) In the event it becomes necessary to remove the existing helipad on the Upper Point Vicente Area in order to accommodate the project, prior to destruction of the existing helipad, the applicant shall construct a replacement helipad at a location near City Hall acceptable to the Fire Department 29) In the event that the emergency ham radio station is disrupted, the developer shall re -locate said facilities in an area deemed acceptable by operators and the City Exhibit'A' — Upper Point Vicente Area Conditions of Approval P C Resolution No 2041-40 October 9, 2001 Page 4 of 18 30) Prior to the issuance of grading permits for the golf course 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, viewing pavilions, parking facilities and park areas within the Upper Point Vicente Area 31) The public improvements, including but not limited to, trails, lookout pavilions, and public parking areas within the Upper Point Vicente Area shall be completed prior to the opening of the golf course/school 32) 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. 33) 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, caritas, banquet facilities, and the golf course Public Trails and Parks 34) 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 35) 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 proposed for the site. The plan shall include details regarding trail surface, trail width, and trail signage. 36) 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 Resort Hotel Area shall also be kept open to the public and shall be maintained by the applicant 37) Prior to issuance of any Certificate of Occupancy, the developer shall 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. 38) No trails shall be located in the proposed habitat area between the Coast Guard property and Hole No. 2, as shown on the site plan dated September 6, 2001, which was reviewed and approved by the Planning Commission If the applicant Exhibit `A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 5 of 18 0 • relocates the trail, said trail shall be relocated outside of the habitat area, subject to review and approval by the Director of Planning, Building and Code Enforcement. 39) The developer 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. 40) 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 joint path 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. 41) Wherever feasible, the applicant shall design, to the satisfaction of the Director of Planning, Building and Code Enforcement, public trails and park facilities that comply with the requirements of the Americans with Disabilities Act. 42) 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. Street and Parking Improvements 43) Emergency Vehicular access shall be provided to the site in general and the Golf Maintenance Facility Such emergency access shall be to the satisfaction of the Fire Department, and shall be reviewed and approved prior to commencing any construction on the project The installation of the emergency vehicular access shall be completed prior to issuance of the Certificate of Occupancy for any structure. 44) 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 Exhibit'A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No 2001-40 October 9, 2001 Page 6 of 18 0 0 until one hour before sunrise The Los Angeles County Fire Department shall approve the installation and location of the gates and knox box 45) Prior to commencing operation of the golf course, the City Hall Parking Lot shall be improved, to the satisfaction of the Director of Public Works, with no less than 100 parking spaces which shall be made available for public use during City Park Hours, as identified in the Municipal Code The City Hall Parking Lot shall also be used by City employees and City related business 46) At the time the trails are opened, the developer shall construct 42 public parking spaces along the cul-de-sac street adjacent to St. Paul's Lutheran Church. The applicant shall obtain all necessary approvals and clearances from the City's Public Work's Director prior to commencing the construction of the cul-de-sac parking lot. 47) A Parking Lot Plan for the required City Hall and cul-de-sac parking lots, as stated in conditions herein, 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 Development Code No more than 15% of the total parking spaces shall be in the form of compact spaces. 48) The applicant shall obtain approvals from the City's Public Works Department for improvements to the driveway curb along Palos Verdes Drive West for use by emergency vehicles or golf course maintenance vehicles 49) The applicant shall replace all damaged curbs, gutters, and sidewalks along the project's Palos Verdes Drive South frontage. 50) Prior to the recordation of any final map on the Resort Hotel Area, 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 51) 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. 52) Any raised and landscaped medians and textured surfaces shall be designed to standards approved by the Director of Public Works. Exhibit'A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 7 of 18 53) Handicapped access ramps shall be installed and or retrofitted in accordance with the current Americans with Disabilities Act. Access ramps shall be provided at all intersections and driveways 54) If any streets are cut they shall be overlaid with asphalt from gutter line to center line or median curb line. 55) Prior to commencing any excavation within the public rights-of-way, the applicant shall obtain all necessary permits from the Director Public Works. 56) 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 57) 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 P C Resolution No. 2041-37. 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. 58) The design of all interior streets shall be approved by the Director of Public Works. 59) 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 60) 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) Exhibit 'A' - Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 8 of 18 0 01 at 25th Street (EW): Provide east leg of 25th Street with one left turn lane, two through lanes, and one right turn lane 61) 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. 62) 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. 63) 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. 64) 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 65) 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 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 66) Where practical, landscaping shall screen all ancillary structures as seen from surrounding properties and/or public rights-of-way Exhibit'A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 9 of 18 Lighting 67) Unless otherwise specified, no lighting shall be allowed on the Upper Point Vicente Area except lighting for the use of trails through the golf course areas, safety lighting for public park areas and the tunnel areas under Palos Verdes Drive South The applicant shall prepare and submit a Lighting Plan for the golf course 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 sign lighting The Lighting Plan shall be submitted for review and approved by the Planning Commission prior to issuance of grading permits for the golf course 68) Parking and Security lighting for ancillary structures, such as the golf maintenance facility, 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 the issuance of the final grading inspection shall be institutes for assessment of the exterior lighting impacts. 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 creating adverse impacts. 69) 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 70) The maximum height of the lookout pavilions shall not exceed twelve (12) feet in height, as measured from adjacent finished grade. 71) The maximum height for the Golf Maintenance Facility shall not exceed sixteen (16) feet in height, as measured from adjacent finished grade. 72) 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 Exhibit'A'- Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 10 of 18 9 0 73) Prior to the commencement of the golf operation, 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 Utilities/Mechanical Equipment 74) 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. 75) All utilities in the public right-of-way adjacent to the Upper Point Vicente Area property frontage shall be placed underground by the applicant 76) 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. 77) 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. 78) 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 79) 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. 80) All project elements, such as the golf cart paths and the golf maintenance facility's parking area, shall be properly maintained and kept clear of trash and Exhibit'A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 11 of 18 0 0 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 a.m. to 4:00 p.m. No maintenance activities of any nature may be performed on Sundays and National holidays. 81) 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 82) 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 83) The design of the fencing required along the bluff top park, bluff top trails, the Habitat Preserve Areas and the golf course shall be included in the Public Amenities Plan, as required herein. 84) No safety netting for the golf course shall be permitted GRADING PERMIT NO. 2230 Grading 85) The following maximum quantities and depths of grading are approved for the Upper Point Vicente Area, as shown on the approved grading plans dated September 18, 2001 and prepared by Incledon Kirk Engineers: a) Maximum Total Grading (Cut and Fill) 182,498 cubic yards. b) Maximum Cut- 91,249 cubic yards c) Maximum Fill. 91,249 cubic yards d) Maximum Depth of Cut: 20 feet (located in the Hole 6 fairway area and in the area of the tee -box for Hole 2). e) Maximum Depth of Fill 21 feet (located in the areas of holes 3 and 4) 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 86) 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. Exhibit `A' — Upper Point Vicente Area Conditions of Approval P C Resolution No 2001-40 October 9, 2001 Page 12 of 18 87) 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 88) 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 89) 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 liability 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 one (1) year 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. 90) All on-site improvements (Parking lots, sidewalks, ramps, grading) shall be bonded for with the grading permit. 91) 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 92) 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 landscaping shall be allowed within these triangles in excess of three feet in height. 93) 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. Exhibit `A' - Upper Point Vicente Area Conditions of Approval P C Resolution No. 2001-40 October 9, 2001 Page 13 of 18 94) 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. 95) 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 96) 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. 97) 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 98) 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 99) The applicant's project geologist shall review and approve the final plans and specifications and shall stamp and sign such plans and specifications. 100) An as -graded sods and geologic report, complete with geologic map, shall be submitted and reviewed prior to issuance of a building permit 101) All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with the applicable provisions of the RPVMC and the recommendations of the City Engineer 102) The project stall comply with all appropriate provisions of the City's Grading Ordinance, unless otherwise approved in these conditions of approval. 103) Grading activity on site shall occur in accordance with all applicable City safety standards 104) 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 Exhibit `A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 14 of 18 0 0 105) The Developer shall grade, landscape and irrigate the area identified on the site plan, shown herein as Area "A" in Attachment I" under this resolution, for future recreational uses, with interim landscaping consisting of hydroseed mix meeting specifications as set forth by the Director of Planning, Building and Code Enforcement 106) All manufactured slopes shall be contour graded to achieve as natural an appearance as is feasible. 107) 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 108) 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. 109) The use of a rock crusher shall be prohibited. 110) 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 111) The irrigation, area drain, and any lake system proposed shall be reviewed and approved by the City's Geologist and Director of Public Works 112) 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. 113) 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 114) All on-site drainage shall be directed away from sensitive plant habitat 115) All storm drains shall be transferred to the County of Los Angeles for maintenance Accordingly, all plans shall be prepared in accordance with the Exhibit `A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 15 of 18 • 0 County of Los Angeles Standards to the satisfaction of County reviewers. The County of Los Angeles and City shall inspect the storm drain construction 116) 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. 117) 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. NPDES 118) Prior to acceptance of the storm drain system, all catch basins shall be stenciled with a water quality message in accordance with City Standards. 119) 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. 120) The applicant shall prepare a storm water pollution prevention plan 121) 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. 122) The applicant shall be responsible for obtain all required permits from the California Regional Water Quality Control Board. 123) The applicant shall prepare an erosion control plan in conformance with the City standards, and the requirements of the Regional Water Quality Control Board 124) 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 Exhibit 'A' - Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 16 of 18 9 Sewers 125) 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. 126) A sewer improvement plan shall be prepared as required by the Director of Public Works and the County of Los Angeles 127) If it is found that the requirements of the Plumbing Code cannot be met, no budding permit will be issued for construction. 128) 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. 129) 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 130) 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 131) Sewer Improvement plans shall be approved by the County of Los Angeles, the County Sanitation Districts, and the Director of Public Works 132) 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 133) Any above ground facilities shall be 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 134) 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 Exhibit `A' — Upper Point Vicente Area Conditions of Approval P.C. Resolution No. 2001-40 October 9, 2001 Page 17 of 18 135) 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 136) The applicant be 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 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 137) 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. MALONG POINT\CONDITIONS\UPVA.doc Exhibit'A' — Upper Point Vicente Area Conditions of Approval P C Resolution No 2001-40 October 9, 2001 Page 18 of 18 • • I • •\ I „ '''••••• ' •<„ / ' • Rotel' -Comm .1,1011 •.,• • • . 41#4.1, .,\ .• I• / / - .•• • • 2-E " ( 1-B Rancho R41 /wig C • , -k.:\,', 1-.'"...:s*:::•;.7--2...-,'..".. r',/ , •"/ ,•", \t t ,.:-..:-_-_-_.,.-..,;, _.,.:.„_., -.....--' - ,,.",.:....if,,,,,z.!..---',..,1).! ,••:';'-'; ..--.;:/.....-•\...',\\c--2-z.-..,-;.:-.,, ./,..,,., )'•i: \ tt, ,,, 1 : ,---- /) s\ •,,...., 1 \ , ' ... ....;:•••%;..`, (- - - .) \ \ \ r__ • / I nig'...;;',f•V/•'. ,, s . ''' ' 1 . ,..-.1-"•11•1•1/:;.'-'-'''.::- -.1-:'--1\' \I r • • •,..-- • " 7 ., ,•• -• ,e, . - ..-- /....-- .,:•;->•,;;</,•• , 2C Pi' 142S ERS DPIW LS CORRIE JIMOVIEF..:ELD cs) mRODOR OILF SCHOOL/ 119-FamgyF-effLITY 1 ; lidtantial 401- -8174 - *kJ Fami& Reek' mticd • ••, LEGEND • •;;;;.....:-*---• OCW •FiVATYON PUBLIC PARKS AND PARKING AREAS • PL BUC PLAY GOLF -COURSE I RESORT H0773/CASTAW 1 EXISTING PG_ JCFAOIUflES PEDco rsIAN MAILS 1.0 JOINT -USE TRAILS RESORT 14U4LICWAYS . I PR°OVALIPeNG EligArij imminammi GOLF CART PATHS JOIIVT-USE TANI. (PEDESTRIAN Ar3SACYCLE) MULTI -USE MIL PEDESTRAN AND EQUco nIAISO Point Vicente k Center Rs Existing Access =WC VIEWPOINT SHORE ACCESS ACCESS IVR DISABLED NOTE: This exhibit depicts a design component of the Long Point Resort. In conjunction with the submittol of construction drowings/specifications to the City of Rancho Palos Verdcc or other public agencies for building and similar permits, minor refinements rnay be mode to the design shown on this exhibit, provided they ore consistent with the intent and character of this exhibit, and ore based upon an increosed level of design/engineering information or ore in response to legal/agency requirements. LONG POINT RESORT My of Rancho Palos Ver -71 CRliforde Pant Vicente " • ••'"' • 3-B BUG -PLAY GOLF COURSE 2-A FISHING ACCESS PARKING EXPANSION N' U.S. Coast Guard Point Menlo Lighthouse Site 2--B BLUFF TOP PARK PACIFIC OCEAN 3-A PUBLIC -PLAY GOLF COURSE 2-D RESORT COASTAL ACCESS PARKING AREA Long RESORT HOTEL. AREA • rj 2001 AITACAttalaguir CONCEPTUAL .'1.1,111J illill..11.1111111111111, MN la in noc.amunum ..•• J .1.1111111111.4&. 1 11......111.1.11...1 11,0 I Ili, 01.1 EL •,t.••-• E PLAN 0•TI N /A 81 FORM\ 0 SEPTEMBER 4, 2001 /sys 1 /longpt/working/01 -09/condev-option -1 o.dwg .11 11.1111.111 1111 II 811.1.1111 .1111.11..1.1111.1.111 1111.1.1 .111.1111, J 11.11111 • 0 • - ^ • :-•-•••• ..:OnenStogy :yviIas_ • • • - . • • • • • off M frnance • • , • , ▪ • * 4. • . .•‘./‘ ••• • • •3/4••C ••••••:.:1 • . - • . . 1"," • — • • . •-• • ,, • . ••:••• - ••. . \ ' \ , • • • 1.11.1.1 • I l • 00, =CCP • . • • NOTE This exhibit depicts a design component of the Long Point Resort. In conjunction with the submittal of construction drawings/specificcrtions to the City of Rancho Polos Verdes or other public ogencies for building and similar perrnits, minor refinements may be mode to the design shown on this exhibit, provided they are consistent with the intent and character of this exhibit, and are based upon on increased level of design/engineering information or are in response to legal/agency requirements. L NG POINT t9AS City of Ittv-.1cho Palos Verd .4r% Thr. N 4t..A.Lrt. 0C ©1 ;r • 00 SEP n 6 2001 A ittr_tit,,,_ RESORT HOTEL AREA OPTION 1 aruat Commini It 110 t fr t o of )V Planning 8-28-01 Public i wring NIA r21 I SEPTEMBER 4, 2001 - • ••.- • \ • , • . s. , ; 1 t • . • • .• ; • ' I • •••• i .4.• ....... • .. igi i i j.......,,, : i.• ...-; • .1........ , ,-,z.. ; I . - .- - • , ,.. ... .:-.# ..'..'„I'‘.:.,;,*.;-".'..!-.-j...:;_;;;_:,_:,..';'-',.,--i,;'—.,;;..'• :-..--_ 4.7 -1-.,.::.,,,),,... !,..f.p.l..,,-,-:,/,.. ,;•...i -.-•, -:f - 4:.„:. :-• ,,7• .,• -..-...-..•---..•-. •:,• : t_. s.-.7-.. .......,.•_ . --.. -.-•. •-. ---., =,-,,*--,,.-7-. .. ..-:I,.: .••- -.• .1-*.-.•. ...,. - ;,: :_.. 7;:, .--.,--- ,-. "..-.:F.7•. •.- '••(— -,".. ---5-. --."•-.-- • --.,-•-•7•.: —'• • •:-.. ."......,..' ..'1,. ..-. .•. ,• .-:•'7 •'• - .: •:'1'.t 1 i ,c. :' ''. ;'/,:1 ,..,•...• - ;..i.-;..•. ' r,f f• . • } • ,,. . - •• • „.• • ,• • •• • •/;•••/,.....< • / / • ; • • • ; ‘. ''' . ..... ,. '.. „,....„-,A. '''.,..:•....,. „K.:' • . 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L : r...-1..,. • -.• ''.-kj, it ' to .-4-::;:;;-fil..--::•:'.:rt ' 14S :1 Ili; : —•-; • . 1 • ‘ ,_,., — - , . j li .,... , !...,....! ...... ..0.1;/.....,,,,„, L.,, -,_.........., ,..-,--.: .-:.. . t • ;1 f. • OS 0110510., - • • Rancho Palos Verdes City Hall ••• •-• ' • ". ' -• •- •• • • • . ••••• - • ; LEGEND • • • • • ' • PROPOSED PEDESTRIAN TRAIL JOINT -USE TRAIL (PEDESTRIAN AND CART PATH) PEDESTRIAN TRAIL GOLF CART PATH PARK/SCENIC OVERLOOK SAFETY ENVELOPE \ • ......*:•••••: -• - • • -• Pot6litt CityYard • •-• ,„ ' • • • • - Golf Alainterkince ,_••••• - • -• — — NOTE. This exhibit depicts a design component of the Long Point Resort. In conjunction with the submittal of construction drowings/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 are consistent with the intent and character of this exhibit, and are based upon on increased level of design/engineering information or are in response to legal/agency requirements. . • LONG POINT RESORT City of Rancho Palos Verdes • California ..••••-• • • . . ••• - - • . • • • I... • • •• • • . • • ••••• • ,... • . • • •• •;---;•• • ‘ r O r • OCATED CART— PATH T pcOMMODATE NEW PARK 1-1 417,...,4. .4 FA141 06 2001 N 1 , BtJLDG, ENFORCEMFNT MODIFIED UPVA OPTION A Prepared at Direction of RPV Planning Commission at 828-01 Public Hearing I I III 1 1 II "MA SEPTEMBER 4, 2001 /sysl /longpt/working/01 - 09/upva- option-a.dwg