CC RES 2007-031 RESOLUTION NO. 2007-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
APPROVING A REVISION TO CONDITIONAL USE PERMIT NO. 163 AND A VARIANCE FOR AN
18 HOLE GOLF COURSE AND DRIVING RANGE IN CONJUNCTION WITH REVISION "BB" TO
THE TRUMP NATIONAL GOLF CLUB LOCATED IN COASTAL SUBREGION 7 AND 8.
WHEREAS, an application package was filed by the Zuckerman Building Company and Palos
Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract
maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a
Residential Planned Development of 120 single family dwelling units and for development of an 18-hole
golf course, a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South
on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the
south and Los Angeles County Shoreline Park on the east; and,
WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45
days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of
the document from responsible agencies and the public; and,
WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and
preparation of written responses, the applicant revised the scope of the project and reduced the number
of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in
Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities within the
boundaries of both Vesting Tentative Tract Maps, and, due to the changes in the project, an Addendum to
the Draft Environmental Impact Report (ADEIR)was prepared; and,
WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City
determined that the information submitted in the AEIR cited potential additional significant environmental
impacts that would be caused by the revised project, and directed preparation of a Supplemental
Environmental Impact Report (SEIR). The SEIR, which incorporates information and findings set forth in
the Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from
March 19, 1992 through May 4, 1992, during which time all interested parties were notified of the
circulation period and invited to present written comments to the information contained in the SEIR, in
conformance with the requirements of the California Environmental Quality Act; and,
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 92-53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92-54,
92-55, 92-56 and 92-57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667,
Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit
No. 103 and Grading Permit No. 1541 for a Residential Planned Development consisting of a total of
eighty-three (83) single family dwelling units, an 18 hole public golf course and public open space on
261.4 acres in Coastal Subregion Nos. 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project
raised a substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed
the landowners to redesign the project to address the concerns raised by the Coastal Commission Staff
and remanded the project back to the City of Rancho Palos Verdes for reconsideration; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 92-115 approving the Addendum to Environmental Impact Report No. 36 and adopted
Resolution Nos. 92-116, 92-117, 92-118 and 92-119 approving Revisions to Vesting Tentative Tract Map
Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162
and 163, Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by
the Coastal Commission with regard to adequate provisions for public open space, public access and
habitat preservation; and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal
Development Permit No. A-5-RPV-93-5 (i.e. Coastal Permit No. 103), subject to additional conditions of
approval.
WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 93-89 approving a second Addendum to Environmental Impact Report No. 36 and
adopted Resolution Nos. 93-90, 93-91, 93-92 and 93-93 respectively re-approving Vesting Tentative
Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit
Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a Court mandate to provide
affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and,
WHEREAS, on November 5, 1993, the California Coastal Commission adopted revised and
expanded findings in conjunction with the project; and,
WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 94-71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76 and 94-77, respectively, approving Revision "A" to the
approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from
the area southwest of the School District property to an area north of Half Way Point, locating the golf
course maintenance facility and four (4) affordable housing units southeast of the corner of Palos Verdes
Drive South and Paseo Del Mar, reducing the number of single family residential lots from eighty-three
(83) to seventy-five (75) and increasing the height of the golf course clubhouse from thirty (30) feet to
forty-eight(48)feet; and,
WHEREAS, on January 12, 1995, the California Coastal Commission approved Coastal
Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its first
amendment to the permit, subject to revised conditions of approval; and,
WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal
Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its second
amendment to the permit; and,
WHEREAS, on February 1, 1996, the California Coastal Commission approved Coastal
Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its third
amendment to the permit; and,
WHEREAS, on March. 11, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96-16, and 96-17, respectively, approving Revision "B" to the approved Ocean Trails
project, including, but not limited to, modifying the approved alignment of Paseo del Mar ("A" Street/"J"
Bluff Road), revising the Conditions of Approval regarding several public trails, and relocating the golf
course clubhouse approximately 80 feet to the west of its previously approved location; and,
WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its fourth amendment to
the permit, subject to revised conditions of approval; and,
WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96-73, 96-74, 96-75, 96-76 and 96-77, respectively, approving Revision "C" to the
approved Ocean Trails project, including, but not limited to, relocation of two single family residential lots
in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C", revisions to
the boundaries of open space Lots B, C, G and H, conversion the split-level lots in Vesting Tentative
Tract Map No. 50667 to single-level lots, revisions to the golf course layout, revisions the public trail
system, combination of parallel trails easements, construction of a paved fire access road west of the
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Ocean Terraces Condominiums and amendments to several Conditions of Approval and Mitigation
Measures to modify the required timing for compliance; and,
WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos
Verdes adopted P.C. Resolution No. 97-44 approving Revision "D" to the Ocean Trails project, which
involved an amendment to Conditional Use Permit No. 162 (Residential Planned Development) to modify
the minimum rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the
proposed residences and the potential brush fires that may occur on the adjacent habitat area; and,
WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-32 approving Revision "E" to the Ocean Trails project, which involved an amendment
to Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course
improvements; and,
WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-59, approving Revision "F" to the Ocean Trails project, which involved, modifying the
configuration of Streets "C" and "D" and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667
to accommodate the final location of the Foundation Setback Line, and a revision to Conditional Use
Permit No. 162 (Residential Planned Development)to address maximum building height; and,
WHEREAS, on July 14, 1998, the Planning Commission adopted P.C. Resolution Nos. 98-26 and
98-27, thereby recommending approval of Addendum No. 6 to EIR No. 36 and Revision "G" to
Conditional Use Permit No. 163 to the City Council; and,
WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the
proposed Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the
clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance
facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the
maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the
maintenance facility parking lot; and,
WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the
proposed Revision "H" to the Ocean Trails project, which included: changing 6 of the residential lots
within VTTM 50667 from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and
lowering Street 'B' within the subdivision, and lowering the pad elevation for 6 other lots within the
subdivision. Additionally, the approval included the modification of the project's mitigation measures and
conditions of approval to allow the permitted construction hours for the entire Ocean Trails project to be
expanded to include Sundays through March 21, 1999; and,
WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the
proposed Revision "I" to the Ocean Trails project, which included a change to the design of the storm
drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on-site canyons.
Revision "I"only amended the drainage for the east side of the Ocean Trails project, involving La Rotonda
Canyon; and,
WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re-activated; and,
WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-55 approving Addendum No. 9 to Environmental Impact Report No. 36 and the
proposed Revision "J" to the Ocean Trails project, which included 1), the conditions requiring the
establishment of a maintenance district be revised by eliminating the maintenance district and having the
golf course owner be the sole responsible entity for maintenance thereby excluding the future residential
homeowners; 2) withdrawn by applicant; 3), the timing of the installation of ornamental fencing on each
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residential lot be delayed until prior to issuance of certificate of occupancy; 4), delay the construction of
two trails within VTTM 50666 from the Second Stage to the Third Stage of phasing within the Public
Amenities Plan; 5), lower the approved residential building pad elevations and create split-level pads in
VTTM No. 50666; 6), delay the payment of traffic impact fees to prior to Final Map No. 50666; 7), allow an
increase in total building area of the clubhouse by permitting a basement space; 8), withdrawn by
applicant; and 9), revise the hours permitted for golf course landscape gardening; and,
WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000-27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the
proposed Revision "K" to the Ocean Trails project, which allowed a portion of the golf course to open for
play before all of the required public amenities have been completed due to delays caused by the failure
of Landslide C on June 2, 1999; and,
WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000-38 certifying a Final Supplemental Environmental Impact Report to Environmental
Impact Report No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding
Considerations, and the proposed Revision "L"to the Ocean Trails project, for the repair of Landslide C at
Ocean Trails; and,
WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved
Revision M to the Ocean Trails Project, thereby approving an amendment to the Habitat Conservation
Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation
Easement over the lower portion of Shoreline Park; and,
WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes
approved Revision N to the Ocean Trails Project, thereby approving a Mitigated Negative Declaration and
amending the project to accommodate a change to the design of the storm drain facilities of the Ocean
Trails project from a tunneled pipe system to the existing on-site canyons. Revision "N" only amended
the drainage for the west side of the Ocean Trails project, involving Forrestal Canyon; and,
WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved
Revision P to the Ocean Trails Project, thereby approving an amendment to allow Ocean Trails an
extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the
opening of the clubhouse"to "prior to the opening of the 18-hole golf course"; and,
WHEREAS, on August 19, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "T" to the Ocean Trails Project, thereby approving an amendment to allow an expansion to the
Clubhouse Building; and,
WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse
Building; and,
WHEREAS, on April 20, 2004, the City Council of the City of Rancho Palos Verdes approved
Revision "V"to the Ocean Trails Project, thereby allowing 1) basement areas of one-story structures to be
excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement
habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space
Square Footage" requirement; 2) permitting a change in the height of Lot #2 to allow for a subterranean
garage; and 3) permitted construction of retaining walls and access to the proposed subterranean garage;
and,
WHEREAS, on June 7, 2005, the City Council of the City of Rancho Palos Verdes approved
Revision "W" to the Trump National Golf Club project thereby revising CUP No. 162, CUP No. 163,
VTTM50666, and Grading Permit No. 1541 to accommodate a new driving range in place of 16
residential lots within VTTM50666; and,
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WHEREAS, on May 2, 2006, the City Council approved Revision "Z" to the Trump National Golf
Club project to revise Conditional Use Permit No. 163 to allow a change in the golf course design to
permit an increase in height for Waterfall #1 and new back tees on Hole#2, and to revise Grading Permit
No. 1541, to allow an additional temporary 3-month opening of the golf course and driving range to the
public; and,
WHEREAS, on June 22, 2006, the owner, V.H. Property Corp., submitted an application
requesting approval of an amendment to Conditional Use Permit No. 163 and a Variance to
accommodate a new 70'flagpole located at the back tee of Hole#1; and,
WHEREAS, on July 5, 2006, said application was deemed complete for processing; and,
WHEREAS, on July 25, 2006, after notice issued pursuant to the provisions of the Development
Code, the Planning Commission held a public hearing to consider the request (Case No. ZON2006-
00328), at which time all interested parties were given an opportunity to be heard and present evidence.
At said hearing the Planning Commission adopted P.C. Resolution No. 2006-37 denying the Applicant's
request; and,
Whereas, on August 9, 2006, the Applicant filed a timely appeal of the Planning Commission's
decision; and,
WHEREAS, on September 19, 2006, the City Council conducted the appeal hearing at which
time the Council 1) decided to move forward with an alternative that would maintain the existing flag
pole; and, 2) directed staff to explore options with Trump National to retain the flag pole; and, 3)
instructed the negotiators to consider providing: a) access steps from the public parking lot to the flag
pole; and b) a dedication of land around the flag pole in fee to the City with an access easement to
Trump National; and c) construction plans and engineering specifications required to obtain an as-built
building permit for the flag pole; and d) maintenance by Trump National and its successors in perpetuity
to raise and lower the flag, maintain the flag, rigging and flag pole and tend the landscaping within the
dedication area; and e)appropriate lighting to allow the flag to be flown at night with all associated costs
to be at Trump National's or its successor's sole expense. The Council then continued the public
hearing for the appeal to a date uncertain so as to allow the Applicant to respond to the Council's action;
and,
WHEREAS, on February 6, 2007, the Council held a public hearing and considered the
Applicant's proposed 4 alternative locations for a public viewing area and then provided the following
direction for Staff and the Applicant to work out: a)Applicant shall place two benches and two tables to be
used as a public viewing area in Founders Park between an existing bicycle trail and the 18th tee; and b)
Applicant shall dedicate land around the flag pole in fee to the City with an access easement to Trump
National; and c) Applicant shall submit construction plans and engineering specifications required to
obtain an as-built building permit for the flag pole; and d) a maintenance agreement shall be agreed upon
so that Trump National and its successors in perpetuity will raise and lower the flag, maintain the flag,
rigging and flag pole and tend the landscaping within the dedication area; and e) Applicant shall install
appropriate lighting to allow the flag to be flown at night with all associated installation and maintenance
costs to be borne by Trump National or its successor's in perpetuity, with acknowledgement that only the
City has the authority to turn the lights on; and f) Applicant shall indemnify City in regards to the
construction/installation of the flag pole and use of the easement area. The Council then continued the
item to the March 20, 2007 City Council meeting so that Staff and the Applicant could have additional
time to prepare the appropriate documentation and Resolutions for approval of the CUP amendment and
Variance; and,
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WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of
Regulations,Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65952.5(e) (Hazardous Waste and Substances Statement), on March 14, 2007, copies of the
draft Addendum No. 26 to Environmental Impact Report No. 36 were distributed to the City Council and
prior to taking action on the proposed Revision "BB" to the Trump National Golf Club project, the City
Council independently reviewed and considered the information and findings contained in Addendum No.
26 to EIR No. 36; and,
WHEREAS, on March 20, 2007, the City Council held a continued public hearing to consider draft
Addendum No. 26 to Environmental Impact Report No. 36 and the Appeal of the Planning Commission's
decision to deny Revision BB for an after-the-fact 70' tall flag pole, at which time all interested parties
were given an opportunity to be heard and present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the Applicant's request for Revision BB is for approval of an amendment to CUP
No. 163 and a Variance to allow a 70' tall after-the-fact flag pole near the back tee of Golf Hole #1, which
is located in an area that has already been graded and developed as part of the golf course.
Section 2: Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of
Addendum No. 26 to the previously certified EIR, rather than the preparation of a subsequent or
supplemental EIR, is appropriate for the consideration of the proposed revisions to the Trump National
Golf Club project, based on the following findings:
a. That subsequent changes proposed to the project do not require important revisions to the
previous EIR, since there are no new significant environmental impacts that have been identified, which
were not considered in the previous EIR. This is so, since the proposed changes identified in Section 1
and attached Exhibit"A"would not result in any new or increased impacts to the environment that are not
already analyzed within EIR No. 36. Specifically, the approved request will allow a new 70' tall flag pole
that will not significantly impair a view from public or private property. There have been no substantial
changes to the Project or to the environment that would cause the Project to significantly impact the
environment, nor does the proposed amendment affect a change that would impact the environment in
any manner that was not previously considered and mitigated to the extent feasible.
b. That substantial changes to the project would not occur with respect to the circumstances under
which the project is undertaken, which would require important revisions to the previous EIR, since, as
noted in #1 above, there are no new significant environmental impacts that were not considered in the
previous EIR, Supplement and previous Addenda thereto.
c. That there is no new information of substantial importance to the project which indicates that
these approved changes will have one or more significant effects not discussed previously in the EIR; that
significant effects previously examined will not be substantially more severe than shown in the EIR; that
no mitigation measures or alternatives, previously found not to be feasible, would now in fact be feasible
and would substantially reduce one or more significant effects of the project; or that no mitigation
measures or alternatives which were not previously considered in the EIR, would now substantially lessen
one or more significant effects of the environment, because this approved project will result in a new 70'
high flag pole which will not result in a significant view impairment to public or private views.
Section 3: Pursuant to Section 17.60.050 of the Development Code, in approving the
amendment to CUP No. 163 for Revision "BB"the City Council finds as follows:
a. That the site is adequate in size and shape to accommodate the proposed use and for all of the
yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions
imposed under this section to integrate said use with those on adjacent land and within the neighborhood
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because the entire subject site is approximately 243 acres which is of sufficient size to accommodate a
70' high flag pole. Additionally, the site of the proposed flag pole is located towards the middle of the
subject property - a significant distance setback from other neighboring residential structures so as to
ensure that the proposed flag pole does not cause any significant visual impacts to such residential
properties and to any view corridors; and,
b. That the site for the proposed use relates to streets and highways sufficient to carry the type and
quantity of traffic generated by the subject use because the proposed flagpole will not cause any increase
in use of the subject golf course site and therefore will not generate any increase in the use of streets,
highways or necessitate additional parking spaces at the site; and,
c. That in approving the subject use at the specific location, there will be no significant adverse
effect on adjacent property or the permitted use thereof because considering the expansive views over
the project site the proposed flagpole does not create "significant" view impairment to neighboring
properties or view corridors. Further, the relative size of the flagpole compared to the overall size of the
subject property along with the significant setback between the flagpole and adjacent properties ensures
that there will be no significant visual impacts related to the magnitude of what a 70' tall flagpole may
cause if located closer to adjacent properties.
d. That the proposed use is not contrary to the general plan because the property, while having a
residential land use designation, includes the ancillary uses of a golf course and clubhouse, of which
these types of ancillary uses typically include amenities such as a flag pole.
e. That the proposed use is located within the "Natural", "Socio/cultural", and "Urban Appearance"
overlay control districts established by Municipal Code Chapter 17.40, and the proposed use complies
with all applicable requirements of that chapter.
f. That the following conditions of approval have been added, which the City Council finds to be
necessary to protect the health, safety and general welfare:
V. FLAGPOLE
1. The conditions found under Section V. of Conditional Use Permit No. 163 pertain to the
approval of Revision BB to the project, as approved by the City Council on March 20, 2007.
Revision BB approves the erection of a 70'tall flagpole near the back tee of Golf Hole #1 for the
purpose of flying the flag of the United States of America. No other flag, object or display shall be
flown form such flagpole without the approval of the City Council. The Applicant shall be
responsible for abiding by all laws related to the flag of the United States as found in United
States Code, Title 4, Chapter 1.
2. Prior to September 20, 2007, the Applicant shall be responsible for installing 4 benches in
Founders Park to serve as public viewing areas. The location of the benches shall be as follows:
two benches to be located at sites #1 and#2 as shown in the Applicant's depiction presented to
the Council at their March 20, 2007 meeting, one bench to be installed at the southern end of
Founder's Park at the western edge and one bench to be installed at the southern end of
Founder's Park at the eastern edge, subject to review and approval by the Director of Planning,
Building and Code Enforcement. The Applicant shall be responsible for the ongoing maintenance
of the benches.
3. Prior to May 20, 2007, the Applicant shall dedicate 25 square feet (5'x 5') of property
around the existing flag pole base to the City. Upon recordation, the City will henceforth be the
owner of said property and the amenities located thereon. The Applicant shall be responsible for
paying all necessary fees for the preparation of Grant Deed documents, including the legal
description of said property and review by the City Engineer and City Attorney.
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4. Prior to May 20, 2007 and prior to recordation of the Grant Deed that dedicates the 25
square foot property beneath the flag pole to the City, the Applicant shall obtain a building permit
and a final on said permit for the flag pole and lighting equipment that will illuminate the flag. The
Applicant shall be responsible for paying all necessary after-the-fact penalty fees for such building
permit.
5. The Applicant shall be responsible for raising and lowering the flag on a daily basis in
compliance with all laws related to the United States Flag found in the United States Code, Title
4, Chapter 1. Additionally, the Applicant shall be responsible for maintaining, including the costs
of such maintenance, the flag, rigging, flag pole, flag lighting, and any landscaping within the 25
square foot dedication area.
6. Prior to May 20, 2007, the Applicant shall enter into a Reciprocal Easement Agreement
that would allow the Trump Organization to access the flag pole site for maintenance activities
while also providing an easement over golf course property to allow the City to access the flag
pole site.
7. Prior to May 20, 2007, the Applicant shall obtain a building permit, install flag lighting and
obtain a final on the flag lighting building permit. The City shall be the only responsible entity for
determining when and for how long the lights that illuminate the flag shall be used. At no time
shall the Applicant or any other party illuminate the flag without the approval of the City. If and
when the City determines that the flag should be illuminated, the City shall notify the Applicant no
later than 24 hours in advance of such illumination.
8. Prior to May 20, 2007, the Applicant shall enter into an Indemnification Agreement that
indemnifies the City against any action associated with the Applicant's installation/construction of
the amenities located on the 25 square foot property, as well as the maintenance and all other
activities related to the flag and flag pole.
Section 4: Pursuant to Section 17.64.050 of the Development Code, in approving a Variance for
Revision "BB"the City Council finds as follows:
a. That there are exceptional or extraordinary circumstances or conditions applicable to the property
involved, or to the intended use of the property, which do not apply generally to other property in the
same zoning district. Specifically, the subject property is zoned Residential Single-Family 1 dwelling unit
per acre/Residential Planned Development (RS-1/RPD). This zoning designation permits the
development of single-family homes and golf courses with amenities typical to golf courses. The Trump
National Golf Course project was able to construct a golf course on the property given the size.and public
amenities associated with the course. This is not typical of all other properties in the RS-1 zoning district,
which given the size of the lot would permit only a single family residential home. Because of the
uniqueness of the uses (golf course and clubhouse) associated with this development, there are
exceptional or extraordinary circumstances associated with this property that do not generally apply to
other property in the same zoning district.
b. That such variance is necessary for the preservation and enjoyment of a substantial property right
of the Applicant, which right is possessed by other property owners under like conditions in the same
zoning district because as discussed in finding #1 above, the Trump National Golf Course property is
unique given its golf course/clubhouse use within the RS-1 zoning district. There are no other RS-1
district properties in the City that contain a golf course. As this property is unique in its use, so as to be
consistent with other large non-residential uses, a Variance for a flagpole higher than 16' is considered
necessary for the preservation and enjoyment of a substantial property right possessed by other property
owners of non-residentially zoned prop1erty. Furthermore, due to the large size of the subject property
and the existing Clubhouse, the additional height is justified to fly a flag that is compatible with the size
and scale of the property and the Clubhouse located on the property.
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c. That granting the variance will not be materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is located because appropriate building and
safety permits will be obtained for the flagpole and flag lighting, which ensures that the Applicant would
have to demonstrate to the City's Building Official that the existing pole is structurally sound and lighting
was installed properly.
d. That granting the variance will not be contrary to the objectives of the general plan or the policies
and requirements of the coastal specific plan because the property, while having a residential land use
designation, includes the ancillary uses of a golf course and clubhouse, of which these types of ancillary
uses typically include amenities such as a flag pole. Further, the flag pole will not be inconsistent with
Coastal Specific Plan because the proposed project will comply with the Subregion 7 policies, as the
project will 1) continue to maintain and protect natural habitat resources, 2) continue to enhance visual
resources by ensuring that the proposed flag pole does not significantly impair a view, and 3) not cause
any impacts to existing public access to the coast.
Section 5: That the proposed flag pole is consistent with the City's Development Code through
the approval of this Conditional Use Permit amendment and Variance as found in Sections 3 and 4
above, and because the ancillary use of a flag pole is permitted under the RS-1 zoning district of the
subject site.
Section 6: The time within which the judicial review of the decision reflected in this Resolution, if
available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or any
other applicable short period of limitations.
Section 7: For the forgoing reasons, and based on information and findings contained in the
public record, including staff reports, minutes, records of proceedings, and evidence presented at the
public hearings, the City Council of the City of Rancho Palos Verdes hereby approves the appeal and
thereby conditionally approves Revision "BB" to Conditional Use Permit No. 163 and a Variance, with
associated conditions of approval that are attached in Exhibit "A", which are necessary to protect the
public health, safety and general welfare. All other conditions of approval that have been imposed on this
project shall remain in effect and are incorporated herein.
PASSED, APPROVED, and ADOPTED this 20th day of 1/07,
• .
Mayor
Attest:
Ci Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution
No. 2007-31 was duly and regularly passed and adopted by the said City Council at a regular meeting
held on March 20, 2007.
Ci Clerk
Resolution No. 2007-31
Page9of9
RESOLUTION NO. 2007-31, EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 163NARIANCE -REVISION "BB"
CONDITIONS OF APPROVAL FOR A GOLF COURSE DEVELOPMENT
A. DEVELOPER AGREEMENT
1. Within thirty(30)days of approval of Revision "BB"to the Conditional Use Permit, the developers
shall submit, in writing, a statement that they have read, understand and agree to all of the
conditions of approval contained in this exhibit.
2. The developer shall fund an alternative water source study in an amount not to exceed fifty
thousand (50,000) dollars. The purpose of the study shall be to investigate the feasibility of
developing various alternative water sources for support of the golf course and related facilities
including such alternatives as desalinization, reverse osmosis and other similar technologies,
water reclamation, use of de-watering wells, etc. However, upon written request, the City Council
may waive or delay the requirement to prepare said study.
3. If there are drought conditions at the time the golf course is developed, or if for any other reason
the availability of water is scarce, the developer or its successor in interest shall contribute its
proportionate share of the cost of developing new water sources for the City, including off-site
development, identified in the study required in Condition A.2. The City or other responsible
agency shall determine the amount of the proportionate share by conducting the necessary
studies. However, upon written request, the City Council may waive or delay the payment of the
contribution, contingent on a determination by the City Council that an alternative water source
study is necessary pursuant to Condition A.2 .
4. Approval of this Conditional Use Permit is conditioned upon the applicant entering into an
agreement with the City of Rancho Palos Verdes within twenty(20)days of the date of this
approval, subject to approval by the City Attorney, to indemnify and defend the City against all
damages, claims,judgements, and litigation costs, including, without limitation, attorney's fees
awarded to a prevailing party, arising from the approval of the project and all issues related
thereto.
B. PERMIT EXPIRATION AND COMPLETION DEADLINE
1. Pursuant to Development Code Section 17.86.070 (formally 17.67.090), this permit shall expire
within twenty four(24) months from the date that the Coastal Permit associated with this
Conditional Use Permit is approved by the last responsible agency approval, unless a grading
permit for the golf course and building permits for the clubhouse structure have been applied for
and are being diligently pursued. Extensions of up to one (1)year each may be granted by the
City Council, if requested in writing prior to expiration.
2. If rough grading for the golf course and construction to the point of foundation inspection for the
clubhouse structure has not been completed within twenty four(24) months from the date of
building permit issuance, the Conditional Use Permit shall expire and be of no further effect,
unless, prior to expiration, a written request for extension is filed with the Director of Planning,
Building and Code Enforcement and is granted by the City Council. Otherwise, a new Conditional
Use Permit must be approved prior to further development.
C. GOLF COURSE CLUBHOUSE
1. The golf clubhouse shall be located west of the terminus of Street"A" (Paseo Del Mar extension),
in the area generally described as east of Forrestal Canyon, south of the single family Lot Nos. 6,
7, and 8 located on Street"B", and north of Half Way Point Park, as shown on "Site Plan for
Resolution No. 2007-31
Exhibit A
Page 1 of 16
Conditional Use Permit Amended Map No. 2,"dated June 19, 1996, prepared by ESCO
Engineering Service Corporation, and dated as received by the City on August 2, 1996. No
portion of the golf course clubhouse shall be located in areas currently zoned Open Space Hazard
(OH). A minimum factor of safety of 1.5 shall be demonstrated for the clubhouse structure. If the
developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods,
including but not limited to de-watering wells, or if the clubhouse location is modified for any other
reason, the developer shall submit an application for a revision to this Conditional Use Permit,for
review and approval by the Planning Commission and City Council prior to recordation of any
Final Map.
2. The size, height, design and placement of the clubhouse shall substantially conform to the plans
reviewed by the City Council,which are entitled "Proposed Club House Expansion and Remodel",
prepared by Envirotechno, dated June 11, 2003 and dated as received by the City on October 30,
2003. The maximum size of the Clubhouse shall be 41,281 square feet. Any increases to the size
of the structure shall require approval of an amendment to this Conditional Use Permit by the City
Council. Further, the Basement Space can only be utilized provided that the developer obtains all
necessary approvals and permits from the Building Department and Fire Department.
3. The public rest rooms on the lower level of the clubhouse shall be increased in size to include a
minimum of four(4)water closets in the women's facility and one (1)water closet and two (2)
urinals in the men's facility. The design, orientation and signage of this facility shall clearly
encourage use by the public visiting the adjacent park and access trails. The final design of the
public rest rooms shall be subject to the review and approval of the Director of Planning, Building
and Code Enforcement.
4. The height of the clubhouse shall conform to the requirements of Variance No. 380, as specified
in Resolution No. 94-77.
D. AFFORDABLE HOUSING
1. The developer shall provide a minimum of four(4)dwelling units on-site as rental housing, which
shall be affordable to very low to low income households. These units shall be provided on-site in
conjunction with development of the golf course. Each unit shall contain at least 850 square foot
of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided
for each unit. The units shall be available for rent prior to the opening of the 18-hole golf course.
A covenant which guarantees that the affordable units shall not revert to market rate for a
minimum period of thirty years shall be recorded no later than the date of recordation of the final
map.
Project management, including tenant selection and income monitoring, shall be provided in a
manner to be approved by the City. First priority for the units shall be given to very low to low
income employees of the Ocean Trails project. Second priority shall be given to persons within
very low to low income levels working within four miles of the City's coastal zone. Third priority
shall be given to persons within very low to low income levels, regardless of the location of
employment(if employed).
2. The total number of on-site market-rate dwelling units shall be limited to one dwelling unit per
buildable acre of land. However, as an incentive to the developer to provide affordable housing, the
four(4)affordable dwelling units to be provided on-site, pursuant to Condition D.1 above, shall be
allowed to exceed the one dwelling unit per buildable acre maximum. However, in no event shall
more than 63 units (both market-rate and affordable) be constructed on the total project site, which
includes Vesting Tentative Tract Map Nos. 50666 and 50667.
3. The developer shall provide a minimum of two (2)dwelling units off-site as rental housing,which shall
be affordable to very low to low income households. The off-site units shall be located in the City,
either within the City's coastal zone or within three miles thereof, and shall not already be designated
Resolution No. 2007-31
Exhibit A
Page 2 of 16
for or used by persons or families of very low to moderate income levels. The units shall contain at
least 850 square feet of habitable space and two bedrooms. The units shall be available for rent
within 30 days after the issuance of the Department of Real Estate's "White Report"for Tract No.
50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify
the City within 5 business days after the Department of Real Estate issues the"White Report". The
units shall remain affordable to very low to low income households for a period of at least thirty years
after initial occupancy at the affordable rate.
Project management, including tenant selection and income monitoring, shall be provided in a
manner to be approved by the City. First priority for the units shall be given to very low to low
income employees of the Ocean Trails project. Second priority shall be given to persons within
very low to low levels working within four miles of the City's coastal zone. Third priority shall be
given to persons within very low to low income levels, regardless of the location of employment(if
employed).
4. The on-site affordable housing units shall be located near the southeast intersection of Palos
Verdes Drive South and Paseo Del Mar, provided that mechanical methods including, but not
limited to de-watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the
affordable housing units. Additionally, no portion of the affordable housing units shall be located
in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a
minimum factor of safety of 1.5 using mechanical methods, or if the location of the affordable
housing complex is modified for any other reason, the developer shall submit an application for a
revision to this Conditional Use Permit, for review and approval by the Planning Commission and
City Council prior to recordation of any Final Map, or issuance of the grading permit, whichever
occurs first.
5. The size, height, design and placement of the affordable housing complex shall substantially
conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails
Clubhouse" (site plan, floor plans and elevations), prepared by Klages Carter Vail and Partners,
dated May 1, 1994 and dated as received by the City on August 5, 1994. However, the required
parking shall be modified to include a minimum of eight(8) enclosed garage spaces, pursuant to
Condition D.1 above. Prior to issuance of building permits for the complex, the final design of the
affordable housing complex shall be submitted for review and approval by the Director of
Planning, Building and Code Enforcement. The developer of the affordable housing complex
shall be required to participate in any Design Review Committee ("DRC")or similar body
processes in place at the City at the time development and construction plans for the affordable
housing units are submitted.
6. The unenclosed guest parking spaces associated with the affordable housing complex shall be
designed in such a manner as to blend with the single family residential appearance of the
complex. Prior to the issuance of building permits for the complex, the final design of the guest
parking spaces shall be submitted for review and approval of the Director of Planning, Building
and Code Enforcement.
E. GOLF COURSE MAINTENANCE FACILITY
1. The golf course maintenance facility shall be located near the southeast intersection of Palos
Verdes Drive South and Paseo Del Mar and the affordable housing complex, provided that
mechanical methods including, but not limited to de-watering wells, are utilized to ensure a
minimum factor of safety of 1.5 for the maintenance structure. Additionally, no portion of the golf
course maintenance structure shall be located in areas currently zoned Open Space Hazard (OH).
If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical
methods, or if the location of the golf course maintenance facility is modified for any other reason,
the developer shall submit an application for a revision to this Conditional Use Permit, for review
and approval by the Planning Commission and City Council prior to recordation of any Final Map,
or issuance of the grading permit,whichever occurs first.
Resolution No. 2007-31
Exhibit A
Page 3 of 16
2. The size, height, design and placement of the golf course maintenance facility shall substantially
conform to the plans reviewed by the Planning Commission,which are entitled "Ocean Trails at
Palos Verdes" prepared by HRMA Inc., dated as received by the City on July 13, 1998. Prior to
issuance of building permits for the facility, the final design of the maintenance facility shall be
submitted for review and approval by the Director of Planning, Building and Code Enforcement for
conformance with the plans approved by the Planning Commission on July 14, 1998. The
Maintenance Facility, including the 75-space overflow parking lot and 25-space employee parking
lot shall be completed and a final certificate of use and occupancy shall be obtained prior to the
opening of the 18-hole golf course.
3. The maximum ridge height of the maintenance facility shall not exceed a height of 24 feet over the
equipment storage area and 26 feet over the repair shops and offices. Ridge height certification
is required at building framing inspection.
4. The golf course maintenance facility shall be enclosed by a maximum six (6)foot high, decorative
block wall. The final location of the wall shall be subject to the review and approval of the Director
of Planning, Building and Code Enforcement, prior to the issuance of building permits for the
facility.
F. DESIGN OF THE GOLF COURSE AND DRIVING RANGE
1. The design and layout of the 18 hole golf course shall substantially conform to the plans reviewed
by the Planning Commission, which are entitled "Site Plan for Conditional Use Permit Amended
Map No. 2,"dated June 19, 1996, prepared by ESCO Engineering Service Corporation, and dated
as received by the City on August 2, 1996. Prior to commencement of the construction of the golf
course, the final design of the golf course shall be submitted for review by the Director of
Planning, Building and Code Enforcement and subsequently submitted for review and approval by
the City Council for compliance with the plan referenced in this condition. The final design of the
golf course shall identify the layout of the golf course holes and other improvements, including
drainage structures, utility easements, golf cart paths, public trails and beach access. Wherever
possible, the final design of the golf course shall minimize any conflict between the use of the golf
holes and the public trails.
2. Any changes in the project which results in significant changes in the development characteristics
of the approved conceptual plan per Condition F.1 above, shall require that an application for a
revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the
request for modification of any items reasonably related to the request, and shall be subject to
approval by the City Council. Before any minor changes are made to the development, the
Director of Planning, Building and Code Enforcement shall report to the City Council a
determination of significance.
3. Prior to issuance of any grading permit, the developer shall submit a final Public Amenities Plan,
including signage, specific design standards and placement for all trails, vista points and parking
facilities, and other amenities consistent with the Conceptual Trails Plan and subject to the review
of the Recreation and Parks Committee, the Director of Planning, Building and Code
Enforcement, the Director of Public Works, and the Director of Parks and Recreation, and
approval by the City Council. The Public Amenities Plan shall be in substantial conformance with
the program described in the"Ocean Trails Conceptual Public Amenities and Coastal Access
Program for Rancho Palos Verdes Subregion 7", dated July 1994 and dated as received by the
City on July 22, 1994.
4. Prior to recordation of the Final Map, any additional acreage needed to increase the size or area
for the golf course and related uses shall be obtained by reducing the acreage currently
designated for residential purposes within Tract 50666, Tract 50667, or a combination thereof,
provided a minimum of thirty(30) percent of the area within each tract remains for Common Open
Resolution No. 2007-31
Exhibit A
Page 4 of 16
Space. Any additional acreage needed to increase the area of the golf course shall not result in a
reduction in the acreage of land to be dedicated or restricted for public open space uses as
shown on the approved Ocean Trails Plan.
5. Any artificial water features (water hazards, fountains, artificial lakes, etc.)associated with the golf
course are subject to review and approval by the Director of Planning, Building and Code
Enforcement, prior to the issuance of a grading permit . Such features shall be permitted, subject
to the conditions that they be lined to prevent percolation of water into the soil and are charged
with reclaimed and appropriately treated water when available from related uses after such
features are initially established. The reclaimed water stored in any artificial water features shall
be used to supplement the irrigation systems required to maintain the golf course. The operation
of the water features and reclaimed water shall be subject to all applicable health code
requirements. If there are any violations in this condition of approval, or if such features create a
public nuisance at any time (visual appearance, odor, etc.). approval of such features may be
revoked through a public hearing before the Planning Commission, where mitigation including
draining, filling, and re-landscaping may be imposed.
6. Any accessory structures associated with the golf course, including but not limited to a snack
shop, convenience and comfort facilities, or similar structures, shall not exceed sixteen (16)feet in
height unless a minor revision to the Conditional Use Permit and a Variance are granted by the
Planning Commission.
7. The design and layout of the driving range shall substantially conform to the plans reviewed by the
City Council,which are entitled "Ocean Trails Driving Range/Lot Layout Proposed amendment
Tentative Tract No. 50666, dated February 2, 2005", prepared by ESCO Engineering Service
Corporation. Prior to commencement of the construction of the driving range, the final
design/grading permit of the golf course shall be submitted for review and approval by the Director
of Planning, Building and Code Enforcement for compliance with the plan referenced in this
condition. The final design/grading plan of the driving range shall identify the layout of the driving
range and other improvements, including drainage structures, utility easements, golf cart paths,
and public trails. Wherever possible, the final design of the driving range shall minimize any
conflict between the use of the golf holes and the public trails.
8. Any changes in the project which results in significant changes in the development characteristics
of the approved conceptual plan per Condition F.7 above, shall require that an application for a
revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the
request for modification of any items reasonably related to the request, and shall be subject to
approval by the City Council. Before any minor changes are made to the development, the
Director of Planning, Building and Code Enforcement shall report to the City Council a
determination of significance.
9. Subject to review and approval by the Department of Planning, Building and Code Enforcement,
the City Geologist and the City's Water Feature Consultant, per Revision "Z"to CUP No. 163, the
Applicant shall be permitted to raise the height of Waterfall#1 and the Back Tees of Hole#2
according to the"As-Built Topography Plans", dated September 8, 2005 and November 4, 2005,
which were prepared by ESCO Engineering Service Corporation. The shrubs planted adjacent to
and immediately north of the Back Tees of Hole#2 shall be removed. No landscaping shall be
planted in the immediate vicinity of the Back Tees of Hole#2 that exceeds the height of the tee
elevation and all landscaping in the immediate vicinity shall be maintained at a height not to
exceed the tee height.
G. OPERATION OF THE GOLF COURSE AND DRIVING RANGE
1. Approval of this Conditional Use Permit is contingent upon the concurrent and continuous
operation of the primary components of the project,which are the golf course, driving range and
clubhouse. If either use is discontinued, this Conditional Use Permit will be null and void. If the
Resolution No. 2007-31
Exhibit A
Page 5 of 16
landowner or the landowner's successor in interest seeks to change the uses which have been
designated, the landowner must file an application for a major modification of the Conditional Use
Permit with the City. At that time, the Planning Commission may impose such conditions as it
deems necessary upon the proposed use and may consider all issues relevant to the proposed
change of use, including, but not limited to, whether the entire Conditional Use Permit should be
revoked.
2. The hours of operation of the clubhouse may be limited by the City Council based on the
determination that excessive sound is audible from surrounding residential properties.
3. Deliveries utilizing vehicles over forty(40)feet in length shall be limited to the hours of 5:00 a.m.
to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 9:00 p.m. on Saturday and Sunday. Other
vehicles shall be allowed to make deliveries 24 hours a day.
4. Prior to the opening of the golf course and/or driving range, the use of gardening equipment shall
be controlled by a Golf Course Maintenance Plan which is subject to review and approval by the
Director of Planning, Building and Code Enforcement, based on an analysis of equipment noise
levels and potential impacts to neighboring residents. The Plan shall be submitted for formal
review by the Director of Planning, Building and Code Enforcement within 3 months after the first
day that the golf course and/or driving range opens for play and annually thereafter for the life of
the golf course and/or driving range. At the 3-month review and at each subsequent annual
review, the Director may determine that the Plan needs to be revised to address potential noise
impacts. The Director may also determine that additional review periods and/or other conditions
shall be applied to the Maintenance Plan.
Further, if the City receives any justified noise complaints that are caused by the maintenance of
the golf course and/or driving range, as verified by the Director of Planning, Building and Code
Enforcement, upon receipt of notice from the City, the owner(s)of the golf course shall respond to
said verified complaint by notifying the City and implementing corrective measures within 24 hours
from time of said notice.
The Director's decision on any matter concerning the golf course/driving range maintenance may
be appealed to the City Council. This condition shall apply to all golf course owners, present and
future. Any violations of this condition may result in revocation of this Conditional Use Permit and
subsequent cease of golf course/driving range play.
5. No on-site repair or delivery of equipment and/or materials shall be permitted before 7:00 a.m. or
after 4:00 p.m., except for repair of golf course equipment within enclosed structures.
6. Prior to the installation of landscaping on the golf course, the developer shall submit a green
waste management and recycling program for review and approval by the Directors of Planning,
Building and Code Enforcement and Public Works.
7. The operator of the golf facilities shall participate in the City's recycling program.
8. The City hereby reserves the right to increase the golf tax established by Ordinance No. 291 on
the golf course use to which the developer and any successors in interest to the developer and
any owner(s)and/or operator(s)of the golf course shall not object. Written notice of this condition
shall be provided to any purchaser(s) prior to the close of escrow and/or operator(s)of the golf
course prior to the execution of any lease or contract agreement to operate the golf course.
9. Any future heliport proposed with this development shall be subject to a new and separate
Conditional Use Permit. No heliport is permitted with this approval.
10. The golf course and driving range shall be used during daylight hours (dawn to dusk)only. There
shall be no lighting of the driving range or golf course.
Resolution No. 2007-31
Exhibit A
Page 6 of 16
11. If it is determined by the Director of Planning, Building and Code Enforcement, that use of the
driving range_is causing significant hazardous impacts to public safety resulting from stray golf
balls causing injury to persons or property, upon notice by the Director, the owner shall change the
type of golf ball being utilized for the driving range from a"regulation"golf ball to a"low-impact"
golf ball. If the use of"low-impact"golf balls does not prove successful in resolving the hazardous
impacts, according to the Director of Planning, Building and Code Enforcement, then the Applicant
shall meet the requirements of Mitigation Measure H-4.
12. Through a public hearing, the City Council shall conduct a review of the driving range and its
operations in one year after a Certificate of Use and Occupancy has been issued for the driving
range.
13. The driving range and all practice putting greens shall be available for use by the general public at
all times that the golf course is open to the general public, provided that users of the driving range
and practice putting greens are dressed in the same attire that is required to play a round of golf
on the golf course. Such attire shall be as follows:
Men must have collard shirt(Turtle Neck and Mock Turtle Neck acceptable), shorts
permissible but need to be Bermuda length; shorts and or trousers may not be of denim
materials (No Levis). Golf shoes recommended but tennis shoes or any other type of
sneaker may be worn - no soccer cleats, baseball cleats or track cleats/shoes permitted.
Trump National Golf Club is a soft spike facility-hard spiked golf shoes are prohibited.
Women's shirts and blouses must conform to the following; sleeveless tops must have a
collar, sleeved tops need not have a collar. Shorts, Skirts and Skorts are permitted but
need to be Bermuda length; Shorts, Skirts, Skorts and or Pants may not be of denim
materials (No Levis). Golf shoes recommended but tennis shoes or any other type of
sneaker may be worn - no soccer cleats, baseball cleats or track cleats/shoes permitted.
Trump National Golf Club is a soft spike facility- hard spiked golf shoes are prohibited.
Further, the Applicant shall be permitted to manage the use of the driving range and putting
greens so that those users who have paid greens fees to play on the golf course will have priority
over those who have not paid greens fees. If space is available, those that have not paid greens
fees shall be limited to a maximum of two hours of practice on the putting green per day.
H. MISCELLANEOUS DESIGN STANDARDS
1. Prior to the issuance of grading permits, all golf course signage, including trail signage, shall be
subject to a sign permit and subsequent review and approval by the Director of Planning, Building
and Code Enforcement, as part of the landscape plan required in Condition K.1..
2. All trash enclosure walls shall be a maximum of 6 feet in height and designed to accommodate
recycling bins and shall have solid, self closing gates and be integrated into the building design.
3. All utilities exclusively serving the site shall be provided underground, including cable television,
telephone, electrical, gas, and water. All appropriate permits shall be obtained for their
installation. Cable television, if utilized, shall be connected to the nearest trunk line at the
developer's expense.
4. No roof mounted mechanical equipment, vents, or ducts, shall be permitted. All other mechanical
equipment shall be screened and/or covered as necessary to reduce their visibility from public
rights-of-way or adjacent properties. Any necessary screening and covering shall be
architecturally harmonious with the materials and colors of the buildings. Use of satellite dish
antennae shall be subject to the conditions and requirements of Sections 17.41.140 through
17.41.210 of the Rancho Palos Verdes Development Code.
Resolution No. 2007-31
Exhibit A
Page 7 of 16
5. Mechanical equipment shall be housed in enclosures designed to attenuate noise to a level of 45
dBA at the property lines. Mechanical equipment for food service shall incorporate filtration
systems to eliminate exhaust odors.
6. No gates or other devices shall be permitted which limit direct access to the site. No freestanding
fences, walls, or hedges shall be allowed, unless part of the fencing plan reviewed and approved
by the Director of Planning, Building and Code Enforcement as required by Condition No. L.1.
7. All retaining walls are subject to review and approval by the Director of Planning, Building and
Code Enforcement, prior to the issuance of grading permits. Unless otherwise provided, retaining
walls shall conform to the criteria established in Section 17.50 of the Rancho Palos Verdes
Development Code.
I. PARKING
1. Prior to the issuance of any grading permit for the golf course or driving range, the developer shall
submit a final parking plan reflecting the parking design for the approved project, including
calculations for the number of parking spaces required for the golf course, driving range,
clubhouse and ancillary uses, and any on-site dining facilities. The parking plan shall be subject
to review and approval by the Director of Planning, Building and Code Enforcement. Requests for
extensions may be granted by the Director of Planning, Building and Code Enforcement for up to
one hundred eighty(180)days.
2. As part of the final parking plan required in Condition 1.1., a minimum of one hundred fifty(150)
parking spaces and fourteen (14)valet parking spaces shall be constructed in a lot on the west
side of the clubhouse, as designated in the parking plan, for golf course, driving range, clubhouse
and public use. A minimum of forty five (45) parking spaces shall be constructed in a lot on the
east side of the clubhouse, as designated in the parking plan, for public use only during daylight
hours and clubhouse use after dusk. A minimum of one-hundred eighteen (118)overflow parking
spaces, seventeen (17)valet overflow parking spaces, and a minimum of twenty five (25)
employee parking spaces shall be constructed in a lot adjacent to the golf course maintenance
facility, as designated in the parking plan, for golf course, driving range, clubhouse and public use.
3. All parking areas shall be designed to mitigate or eliminate non-aesthetic noise and views which
may impact surrounding single family and multi-family residences, subject to the review and
approval of the Director of Planning, Building and Code Enforcement, prior to the issuance of the
grading permit.
J. LIGHTING
1. Exterior lighting for the clubhouse, maintenance facility and affordable housing complex shall be
limited to the Standards of Section 17.56 (formally 17.54.030) of the Development Code.
2. Prior to issuance of building permits for any of the structures referenced in Condition No. J.1, a
lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for
review and approval and there shall be no direct off-site illumination from any light source.
3. Parking and security lighting shall be kept to minimum safety standards and shall conform to all
applicable City requirements. Fixtures shall be shielded to prevent lighting from illuminating on or
towards other properties; there shall be no spill-over onto residential properties. A trial period of
six(6) months from issuance of certificate of occupancy for assessment of exterior lighting
impacts shall be instituted. At the end of the 6 month period, the City may require additional
screening or reduction in intensity of any light which has been determined to be excessively bright.
4. No golf course or driving range lighting shall be allowed.
Resolution No. 2007-31
Exhibit A
Page 8 of 16
K. LANDSCAPING
1. Prior to issuance of grading permits, the developer shall submit a preliminary landscape plan to
the Director of Planning, Building and Code Enforcement for review and approval of the
clubhouse, golf course and appurtenant structures, driving range,_parking lots, and all open space
areas within the boundaries of the parcel maps and/or tract maps, roadway medians and public
trails which shall include the following:
a. A minimum of eighty percent(80%)drought tolerant plant materials for all landscaped
areas.
b. Landscaping within the project area shall be planted in such a manner so that views from
adjacent properties and any public right-of-way are not affected.
c. All trees selected shall be of a species which reasonably could be maintained at 16 feet.
Said trees shall be maintained not to exceed 16 feet in height.
d. The re-seeding and re-establishment of natural plant species for all of the disturbed open
space areas. Said plan shall include site specific and non-invasive species, and shall be
reviewed and commented on by the project biologist and interested parties, and shall be
subject to the approval of the Director of Planning, Building and Code Enforcement.
e. Landscaping and irrigation plans for all rough graded surfaces which have been scarified
through grading operations.
f. The landscaped entries and buffer zones shall meet the standards for Intersection
Visibility(Section 17.48.070 (formally 17.42.060)), as identified in the Development Code.
2. Prior to installation of the permanent landscaping for the golf course and associated structures,
including the driving range, the developer shall submit a final landscape and irrigation plan to the
Director of Planning, Building and Code Enforcement for review and approval of the clubhouse,
golf course and appurtenant structures, driving range,_parking lots, and all open space areas
within the boundaries of the parcel maps and/or tract maps, roadway medians and public trails.
The final landscape and irrigation plans shall conform to California State Model Water Efficient
Landscape Ordinance (per State Assembly Bill 325)and shall include the following:
a. A minimum of eighty percent(80%)drought tolerant plant materials for all landscaped
areas.
b. Landscaping within the project area shall be planted in such a manner so that views from
adjacent properties and any public right-of-way are not affected.
c. All trees selected shall be of a species which reasonably could be maintained at 16 feet.
Said trees shall be maintained not to exceed 16 feet in height.
d. The landscaped entries and buffer zones shall meet the standards for Intersection
Visibility(Section 17.48.070 (formally 17.42.060)), as identified in the Development Code.
e. Irrigation systems shall utilize drip and bubbler systems wherever possible. Controlled
spray systems may be used where drip or bubbler systems are not appropriate. All
sprinkler heads shall be adjusted to avoid over-spray.
f. All high water use areas shall be irrigated separately from drought tolerant areas.
g. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water
needs.
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Exhibit A
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h. Where practical, transitional landscaping on graded slopes shall screen the project's night
lighting as seen from surrounding areas.
3. Within 30 days after Final Map approval, or prior to issuance of building permits,whichever occurs
first, the developer shall submit to the City a Covenant to Maintain Property to protect views for
each golf course lot and driving range lot. All fees associated with recording said covenant shall
be paid by the developer.
4. With the exception of irrigation lines that have been reviewed and approved by the City Geologist
for installation and operation, prior to installation of any additional irrigation lines on any portion of
the Ocean Trails property, the City Council shall have approved the Ocean Trails Water Control
Plan to ensure that the installation and operation of said irrigation lines will not contribute water to
any known landslide area, cause any significant erosion or other potentially hazardous conditions.
5. All proposed irrigation within the Ocean Trails project,which includes, but is not limited to, all
irrigation for the golf course, driving range,_parks, open space lots and private residential lots,
shall be subject to the standards of the Ocean Trails Water Control Plan as reviewed and
approved by the City Council, and other than the golf course and driving range, shall be consistent
with City of Rancho Palos Verdes Municipal Code Section No. 15.34, "Water Conservation in
Landscaping". With the exception of private residential lots which have been sold to an individual
purchaser, the developer or any subsequent owner of the golf course parcels (hereinafter
"developer")shall be responsible for submitting an audit report every 60 days for review and
approval by the Director of Planning, Building and Code Enforcement,which details the project's
compliance with the Ocean Trails Water Control Plan and consistency, where applicable,with
Municipal Code Section No. 15.34. If it is determined by the Director of Planning, Building and
Code Enforcement, that any irrigation is not in compliance with either the Ocean Trails Water
Control Plan or Municipal Code Section 15.34, or is causing any impacts to the project site, the
developer shall be required to halt all irrigation in the subject area until any such problem has
been remedied to the satisfaction of the Director of Planning, Building and Code Enforcement.
L. FENCING PLANS
1. A complete project fencing plan (including public trails, habitat areas, warning signage, and
proposed fence and wall details) shall be approved by the Director of Planning, Building and Code
Enforcement and/or the Design Review Committee ("DRC") or similar body if established, prior to
issuance of grading permits or recordation of the Final Map, whichever occurs first. It shall be the
responsibility of the developer to install this fencing prior to sale of any lot within each workable
phase. Said fencing plans shall incorporate the following:
a. A 42 inch high pipe rail fence or similar fencing of suitable design shall be placed along
the length of the bluff top on the seaward side of the bluff top pedestrian trail, subject to
the review and approval of the Director of Planning, Building and Code Enforcement. It
shall be the responsibility of the developer to install this fencing and warning signage to
coincide with the construction of the bluff top pedestrian and bicycle trail.
b. A protective fence around the California gnatcatcher habitat areas and around all wildlife
corridors adjacent to residential development, or as otherwise required by the Director of
Planning, Building and Code Enforcement shall be installed. Fencing of all enhancement
areas shall also be required, subject to the review and approval of the Director of
Planning, Building and Code Enforcement. Said fencing shall satisfy all requirements of
the project biologist, incorporate a method to prevent domesticated animals from entering
the habitat areas, include appropriate warning signage, and shall be black or dark green
in color. Temporary fencing shall be installed around the existing wildlife corridors and
habitat areas prior to the issuance of grading permits and the permanent fencing shall be
installed prior to the sale of any lot within adjacent workable phases.
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Exhibit A
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c. Protective fencing along all trails and open space areas where there is a potential conflict
between golf course uses and public access uses. In no case shall permanent netting
and netting support poles be installed for the driving range. However, temporary netting
and support poles may be allowed for temporary professional tournaments provided a
Special Use Permit is obtained as required through Mitigation Measure No. H-3 of
Resolution No. 2005-62 for the Driving Range (Revision "W") Mitigated Negative
Declaration. In association with such temporary poles and netting, permanent below
grade support pole sleeves that would accommodate temporary netting support poles are
allowed to be installed as part of the driving range construction. Such below grade
sleeves shall be safely covered when not in use as determined by the Director of
Planning, Building and Code Enforcement.
M. ARCHAEOLOGY AND PALEONTOLOGY
1. Prior to issuance of grading permits, the project archaeologist shall submit a protocol to the City
for monitoring and for the discovery of archaeological resources. A qualified archaeologist shall
make frequent inspections during the rough grading operation to further evaluate cultural
resources on the site. If archaeological resources are found, all work in the affected area shall be
stopped and the resources shall be removed or preserved. All "finds"shall be reported to the
Director of Planning, Building and Code Enforcement immediately. All archaeological finds shall
be first offered to the City for preservation. At the completion of grading, the project archaeologist
shall submit a report detailing finds, if any.
2. Prior to issuance of grading permits, the project paleontologist shall submit a protocol to the City
for monitoring and for the discovery of paleontological resources. A qualified paleontologist shall
be present during all rough grading operations. If paleontological resources are found, all work in
the affected area shall be stopped and the resources shall be removed or preserved. All "finds"
shall be reported to the Director of Planning, Building and Code Enforcement immediately. All
paleontological finds shall be first offered to the City for preservation. At the completion of
grading, the project paleontologist shall submit a report detailing finds, if any.
N. BIOLOGY
1. Prior to issuance of grading permits, or prior final of any map,whichever occurs first, the
developer shall submit a Habitat Conservation Plan (HCP)for review and comment by local
wildlife and habitat preservation groups, and subject to approval by the Planning Commission.
2. Prior to issuance of grading permits, the project biological monitor shall submit protocol to the City
for the monitoring of biological resources in conformance with the Habitat Conservation Plan and
Environmental Impact Report No. 36. A qualified biologist shall be present during all rough
grading operations to verify and ensure compliance with mitigation measures contained in
Environmental Impact Report No. 36, Supplements thereto, and project certified Mitigated
Negative Declarations, for preservation of biological resources, and conformance with the
conditions and requirements of the Habitat Conservation Plan (HCP)as described in Condition
N.1 above.
O. WATER
1. Prior to issuance of grading permits, the developer must submit a labor and materials bond in
addition to either:
a. An agreement and faithful performance bond in the amount estimated by the Director of
Public Works and guaranteeing the installation of the water system; or
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Exhibit A
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b. An agreement and other evidence satisfactory to the Director of Public Works indicating
that the developer has entered into a contract with the servicing water utility to construct
the water system, as required, and has deposited with such water utility a security
guaranteeing payment for the installation of the water system.
2. There shall be filed with the Director of Public Works a statement from the purveyor indicating that
the proposed water mains and any other required facilities will be operated by the purveyor, and
that, under normal operating conditions, the system will meet the needs of the development.
3. There shall be filed with the Director of Public Works an unqualified "will serve"statement from
the purveyor indicating that water service can be provided to meet the demands of the proposed
development. Said statement shall be dated no more than six months prior to issuance of
building permits for the clubhouse. Should the developer receive a qualified "will serve" statement
from the purveyor, the City shall retain the right to require the developer to use an alternative
water source, subject to the review and approval of the City, or the City shall determine that the
conditions of the project approval have not been satisfied.
4. The golf course and related facilities shall be served by adequately sized water system facilities
which shall include fire hydrants of the size, type, and location as determined by the Los Angeles
County Fire Department. The water mains shall be of sufficient size to accommodate the total
domestic and fire flows required for the development. Domestic flow requirements shall be
determined by the Director of Public Works. Fire flow requirements shall be determined by the
Los Angeles County Fire Department, and evidence of approval by the Los Angeles County Fire
Department is required prior to issuance of building permits for the clubhouse, maintenance
facility or affordable housing complex, whichever occurs first.
5. Framing of structures shall not begin until after the Los Angeles County Fire Department has
determined that there is adequate fire fighting water and access available to the said structures
pursuant to Condition No. 0.4.
P. DRAINAGE
1. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted
to cover the costs of construction of drainage improvements in an amount to be determined by the
Director of Public Works.
2. Prior to issuance of grading permits, the developer shall submit a hydrology study to the Director
of Public Works to determine any adverse impacts to on-site and/or off-site existing flood control
facilities generated by this project. Should the Director of Public Works determine that adverse
impacts will result, the developer will be required to post a bond, cash deposit, or combination
thereof in an amount to be determined by the Director of Public Works,which will cover the cost of
all on-site improvements and the project's fair share of the necessary off-site improvements.
3. Drainage plans and necessary support documents to comply with the following requirements must
be submitted for approval by the Director of Public Works prior to the issuance of grading permits:
a. Provide drainage facilities to remove any flood hazard to the satisfaction of the Director of
Public Works and dedicate and show easements on the Final Map.
b. Eliminate sheet overflow and ponding or elevate the floors of any structures with no
openings in the foundation walls to at least twelve inches above the finished pad grade.
c. Provide drainage facilities to protect the property from high velocity scouring action.
d. Provide for contributory drainage from adjoining properties.
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Exhibit A
Page 12 of 16
e. All on-site surface drainage shall be directed away from the bluff top to minimize erosion
and to protect sensitive plant habitat on the bluff face.
4. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an
earth tone color, as approved by the Director of Planning, Building and Code Enforcement prior to
the issuance of grading permit.
5. Subject to review and approval of a permit by the Director of Public Works and Director of Planning,
Building and Code Enforcement, the Developer shall be permitted to change the drainage system
within the eastern portion of the Ocean Trails project site,which includes portions of the Golf Course
and Vesting Tentative Tract Map No.50667,from a tunneled storm drain system to drain instead into
La Rotonda canyon.
Within 60 days of this approval,the developer shall revise the"Operations and Maintenance Manual
for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf Course" to
include methods whereby the canyons on site shall be periodically monitored for erosion and slope
failure. The document shall include methods for immediately repairing failed slope areas to prevent
enlargement of failed areas. The revised Manual shall be submitted for review and approval by the
Director of Public Works and Director of Planning, Building and Code Enforcement within the 60 day
period.
The golf course operator shall have the canyons inspected annually during and immediately following
the rainy season, in accordance with the standards and schedule which have been established by the
Director of Public Works, and at any other time deemed necessary by the Director of Public Works.
The golf course operator shall provide the results of the inspections to the Director of Public Works
within ten (10)working days following each inspection. The golf course operator shall have any failed
or eroded portions of the canyons immediately repaired to the satisfaction of the Director of Public
Works.
Prior to issuance of permits to construct such drainage system, the developer shall submit proof to
the Director of Planning, Building and Code Enforcement, that the developer has obtained the
necessary permits and/or approvals from the following resource agencies: U.S. Army Corps of
Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California
Regional Water Quality Control Board. The developer shall be responsible for implementing any
conditions associated with the resource agencies permits and/or approvals of this specific drainage
request.
6. Subject to review and approval of a permit by the Director of Public Works and Director of
Planning, Building and Code Enforcement, the Developer shall be permitted to change the
drainage system within the western portion of the Ocean Trails project site, which includes
portions of the Golf Course and Vesting Tentative Tract Map No. 50666, from a tunneled storm
drain system to drain instead into Forrestal Canyon.
Within 60 days of this approval, the developer shall revise the"Operations and Maintenance
Manual for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf
Course"to include methods whereby the canyons on site shall be periodically monitored for
erosion and slope failure. The document shall include methods for immediately repairing failed
slope areas to prevent enlargement of failed areas. The revised Manual shall be submitted for
review and approval by the Director of Public Works and Director of Planning, Building and Code
Enforcement within the 60 day period.
The golf course operator shall have the canyons inspected annually during and immediately
following the rainy season, in accordance with the standards and schedule which have been
established by the Director of Public Works, and at any other time deemed necessary by the
Director of Public Works. The golf course operator shall provide the results of the inspections to
the Director of Public Works within ten (10)working days following each inspection. The golf
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Exhibit A
Page 13 of 16
course operator shall have any failed or eroded portions of the canyons immediately repaired to
the satisfaction of the Director of Public Works.
Prior to issuance of permits to construct such drainage system, the developer shall submit proof
to the Director of Planning, Building and Code Enforcement, that the developer has obtained the
necessary permits and/or approvals from the following resource agencies: U.S. Army Corps of
Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California
Regional Water Quality Control Board. The developer shall be responsible for implementing any
conditions associated with the resource agencies permits and/or approvals of this specific
drainage request.
Q. PROJECT COMPLETION BONDS
1. Prior to recordation of any Final Map and/or issuance of grading permit,whichever occurs first, the
developer shall post a bond, cash deposit, or other City-approved security to ensure the
completion of all golf course, clubhouse and related improvements, including: rough grading,
landscaping, irrigation, public trails, habitat restoration, drainage facilities, and other site features
as per approved plans.
R. PUBLIC OPEN SPACE DEED RESTRICTION
1. Prior to issuance of grading permits or recordation of any Final Map,whichever occurs first, the
landowner shall record a restrictive covenant in favor of the City in a form and on terms
acceptable to the City, requiring all land within the golf course and driving range,_including any
permanent structures,for golf course, driving range and related recreational uses to be open to
the public. Furthermore, the deed restriction shall specify that conversion of any portion of the
approved facilities to a private or member-only use or the implementation of any program to allow
extended or exclusive use or occupancy of the facilities by an individual or limited group or
segment of the public is specifically precluded by this permit and would require an amendment to
this permit or a new permit in order to be effective.
S. COMPLETION PER APPROVED PLANS
1. The developer shall designate appropriate workable phases (portions of the development to
include adjoining areas of grading, construction of the clubhouse and associated improvements,
streets of access, finish grading phases, supporting off-site improvements and on-site drainage
and utility improvements)that shall be subject to approval by the Director of Planning, Building
and Code Enforcement and the Director of Public Works, prior to the issuance of grading permit.
2. Any workable phase not under construction which has been scarified through grading operations
shall be irrigated and landscaped within ninety(90)days of grading. Temporary irrigation lines
may be approved by the Director of Planning, Building and Code Enforcement.
3. Prior to the issuance of grading permits, the developer shall post a bond, cash deposit, or other
City-approved security to guarantee substantial vegetative cover and maintenance of all finish
graded lots which have not been sold for development.
4. No building permits shall be issued prior to finish grading within the approved workable phase of
the site in which each lot is located and until the Director of Planning, Building and Code
Enforcement has determined that all drainage facilities and common area and off-site
improvements in the workable phase of the site and necessary for development of the phase in
the approved construction plan in which the lots or structures are located are completed, to the
extent that the lots or structures are accessible and able to support development.
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Exhibit A
Page 14 of 16
5. The developer shall participate in any Design Review Committee ("DRC") or similar body
processes in place at the City at the time development and construction plans for the clubhouse,
golf course, and related facilities are submitted to the City.
T. TRAILS PLAN AND PUBLIC AMENITIES IMPLEMENTATION
1. The developer shall be responsible for implementation and construction of all amenities detailed
in the Public Amenities Plan as required per Condition F.3 above, and Condition G.1 of Resolution
No. 96-75. Construction of the public amenities shall coincide with the project grading activity and
shall be completed upon certification of rough grading.
2. The existing remnant from the World War II facility located at the Halfway Point Park shall be
preserved as a part of the Public Amenities Plan. A plaque commemorating the facility and
describing its uses shall be placed at the location.
3. Dedication of the public trail and open space lots shall occur at the time the Final Map is recorded.
4. Construction of the public trails and improvements required in the Public Amenities Plan shall be
the obligation of the developer. Construction shall coincide with the project grading activity and
shall be completed upon certification of rough grading. Dedication of the public trails shall occur
at the time any Final Map is recorded.
U. MITIGATION MEASURES
1. The development shall comply with all mitigation measures of Environmental Impact Report No.
36, Supplements thereto, and project certified Mitigated Negative Declarations. Where more
restrictive language appears in these conditions of approval, the more restrictive language shall
control.
2. All costs associated with implementation of the Mitigation Monitoring Program shall be the
responsibility of the Developer, and/or any successors in interest.
V. FLAG POLE
1. The conditions found under Section V. of Conditional Use Permit No. 163 pertain to the approval of
Revision BB to the project, as approved by the City Council on March 20, 2007. Revision BB
approves the erection of a 70'tall flagpole near the back tee of Golf Hole#1 for the purpose of flying
the flag of the United States of America. No other flag, object or display shall be flown form such
flagpole without the approval of the City Council. The Applicant shall be responsible for abiding by all
laws related to the flag of the United States as found in United States Code, Title 4, Chapter 1.
2. Prior to September 20,2007,the Applicant shall be responsible for installing 4 benches in Founders
Park to serve as public viewing areas. The location of the benches shall be as follows:two benches
to be located at sites#1 and#2 as shown in the Applicant's depiction presented to the Council at their
March 20, 2007 meeting, one bench to be installed at the southern end of Founder's Park at the
western edge and one bench to be installed at the southern end of Founder's Park at the eastern
edge, subject to review and approval by the Director of Planning, Building and Code Enforcement.
The Applicant shall be responsible for the ongoing maintenance of the benches.
3. Prior to May 20, 2007, the Applicant shall dedicate 25 square feet (5' x 5') of property around the
existing flag pole base to the City. Upon recordation, the City will henceforth be the owner of said
property and the amenities located thereon. The Applicant shall be responsible for paying all
necessary fees for the preparation of Grant Deed documents, including the legal description of said
property and review by the City Engineer and City Attorney.
4. Prior to May 20, 2007 and prior to recordation of the Grant Deed that dedicates the 25 square foot
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Exhibit A
Page 15 of 16
property beneath the flag pole to the City, the Applicant shall obtain a building permit and a final on
said permit for the flag pole and lighting equipment that will illuminate the flag. The Applicant shall be
responsible for paying all necessary after-the-fact penalty fees for such building permit.
5. The Applicant shall be responsible for raising and lowering the flag on a daily basis in compliance with
all laws related to the United States Flag found in the United States Code, Title 4, Chapter 1.
Additionally, the Applicant shall be responsible for maintaining, including the costs of such
maintenance,the flag, rigging,flag pole,flag lighting,and any landscaping within the 25 square foot
dedication area.
6. Prior to May 20, 2007, the Applicant shall enter into a Reciprocal Easement Agreement that would
allow the Trump Organization to access the flag pole site for maintenance activities while also
providing an easement over golf course property to allow the City to access the flag pole site.
7. Prior to May 20,2007,the Applicant shall obtain a building permit,install flag lighting and obtain a final
on the flag lighting building permit. The City shall be the only responsible entity for determining when
and for how long the lights that illuminate the flag shall be used. At no time shall the Applicant or any
other party illuminate the flag without the approval of the City. If and when the City determines that
the flag should be illuminated,the City shall notify the Applicant no later than 24 hours in advance of
such illumination.
8. Prior to May 20, 2007, the Applicant shall enter into an Indemnification Agreement that indemnifies
the City against any action associated with the Applicant's installation/construction of the amenities
located on the 25 square foot property, as well as the maintenance and all other activities related to
the flag and flag pole.
Resolution No. 2007-31
Exhibit A
Page 16 of 16