CC RES 2005-039 RESOLUTION NO. 2005-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING REVISION `B' TO CONDITIONAL USE
PERMIT NO. 215, GRADING PERMIT NO. 2229, COASTAL DEVELOPMENT
PERMIT NO. 166, VARIANCE NO. 489, AND TENTATIVE PARCEL MAP NO.
26073 TO CLARIFY CONDITION NO. 40a IN ACCORDANCE TO THE
REQUIREMENTS OF THE SUBDIVISION MAP ACT FOR THE DIVISION OF
THE VILLA UNITS, CASITA UNITS, BUNGALOW UNITS, AND HOTEL
SUITES THAT ARE TO BE SOLD TO PRIVATE INDIVIDUALS AND
ENTITIES.
WHEREAS, on August 28, 2002, the City Council conditionally approved
Conditional Use Permit No. 215, Grading Permit No. 2229, Coastal Development Permit
No. 166, Variance No. 489, And Tentative Parcel Map No. 26073 to allow the
construction of a 400-room resort hotel and bungalows with banquet and retail facilities,
50 casitas (3-keys for 150 total units), 32 villas, and a driving range with a 3-hole golf
practice facility on property located at 6610 Palos Verdes Drive South; and
WHEREAS, the City Council's decision was subsequently appealed to the
Coastal Commission, who after conducting several public hearing, on August 7, 2003
approved the hotel project with minor modifications to the City Council approved
conditions; and
WHEREAS, on October 7, 2003, the City Council accepted the modified
conditions of approval as the final approval and directed the applicant (Destination
Development) to provide the Council with future updates on the status of the project;
and
WHEREAS, on April 5, 2005, the project applicant presented the Council
with a project update, reporting that the project conditions need to be amended to clarify
the requirements stated in the Subdivision Map Act for the division and eventual sale of
the villas, casitas, bungalows, and hotel suites to private individuals and entities; and
WHEREAS, soon after the April 5, 2005 Council meeting, the applicant
formally filed a revision request to the project approved conditional use permit, grading
permit, coastal development permit, and tentative parcel map to clarify the condition
language as it pertains to the subdivision component of the project; and
WHEREAS, the City Council reviewed and analyzed the applicant's
request in accordance with the California Environmental Quality Act ("CEQA") and
determined that the proposed revision to one of the project conditions of approval
(Condition No. 40a) will require an Addendum to the Final Environmental Impact Report
("FEIR"), which was certified by the City Council on May 7, 2002 under Resolution No.
2002-38, determining that the project's cumulative impacts, with the exception of the
impacts related to Noise and Air Quality, are not significant or that the potential impacts
could be mitigated to a less than significant impact. The proposed revision involves a
modification to one of the project conditions by adding the words "parcel map" to further
clarify the requirements of the State Subdivision Map Act for creating individual units
that can be sold to individual parties or private entities. The City Council finds that the
change to the conditions to further clarify the State Subdivision Map Act requirements
will not alter nor diminish the spirit and intent of the original conditions approved by the
City Council in 2002. Furthermore, the proposed revision will not result in a deviation to
the findings made by the Council when the project was approved, and does not modify
the scope of the project nor the related uses and amenities, including the number of
units to be sold to individual parties or private entities. As such, the City Council finds
that the revised project condition will not introduce new significant environmental effects
or substantially increase the severity of the environmental impacts that previously were
identified and analyzed in the FEIR; furthermore, the City Council also finds that there
are no changed circumstances or new information, which were not known at the time
the FEIR was certified, that would require the preparation of a subsequent EIR or major
revisions to the FEIR pursuant to CEQA Guidelines Section 15162, and, in accordance
with Section 15164 of the State CEQA Guidelines, the City has prepared Addendum
No. 3 to the FEIR (the "Addendum") attached herein as Exhibit A; and
WHEREAS, on April 2, 2005, pursuant to the City's Municipal Code, a
public notice was published in the Peninsula News and mailed to property owners within
a 500-foot radius of the project site and to interested parties, inviting public comments
on the proposed project revision; and
WHEREAS, on April 19, 2005, the City Council held a duly noticed public
hearing to consider the revised project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1. The application for the revised project is to amend one of the
project conditions of approval, specifically Condition No. 40a, in accordance to the
requirements stated in the State Subdivision Map Act by adding the words "parcel map"
for the subdivision process involved in the sale of the villa, casitas, bungalows, and
hotel suites to private individuals and entities. The proposed condition revision will not
increase the number of units to be sold. Furthermore, the condition revision will not
amend the approved project that allows the construction of a resort hotel with 400
rooms within the main hotel structure and freestanding bungalows and 50 privately-
owned, multiple-keyed casita units for a maximum aggregate of 150 additional
accommodations, 32 privately-owned resort villas, a 68,000 square.-foot
conference/banquet facility, a 25,000 square foot spa and fitness center, 3 to 4
restaurants with an aggregate total of 22,500 square feet, a golf academy and driving
range with three (3) practice holes (the "driving range and practice facility"), an 8,000
square-foot golf clubhouse, tennis facilities for hotel guests, and various public
Resolution No. 2005-39
Page 2 of 4
amenities, including public trails, a public park, 825 parking spaces for the Revised
Project, and 100 additional parking spaces for the general public.
Section 2. Pursuant to Section 17.60.050 of the Rancho Palos Verdes
Municipal Code/ (the "Municipal Code"), and based upon the evidence presented in the
record, including staff reports, oral and written testimony, the FEIR and the Addendum,
the City Council hereby finds that the proposed project revision will not change the
findings made for the approved project, adopted under Resolution No. 2002-71, with
respect to CUP No. 215, which are incorporated herein by this reference.
Section 3. Pursuant to Section 17.76.040, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, and the
FEIR, the City Council hereby finds that the proposed project revision will not change or
alter the findings made for the approved project, adopted under Resolution No. 2002-
71, with respect to GRP No. 2229, which are incorporated herein by this reference.
Section 4. Pursuant to Section 17.72.090, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, the FEIR and
the Addendum, the City Council hereby finds that the proposed project revision will not
change or alter the findings made for the approved project, adopted under Resolution
No. 2002-71, with respect to CDP No. 166, which are incorporated herein by this
reference:
Section 5. Pursuant to the requirements of the Subdivision Map .Act
(commencing with Section 66410 of the California Government Code), and based upon
the evidence presented in the record, including staff reports, oral and written testimony,
the FEIR and the Addendum, the City Council hereby finds that the proposed project
revision will not change or alter the findings made for the approved project, adopted
under Resolution No. 2002-71, with respect to TPM No. 26073, which are incorporated
herein by this reference:
Section 6. Pursuant to Section 17.64.050, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, the FEIR and
the Addendum, the City Council hereby finds that the proposed project revision will not
change or alter the findings made for the approved project, adopted under Resolution
No. 2002-71', with respect to Variance No. 489, which are incorporated herein by this
reference.
Section 7. Based upon the evidence presented in the record, the findings
adopted under Resolution No. 2002-71, as described in Sections 2 through 6, inclusive,
of this Resolution, the FEIR and the Addendum, the City Council hereby approves
Revision `B' to Conditional Use Permit No. 215, Grading Permit No. 2229, Coastal
Development Permit No. 166, Variance No. 489, and Tentative Parcel Map No. 26073
subject to the conditions set forth in Exhibit B, attached hereto and incorporated herein
by this reference.
Resolution No. 2005-39
Page 3 of 4
Section 8: Based upon the evidence presented in the record, the City
Council finds that the proposed revision will not "lessen or avoid,the intended effect" of
the approved project with respect to providing coastal access and visitor serving use,
because all of the units that will be privately owned still will be available to the general
public to use as part of the hotel operation. The City Council further finds that this
revision to the project will not have the potential for adverse impacts to coastal
resources or public access.
Section 9. 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 and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 19th day of April 2005.
ayor
Attest:
Cit Jerk
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, do
hereby certify that the above Resolution No. 2005-39 was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on April 19,
2005.
Ci Clerk
Resolution No. 2005-39
Page 4of4
RESOLUTION NO. 2005-39 — EXHIBIT "A"
ADDENDUM NO. 3 TO FINAL ENVIRONMENT IMPACT REPORT/
ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 725
April 19, 2005
On May 7, 2002, the City Council adopted Resolution No. 2002-34, thereby
adopting the Final Environment Impact Report for Environmental Assessment
No. 725 to allow the construction of 400-room resort hotel and bungalows with
banquet and retail facilities, 5-casitas (3-keys for 150 total units), 32 villas, and a
driving range with a 3-hole golf practice facility. On August 28, 2002, the City
Council adopted Resolution No. 2002-70, adopting Addendum No. 1, and on
September 7, 2004, the City Council adopted Resolution No. 2004-78, adopting
Addendum No. 2, to the Final Environment Impact Report. In adopting the Final
Environmental Impact Report and Statement of Overriding Considerations, the
City Council found that the Project's cumulative impacts, with the exception of the
impacts related to Noise and Air Quality, are not significant or that potential
impacts could be mitigated to a less than significant level.
The City Council has reviewed and analyzed the applicant's request to amend
one of the project conditions, specifically Condition No. 40a, to clarify the
requirements of the Subdivision Map Act for creating individual units that can be
sold to individual parties or private entities. The revision entails adding the words
"parcel map" to clarify the condition language to reflect the options permitted
under the State Subdivision Map Act. Having reviewed the proposed revision,
the City Council is of the opinion that the change to the conditions to further
clarify the Subdivision Map Act requirements will not alter nor diminish the spirit
and intent of the original conditions approved by the City Council in 2002.
Furthermore, the proposed revision will not result in a deviation to the findings
made by the Council when the project was approved, and does not modify the
scope of the project nor the related uses and amenities, including the number of
units to be sold to individual parties or private entities. Furthermore, the
proposed condition revision specifically relates to the subdivision component of
the project and will not introduce new significant environmental effects or
substantially increase the severity of the environmental impacts that previously
were identified and analyzed in the FEIR. Furthermore, the City Council also
finds that there are no changed circumstances or new information, which were
not known at the time the FEIR was certified, that would require the preparation
of a subsequent EIR or major revisions to the FEIR pursuant to CEQA Guidelines
Section 15162. In accordance with Section 15164 of the State CEQA
Guidelines, the City Council has independently reviewed and considered and
hereby adopts this Addendum No. 3 to the FEIR.
Resolution No. 2005-39
Exhibit A
RESOLUTION NO. 2005-39 — EXHIBIT "B"
LONG POINT RESORT HOTEL
CONDITIONS OF APPROVAL
(REVISION 'B' - COUNCIL APPROVED APRIL 19, 2005)
(Coastal Permit No. 166, Conditional Use Permit No. 215,
Grading Permit No. 2229, Variance No. 489, and Tentative Parcel Map No. 26073)
GENERAL CONDITIONS
1) The approvals granted by this resolution shall not become effective until the
applicant and property owners submit a written affidavit that each has read,
understands and accepts all conditions of approval contained herein. Said
affidavits shall be submitted to the City no later than ninety (90) days from the
date of approval of the project by the City Council. If the applicant and/or the
property owner fail to submit the written affidavit required by this condition within
the required 90 days, this resolution approving Coastal Development Permit No.
166, Conditional Use Permit No. 215, Grading Permit No. 2229, Variance No.
489 and Tentative Parcel Map No. 26073 shall be null and void and of no further
effect.
2) In accordance with the provisions of Fish and Game Code §711.4 and Title 14,
California Code of Regulations, §753.5, the applicant shall submit a check
payable to the County of Los Angeles in the amount of $875.00 for the Fish and
Game Environmental Filing Fee. This check shall be submitted to the City within
five (5) business days of City Council approval of this project. If required, the
applicant shall also pay any fine imposed by the Department of Fish and Game.
3) Each and every mitigation measure contained in the Mitigation Monitoring program
attached as Exhibit "C" of Resolution No. 2002-34 is hereby incorporated by
reference into the Conditions of Approval for Coastal Development Permit No.
166, Conditional Use Permit No. 215, Grading Permit No. 2229, Variance No.
489 and Tentative Parcel Map No. 26073.
4) The applicant shall fully implement and continue for as long as the hotel is operated
the Mitigation Monitoring Program attached as Exhibit "C" to Resolution No.
2002-34 and execute all mitigation measures as identified and set forth in the
Final Environmental Impact Report for the project as certified in said Resolution
No. 2002-34.
5) The owner of the resort hotel and the property upon which the hotel is located shall
be responsible for implementing and ensuring compliance with all of the
conditions of approval stated herein. Accordingly, as used herein, the term
Resolution No. 2005-39
Exhibit B
Page 1 of 40
"applicant" shall include the owner of the resort hotel and the property upon
which the hotel is located.
6) The conditions set forth in this Resolution are organized by application type for ease
of reference. Regardless of such organization, each condition is universally
applicable to the entire project site, unless a condition clearly indicates otherwise.
Said conditions shall be applicable as long as a hotel is operated on the property,
unless otherwise stated herein.
7) In the event that a condition of approval is in conflict or is inconsistent with any
mitigation measure for this project, the more restrictive shall govern.
8) The applicant shall pay the Environmental Excise Tax in accordance with the
Rancho Palos Verdes Municipal Code (RPVMC).
9) The Resort developer shall be responsible for constructing the public amenities
required by these conditions of approval. A bond, letter of credit or other security
acceptable to the Director of Public Works and the City Attorney shall be
provided to secure completion of such Public Amenities.
10)Prior to issuance of any grading or building permits, the applicant shall enter into an
agreement that requires the owner of the property to have the hotel operator
maintain to the City's satisfaction the public amenities, including, but not limited
to the bluff-top park, park benches and tables, public trails (pedestrian and
bicycle), bicycle racks, public restrooms, landscaping, habitat protection, general
public parking lot near the resort hotel building, fences, irrigation, and signs to
name a few, as long as a hotel is operated on the property. Furthermore, the
applicant shall specify in the agreement how funding will be provided to maintain
the public improvements constructed as part of the project which are not
maintained by the City, County or other governmental agency.
11)The Resort owner shall maintain all on-site drainage facilities not accepted by Los
Angeles County, including but not limited to structures, pipelines, open channels,
retention and desilting basins, mechanical and natural filtering systems, and
monitoring systems, so long as the property is operated as a resort hotel. A
bond, letter of credit or other security acceptable to the City shall be provided to
secure completion of such drainage facilities. A bond to cover the cost of their
maintenance for a period of 2 years after completion shall also be provided to the
City.
12)Subject to the agreement of Los Angeles County, the applicant shall turn over all
eligible drainage facilities to the Los Angeles County Public Works Department
upon completion and acceptance of the facilities by the County of Los Angeles.
Resolution No. 2005-39
Exhibit B
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13)The applicant shall be required to pay 110% of the estimated amount of the cost of
services to be provided on behalf of the City by outside consultants that have
been retained by the City to render services specifically in connection with this
project, in the form of a trust deposit account, prior to commencement of such
services (e.g. golf safety consultant, geotechnical consultants, biologist, and
landscape architect to name a few.). Services provided by the City Attorney and
other consultants that routinely provide services to the City shall be exempt from
this condition. However, in such cases, the applicant shall adequately fund said
trust deposit accounts prior to the commencement of services, in amounts
reasonably requested by the City, based upon an estimate of the cost of services
for the period of at least 90 days to which services are rendered. In addition, the
trust deposits shall be replenished within thirty days of receipt of notice from the
City that additional funds are needed.
14)AII costs associated with plan check reviews and site inspections for the Department
of Public Works shall be incurred by the applicant through the establishment of a
trust deposit with the Director of Public Works at the time of plan check submittal
or site inspection request.
15)AII City Attorney costs associated with the review and approval of the conditions
stated herein shall be incurred by the applicant in the form of a trust deposit
established with the City.
16)Six (6) months after the issuance of the Certificate of Occupancy for the main resort
hotel building, the City Council shall review the Conditions of Approval contained
herein at a duly noticed public hearing. As part of said review, the City Council
shall assess the applicant's compliance with the conditions of approval and the
adequacy of the conditions imposed. At that time, the City Council may add,
delete or modify any conditions of approval as evidence presented at the hearing
demonstrates are necessary and appropriate to address impacts resulting from
operation of the project. Said modifications shall not result in substantial
changes to the design of the hotel structures, to the ancillary structures, or the
golf practice facility. Notice of said review hearing shall be published and
provided to owners of property within a 500' radius of the site, to persons
requesting notice, to all affected homeowners associations, and to the property
owner in accordance the RPVMC. As part of the six-month review, the City
Council shall consider the parking conditions, circulation patterns (pedestrian,
bicycle, and vehicular), lighting, landscaping, and noise. The Council may also
consider other concerns raised by the Council, Planning Commission, Finance
Advisory Commission, Traffic Committee and/or interested parties. The City
Council may require such subsequent additional reviews, as the City Council
Resolution No. 2005-39
Exhibit B
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deems appropriate. This provision shall not be construed as a limitation on the
City's ability to enforce any provision of the RPVMC regarding this project.
17)These approvals authorize the construction and operation of a resort hotel, a golf
practice facility and other related amenities. Any significant changes to the
operational characteristics of the development, including, but not limited to,
significant changes to the site configuration or golf practice facility; number of
guest rooms (increases or decreases); size or operation of the conference
center, banquet facilities, spa, restaurants, or other ancillary uses or significant
alterations shall require an application for revision to this Conditional Use Permit
pursuant to the provisions stated in the RPVMC. At that time, the City Council
may impose such conditions, as it deems necessary upon the proposed use
resulting from operations of the project. Further, the Council may consider all
issues relevant to the proposed change of use.
18)These approvals shall expire twenty-four (24) months from the date of the City
Council approval unless building permits for the main hotel structure have been
applied for and are being diligently pursued. Extensions of up to one (1) year
may be granted by the City Council, if requested prior to expiration. Such a time
extension request shall be considered by the City Council at a duly noticed public
hearing, pursuant to the provisions stated in the RPVMC.
19)The hotel spa facility, and all the amenities therein, including the pool, shall be made
available to the general public for a reasonable fee for use basis. Appropriate
promotions shall be offered to encourage use of the spa facility by non-hotel
guests, including area residents.
20)AII on-site golf facilities shall be made available to the general public for a
reasonable fee for use basis. Appropriate promotions shall be offered to
encourage use of the on-site golf facility by non-hotel guests, including area
residents
21)Prior to issuance of any Certificate of Occupancy, all golf facilities, public trails,
public parks and public areas shall be designed to protect golfers and the general
public in accordance with common safety standards and practices in the industry,
subject to review and approval by the City's duly assigned Golf Safety
Consultant. The applicant shall establish a trust deposit account with the City to
cover all costs associated with the Golf Safety Consultant's review, as required in
Condition No. 13.
22)Temporary construction fencing and temporary public trail fencing shall be installed
in accordance with RPVMC.
Resolution No. 2005-39
Exhibit B
Page 4 of 40
23)AII on-site construction and grading activities shall be limited to the hours between
seven a.m. and seven p.m. Monday through Saturday. No construction shall
occur on Sundays or legal holidays as set forth in RPVMC unless a special
construction permit is first obtained from the Director of Planning, Building and
Code Enforcement.
24)Construction and grading activities within the public right-of-way shall be limited to
the days and hours approved by the Director of Public Works at the time of
permit issuance.
25)No on-site repair, maintenance or delivery of equipment and/or materials shall be
performed before seven a.m. or after seven p.m. Monday through Saturday, nor
on any Sunday or legal holiday, unless otherwise specified in the conditions
stated herein or a Special Construction Permit is obtained from the City.
Emergency repairs are exempt from this condition.
26)AII construction activity shall generally adhere to the phasing scheme identified in
the Addendum to the Certified Environmental Impact Report shown in Resolution
No. 2002-70 Any sign ificant_changes to the construction activity schedule shall
be reviewed and approved by the Director of Planning, Building and Code
Enforcement.
27)A Certificate of Occupancy shall not be issued for the Villas or Casitas, unless a
Certificate of Occupancy has been first issued for the main resort hotel building.
Indemnification/Insurance
28)The owner of the property upon which the project is located shall hold harmless and
indemnify City, members of its City Council, boards, committees, commissions,
officers, employees, servants, attorneys, volunteers, and agents serving as
independent contractors in the role of city or agency officials, (collectively,
"Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense,
including but not limited to death or injury to any person and injury to any
property, resulting from willful misconduct, negligent acts, errors or omissions of
the owner, the applicant, the project operator, or any of their respective officers,
employees, or agents, arising or claimed to arise, directly or indirectly, in whole
or in part, out of, in connection with, resulting from, or related to the construction
or the operation of the project approved by this resolution.
29)The applicant shall defend, with counsel satisfactory to the City, indemnify and hold
harmless the City and its agents, officers, commissions, boards, committees and
employees from any claim, action or proceeding against the City or its agents,
officers, commissions, boards, committee or employees, to attack, set aside, void
Resolution No. 2005-39
Exhibit B
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or annul this resolution or one or more of the approvals set forth in this resolution
and PC Resolutions 2001-37, 2001-39, and 2001-40. Alternatively, at the City's
election, the City may choose to defend itself from any claim, action or
proceeding to attack, set aside, void or annul this resolution or one or more of the
approvals set forth in this resolution. In that case, the applicant shall reimburse
the City for all of its costs, including attorney fees, arising from such claim, action
or proceeding. The obligations set forth in this condition include the obligation to
indemnify or reimburse the City for any attorney fees that the City becomes
obligated to pay as a result of any claim, action or proceeding within the scope of
this condition.
The City shall promptly notify the applicant of any claim, action or proceeding
within the scope of this condition and the City shall cooperate fully in the defense
of any such claim or action.
30)The applicant shall submit to the City Attorney for review and approval an agreement
whereby the applicant shall indemnify, defend and hold the City and members of
its City Council, boards, committees, commissions, officers, employees,
servants, attorneys, volunteers, and agents serving as independent contractors
in the role of city or agency officials, (collectively, "Indemnitees"), harmless from
any claim, demand, damage, liability, loss, cost or expense, including, but not
limited to, death or injury to any person and injury to any property, caused by golf
balls or any other golf—related equipment.
31)The applicant shall procure and maintain in full force and effect during the operation
of the hotel and/or golf practice facility primary general liability insurance in the
amount of $ 2 million dollars, which amount shall be increased on each fifth
anniversary to reflect increases in the consumer price index for the Los Angeles
County area. Such insurance shall insure against claims for injuries to persons or
damages to property that may arise from or in connection with the long-term
operation of the resort hotel and golf practice facility authorized by this resolution.
Such insurance shall name the City and the members of its City Council, boards,
committees, commissions, officers, employees, servants, attorneys, volunteers
and agents serving as its independent contractors in the role of City officials, as
additional insureds. Said insurance, shall be issued by an insurer that is
admitted to do business in the State of California with a Best's rating of at least
A-VII or a rating of at least A by Standard & Poor's, and shall comply with all of
the following requirements:
(a) The coverage shall contain no limitations on the scope of protection
afforded to City, its officers, officials, employees, volunteers or agents
serving as independent contractors in the role of city or agency officials
which are not also limitations applicable to the named insured.
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Exhibit B
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(b) For any claims related to the project, applicant's insurance coverage
shall be primary insurance as respects City, members of its City
Council, boards, committees, commissions, officers, employees,
attorneys, volunteers and agents serving as independent contractors in
the role of city or agency officials.
(c) Applicant's $2 million primary insurance shall apply separately to each
insured against whom claim is made or suit is brought. Additionally,
the limits of applicant's $ 2 million primary insurance shall apply
separately to the project site.
(d) Each insurance policy required by this condition shall be endorsed to
state that coverage shall not be canceled except after 30 days prior
written notice by first class mail has been given to City.
(e) Each insurance policy required by this condition shall be endorsed to
state that coverage shall not be materially modified except after 5
business days prior written notice by first class mail has been given to
City.
(f) Each insurance policy required by this condition shall expressly waive
the insurer's right of subrogation against City and members of its City
Council, boards and commissions, officers, employees, servants,
attorneys, volunteers, and agents serving as independent contractors
in the role of city or agency officials.
(g) Copies of the endorsements and certificates required by this condition
shall be provided to the City when the insurance is first obtained and
with each renewal of the policy.
(h) No golf facilities may be operated unless such general liability
insurance policy is in effect.
The applicant also shall procure and maintain in full force and effect during the
operation of the hotel and/or golf practice facility additional general liability insurance in
the amount of $ 3 million dollars to insure against claims for injuries to persons or
damages to property which may arise from or in connection with the long-term operation
of the resort hotel and golf practice facility authorized by this resolution. Such insurance
shall likewise name the City and the members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers and agents serving
as its independent contractors in the role of City officials, as additional insureds. Said
insurance, may at applicant's option, be in the form of a separate excess insurance
Resolution No. 2005-39
Exhibit B
Page 7 of 40
policy and may be issued by a non-admitted carrier so long as the insurer is authorized
to do business in the State of California with a Best's rating of at least A-VII or a rating
of at least A by Standard & Poor's and shall comply with all of the requirements of
paragraphs a, b, d,e, f and g of this Condition 33.
COASTAL PERMIT NO. 166
32)AII plans submitted to Building and Safety for plan check review shall identify the
location of the Coastal Setback Line and the Coastal Structure Setback Line in
reference to the proposed structure.
33)Except as provided herein as part of the Conditional Use Permit and Variance
(allowing the construction of the Lower Pool Facility within the Coastal Setback
Zone), pursuant to the RPVMC, no new uses or structural improvements shall be
allowed in the area seaward of the Coastal Setback Line including, but not limited
to, slabs, walkways, decks 6" or more in height, walls or structures over 42" in
height, fountains, irrigation systems, pools, spa, architectural features, such as
cornices, eaves, belt courses, vertical supports or members, chimneys, and
grading involving more than 20 cubic yards of earth movement, or more than
three feet of cut or fill.
34)AII proposed structures within the Point Fermin Vista Corridor and Catalina View
Corridor shall be constructed in accordance with the height limitations as
identified in the City's Coastal Specific Plan and the project's certified EIR.
CONDITIONAL USE PERMIT NO. 215
Hotel Operations
35)A. The main hotel building and the freestanding bungalow units shall consist of
no more than an aggregate total of 400 rooms (360 hotel rooms and 20
bungalow units, two keys per bungalow) and shall not be designed for
multiple keys for a configuration exceeding 400 rooms. A main hotel room,
for purposes herein, shall consist of any of the following: a typical guest room,
a two-bay suite, one or more multiple-bay rooms with a single key, or a
hospitality suite, as shown in Exhibit 7.14 of the Long Point Resort Permit
Documentation dated June 23, 2000. Furthermore, the bungalow units shall
consist of two-keyed accommodations with one or more bedroom areas which
may contain a living room area as shown in Exhibit 7.15 of the Long Point
Resort Permit Documentation dated June 23, 2000.
B. A maximum total of 50 hotel suites and guestrooms may be sold to individual
persons or private entities, subject to the following restrictions: An owner of a
unit may utilize that unit for no more than sixty (60) days per calendar year,
Resolution No. 2005-39
Exhibit B
Page 8 of 40
and no more than twenty-nine (29) consecutive days at any one time. A
minimum seven (7) day period shall intervene between each twenty-nine (29)
consecutive day period of occupancy by the owner. When not being used by
the owner, the hotel suite or guestroom shall be available as a hotel
accommodation, which shall be fully managed by the resort hotel operator.
Deed restrictions to this effect, which are satisfactory to the City Attorney,
shall be recorded prior to any sale of any unit. The 50 hotel suites and
guestrooms that may be sold to individual persons or private entities will
consist of a mix of single-key suites, suites with two-keys, and single-key
guestrooms. The precise location and mix of these units shall be described in
detail at the time the tract map is processed by the City, but in no event shall
the number of keys exceed 66 keys.
C. The bungalow units shall consist of no more than 20 bungalow units, with a
maximum keying configuration of two (2) keys per bungalow unit resulting in a
maximum possible 40 accommodations. The bungalow units may be sold to
individual persons or private entities, subject to the following restrictions: An
owner of a unit may utilize that unit for no more than sixty (60) days per
calendar year, and no more than twenty-nine (29) consecutive days at any
one time. A minimum seven (7) day period shall intervene between each
twenty-nine (29) consecutive day period of occupancy by the owner. When
not being used by the owner, the bungalow unit shall be available as a hotel
accommodation, which shall be fully managed by the resort hotel operator.
Deed restrictions to this effect, which are satisfactory to the City Attorney,
shall be recorded prior to any sale of any unit.
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
36)The casita units shall consist of no more than 50 casita units, with a maximum
keying configuration of three (3) keys per casita unit resulting in a maximum
possible 150 accommodations. The casita units may be sold to individual
persons or private entities, subject to the following restriction: An owner of a unit
may utilize that unit for no more than sixty (60) days per calendar year, and no
more than twenty-nine (29) consecutive days at any one time. A minimum seven
(7) day period shall intervene between each twenty-nine (29) consecutive day
period of occupancy by the owner. When not being used by the owner, the
casitas unit shall be available as a hotel accommodation, which shall be fully
managed by the resort hotel operator. Deed restrictions to this effect, which are
satisfactory to the City Attorney, shall be recorded prior to any sale of any unit.
37)The resort villa units shall consist of no more than 32 single keyed units. The resort
villa units may be sold to individual persons or private entities, subject to the
following restriction: An owner of a unit may utilize that unit for no more than
Resolution No. 2005-39
Exhibit B
Page 9 of 40
ninety (90) days per calendar year, and no more than twenty-nine (29)
consecutive days at any one time. A minimum seven (7) day period shall
intervene between each twenty-nine (29) consecutive day period of occupancy
by the owner. The Villas shall be fully managed by the resort hotel operator
when not used by the owners, and made available for rental by the general
public. When not being used by the owner, the villa shall be available as a hotel
accommodation, which shall be fully managed by the resort hotel operator. Deed
restrictions to this effect, which are satisfactory to the City Attorney, shall be
recorded prior to any sale of any unit.
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
38)lf any villa unit, casita unit, bungalow unit, hotel suite or guestroom is not sold or
made available for sale, the unit shall be available as a hotel accommodation
which shall be fully managed by the resort hotel operator.
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
39)Any person or entity ("hotel guest") who pays the hotel operator for the privilege of
occupying one or more rooms, bungalows, villas or casitas ("unit") shall not
occupy or have the right to occupy any unit for more than twenty-nine (29)
consecutive days. On or before the twenty-ninth day, the hotel guest shall be
required to check out of the unit(s).
40)Prior to issuance of building permits for the resort villa units, casita units, bungalow
units, and hotel suite or guestrooms that may be sold to individual persons or
private entities, the following shall be completed:
a) The applicant shall process a parcel map or tract map in accordance with
the Subdivision Map Act.
(REVISED PER RESOLUTION NO. 2005-39 ON APRIL 19, 2005)
b) Deed Restrictions, which restrict the use and operation of all of the
privately owned units and are in a form that is acceptable to the City
Attorney, shall be recorded against all of those units, including, without
limitation, the bungalow units, resort villas, casitas and the fifty hotel guest
suites or guest rooms.
c) The City (or, at the City's election, the applicant) shall create a new non-
profit corporation or shall expand the powers of an existing non-profit
corporation to undertake the duties specified in this condition. The non-
profit corporation will be charged with spending its resources (net of its
Resolution No. 2005-39
Exhibit B
Page 10 of 40
operating expenses) for only the following purposes: the maintenance,
repair, replacement and enhancement of trails, parks, open space areas
and streets within the City of Rancho Palos Verdes, which are owned in
fee or by easement or by license by the City.
d) The applicant shall record against all of the condominium owned units,
including, without limitation, the bungalow units, resort villas, casitas and
fifty hotel guest suites or guestrooms a Declaration of Covenants,
Conditions and Restrictions and Notice of Transfer Fee. Such
document(s) shall set forth the obligation to pay a 1% transfer fee upon
each transfer of ownership of a unit, which 1% shall be assessed against
the sale price for the unit. The transfer fee is not applicable on the initial
sale from the master developer to the first owner. The fee shall be
required to be paid through the escrow for the sale or, if no escrow is
used, at the time of recordation of the deed transferring title. The fee will
be paid to the non-profit corporation. The recorded documents shall
provide a lien right in favor of the nonprofit corporation to secure the
payment obligations and any costs of collection, including, without
limitation, attorney's fees and court costs
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
41)The Resort Hotel building, ancillary structures, including but not limited to the Lower
Pool Facility, and all accessory buildings associated with the golf practice facility
shall substantially conform to the plans approved by the City Council and
stamped by the Planning Department with the effective date of this approval.
42)The public section of the Lower Pool Facility, which consists of public restroom
facilities and a viewing deck area, as shown on the plans approved by the City
Council on the effective date of the adoption of these conditions, shall be open
and made available to the general public during City park hours, as specified in
the RPVMC.
43)Approval of this conditional use permit is contingent upon the concurrent and
continuous operation of the primary components of the project, which are the
hotel, villas, casitas, banquet facilities, spa facilities, retail facilities, and the golf
practice facility.
44)Prior to issuance of any Certificate of Occupancy, the use of gardening equipment
for the golf practice facility and landscape areas shall be controlled by a Golf and
Hotel Landscape 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
implementation of the Plan shall be formally reviewed by the Director of Planning,
Resolution No. 2005-39
Exhibit B
Page 11 of 40
Building and Code Enforcement three (3) months after the first day of operation
of the golf practice facility, and shall be subsequently reviewed on an annual
basis thereafter. At the three (3) month 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.
Furthermore, if the City receives any justified noise complaints that are caused
by the maintenance of the golf or hotel landscaped and lawn areas, as verified by
the Director of Planning, Building and Code Enforcement, upon receipt of notice
from the City, the operators of the hotel and golf practice facility shall respond to
said verified complaint by notifying the City and implementing corrective
measures within 24 hours from the time of said notice.
The Director's decision on any matter concerning the Landscape Maintenance
Plan may be appealed to the City Council. Any violation of this condition may
result in the revocation of the Conditional Use Permit.
45)AII 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.
46)No heliport operations are approved or permitted for the Resort Hotel Area. If in the
future such operations are desired, a revision to this Conditional Use Permit shall
be required. Any such revision shall be reviewed by the City Council subject to
the provisions stated in the RPVMC.
47)The applicant shall provide twenty-four (24) hour monitoring by appropriately trained
hotel personnel of the project site throughout the calendar year. The monitoring
shall include observation of all parks, trails and habitat areas. Additionally, the
resort hotel shall provide regular monitoring of the area surrounding the lower
pool facility and the nearby shore, during City park hours, as specified in the
RPVMC.
48)The Maintenance Building and associated maintenance repairs shall be conducted
in an area that is visually screened with landscaping from public view.
Building Design Standards
49)The resort hotel shall contain the following principal visitor-serving structures and
uses, and shall substantially comply with, and not to exceed, the following square
footage numbers:
Resolution No. 2005-39
Exhibit B
Page 12 of 40
a) Conference Center/ Banquet Facilities — 60,000 square feet
b) Restaurant, bar and lounge - approximately 22,500 square feet
c) Resort related retail, visitor services and guest amenities — approximately
20,000 square feet.
d) Spa Facilities — 25,000 square feet
e) Swimming pools - Three for the resort hotel (including the lower pool
facility), one for the West Casitas, one for the Resort Villas, and one within
the spa facility
f) Pool Cabanas: - commensurate with size of adjacent pool
g) Lower Pool Facility — 1,400 square feet (hotel guest area: 680 square feet
of restroom facilities, 350 square feet of pool kitchen area, 6,400 square
feet of deck area including the 2,400 square foot pool / public area: to be
no less than 2,900 square feet of deck area and 370 square feet of
restroom room facilities)
h) Tennis Courts —two tennis Courts
i) Golf School / Club house — 8,000 square feet.
j) Golf Cart and Maintenance Facility (adjacent to tennis courts) — 4,000
square feet.
k) Parking Structure — 180,000 square feet (459 parking spaces; 239 spaces
on the lower level and 197 on the upper level).
1) Lookout Bar— 3,500 square feet
m) Resort Hotel Entry Trellis — 250 square feet of roof area
50)A Square Footage Certification prepared by a registered surveyor shall be submitted
to the Director of Planning, Building and Code Enforcement, prior to a framing
inspection, indicating that the buildings, as identified in the previous condition, do
not exceed the permitted square footages.
51)The maximum heights of the buildings approved for the project site shall not exceed
the following criteria:
Hotel Building
a. Maximum roof ridgeline 153 feet above sea level — plus
fireplace chimney to the minimum height acceptable by the Uniform
Building Code.
b. Maximum height of 86 feet at eastern elevation, as
measured from adjacent finished grade located in the middle of the
elevation, 53 feet at the inland most end of the elevation, and 50 feet from
the seaward most end of the elevation.
C. Maximum height of 50 feet at northern elevation, as
measured from adjacent finished grade, 30 foot maximum at western most
Resolution No. 2005-39
Exhibit B
Page 13 of 40
end of the elevation, and 40 foot maximum at the eastern most end of the
elevation.
d. Maximum height of 85 feet, as measured from lowest
finished grade at the highest point along the southern elevation, 40 feet at
the eastern most end of the elevation, and 50 feet at the western most end
of the elevation.
e. Maximum height of 90 feet, as measured from lowest
finished grade elevation along the western elevation, 60 feet at the
seaward most end of the elevation, and 50 feet at the inland most end of
the elevation.
Resort Villas — Maximum height shall not exceed 26 feet, as measured from the
lowest adjacent finished grade to the top of the highest roof ridgeline for those
villa structures located outside of the visual corridor of Vertical Zone 1. If any
Villa structure is located within the visual corridor of Vertical Zone 1, as identified
on the site plan, it shall not exceed a maximum height of 16 feet, as measured
from the lowest adjacent finished grade to the top of the highest roof ridgeline
Casitas - Maximum height of the casitas located outside of the visual corridor of
Vertical Zone 1 shall not exceed 26 feet as measured from the lowest adjacent
finished grade. The Casitas located within the Coastal Specific Plan's Vertical
Zone 1 shall not exceed 16 feet in height, as measured from the lowest adjacent
finished grade to the top of the highest roof ridgeline.
Bungalows - Maximum height of the bungalows shall not exceed 26 feet as
measured from the .lowest adjacent finished grade to the top of the highest roof
ridgeline.
Clubhouse — Maximum height of the clubhouse shall not exceed 16 feet as
measured from the lowest adjacent finished grade to the top of the highest roof
ridgeline.
Golf Maintenance Facility - Maximum height of the maintenance facility shall not
exceed 16 feet as measured from the lowest adjacent finished grade to the top of
the highest roof ridgeline.
Lookout Bar — Maximum height of the Lookout Bar shall not exceed 19 feet as
measured from the lowest adjacent finished grade to the top of the highest roof
ridgeline.
Lower Pool Facility — Maximum height of the lower pool facility shall not exceed
16 feet, as measured from the lowest adjacent finished grade to the top of the
highest roof ridgeline.
Resolution No. 2005-39
Exhibit B
Page 14 of 40
Parking Structure — Maximum height of the parking structure shall not exceed 16
feet, as measured from the lowest adjacent finished grade to the top of the
highest parapet wall and railing thereon.
Accessory Structures — Maximum height of all accessory structures shall not
exceed 12 feet, as measured from the lowest adjacent finished grade to the top
of the highest roof ridgeline.
Architectural Features — architectural elements (cupolas, rotundas, and towers)
may exceed the foregoing height limits with the prior written approval of the
Director of Planning, Building and Code Enforcement, provided that such
elements are generally consistent with the plans reviewed by the City Council.
Chimneys - Fireplace chimneys shall be limited to the minimum height
acceptable by the Uniform Building Code
52)A Building Pad Certification shall be prepared by a licensed engineer and submitted
to Director of Planning, Building and Code Enforcement prior to final inspection of
grading activities. A Roof Ridgeline Certification, indicating the maximum height
of each building, shall be prepared by a licensed engineer and submitted to
Director of Planning, Building and Code Enforcement prior to the final framing
certifications for each building.
53)In no event shall any structure, including architectural features, exceed the elevation
height of Palos Verdes Drive South, as measured from the closest street curb,
adjacent to the Resort Hotel Area. This condition shall not apply to chimneys
built to the minimum standards of the Uniform Building Code.
54)Glare resulting from sunlight reflecting off building surfaces and vehicles shall be
mitigated by such measures as incorporating non-reflective building materials
and paint colors into the design of the hotel architecture, as well as landscaping
around the buildings and parking lots.
55)The design of the parking structure shall resemble the hotel architecture and shall be
subject to review and approval by the Director of Planning, Building and Code
Enforcement. The materials used for the parking structure shall be reviewed and
approved by the Director of Planning, Building and Code Enforcement prior to
issuance of building permits.
56)The applicant shall submit an Architectural Materials Board for review and approval
by the Director of Planning, Building and Code Enforcement prior to issuance of
Resolution No. 2005-39
Exhibit B
Page 15 of 40
building permits. The Materials Board shall identify, at the least, a sample of the
proposed exterior building materials, such as roof tile materials and paint colors.
57)The hotel buildings, and ancillary structures, shall be finished in a muted earth-tone
color, as deemed acceptable by the Director of Planning, Building and Code
Enforcement during the review of the Materials Board.
58)The roof materials for all pitched roofs of the hotel buildings, including but not limited
to the Villas, Casitas, Bungalows, Golf Clubhouse and all other ancillary
structures, shall be tile, consisting of a muted color, as deemed acceptable by
the Director of Planning, Building and Code Enforcement during the review of the
Materials Board. The material for all flat roofs shall be a color that is compatible
with the color of the tiles used on the pitched roofs throughout the resort hotel, as
deemed acceptable by the Director of Planning, Building and Code Enforcement.
59)AII trash enclosure areas shall be designed with walls six (6) feet in height with the
capability of accommodating recycling bins. The enclosures shall be consistent
with the overall building design theme in color and material, and shall include
self-closing / self-latching gates. The enclosures shall integrate a trellis type roof
cover to visually screen and to reduce their visibility from all public rights-of-way
and surrounding properties.
60)ln accordance with the Commercial Recreational zoning district, the Resort Hotel
Area shall not exceed a maximum lot coverage of thirty (30%) percent. For the
purpose of this project, the definition of Lot Coverage shall adhere to the
residential standards set forth in Section 17.02.040(A)(5) of the RPVMC.
61)ln addition to the Coastal Setback line, as required by the RPVMC, all other building
setbacks shall comply with the Commercial-Recreational zoning requirements,
unless otherwise noted herein. A Setback Certification shall be prepared by a
licensed engineer and submitted to Building and Safety prior to the framing
inspection on each structure.
Public Amenities (Trails and Parks)
62)Prior to the issuance of any building or grading permits for the hotel, casitas, spa,
villas, or clubhouse, the applicant shall submit and receive approval for a Public
Amenities Plan which shall include specific design standards and placement for
all trails, vista points, parking facilities, signs, and park areas within the project
site, as specified in the conditions herein. Additionally, the Plan shall include the
size, materials and location of all public amenities and shall establish a regular
maintenance schedule. City Staff shall conduct regular inspections of the public
Resolution No. 2005-39
Exhibit B
Page 16 of 40
amenities. The Plan shall be reviewed and approved by the City Council at a
duly noticed public hearing, as specified in the RPVMC.
63)Prior to the issuance of any Certificate of Occupancy or the operation of the golf
practice facility, whichever _ occurs first, the applicant shall complete the
construction of the following public access trails, public parks and other public
amenities within the project site, except for the Lookout Bar, which shall be
constructed within six (6) months after the issuance of the first Certificate of
Occupancy for the resort hotel:
a. Implementation of the Public Amenities Plan (such as
benches, drinking fountains, viewing telescopes, bicycle racks, fences,
signs, irrigation, and landscaping)
b. Public trails and trail signs to the satisfaction of the City (The
Marineland Trail Segment (C5), . Long Point Trail Segment (D4),
Flowerfield Trail Segment (E2), and Cafe Trail Segment (J2)
improvements).
C. Bicycle paths along southern lane of Palos Verdes Drive
South adjacent to the project site.
d. The coastal public parking area within the resort hotel project
area serving the coastal access points.
e. The expansion of the Fishing Access Parking Lot.
f. Improvements to the existing Fishing Access Parking lot.
g. Improvements to the Public Restroom facility at the Fishing
Access site.
h. Public section of the Lower Pool Facility (consisting of
outdoor tables and seating, men and women restroom and changing
facilities, planter boxes with trees that provide shaded seating areas,
access to the pool kitchen facility, outdoor showers and drinking water
fountains).
i. The 2.2 acre Bluff-Top park.
j. Habitat Enhancement area.
64)The City encourages incorporation of a marine theme into the project's public trails
and park area.
65)The applicant shall upgrade the Los Angeles County Fishing access parking lot,
fencing, signs, and landscaping to be consistent with the proposed 50 space
parking lot expansion on the project site. Said improvements shall be reviewed
and approved by the County of Los Angeles or the subsequent landowner of the
Fishing Access, and shall be constructed prior to issuance of any Certificate of
Occupancy for the resort hotel.
Resolution No. 2005-39
Exhibit B
Page 17 of 40
66)The applicant shall improve, to the satisfaction of the Director of Planning, Building
and Code Enforcement and Public Works Director, the existing public restroom
facility located at the Los Angeles County Fishing Access to architecturally and
aesthetically resemble the resort hotel buildings and related public amenities.
Said improvements shall be reviewed and approved by the County of Los
Angeles or the subsequent landowner of the Fishing Access, and shall be
constructed prior to issuance of any Certificate of Occupancy for the resort hotel.
67)Prior to the issuance of any Certificate of Occupancy, or prior to recordation of Final
Parcel Map No. 26073, whichever occurs first, the applicant shall dedicate
easements over all public trails, habitat areas, vista points, and public amenities
to the City of Rancho Palos Verdes.
68)Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate the
2.2 acre Bluff-Top park and 1.0 acre adjacent Fishing. Access parking lot
expansion (50 parking spaces) to the City. Maintenance of the trails, park
grounds and landscaping, including but not limited to the landscaping located
within the Fishing Access Parking Lot shall be maintained by the applicant as
long as a hotel is operated on the property.
69)Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate an
easement to the City and construct two Public Vista Points along the Long Point
Trail Segment (D4) in locations to be approved by the Director of Planning,
Building, and Code Enforcement in the review of the Public Trails Plan. Habitat
fencing, as well as habitat protection signs shall be posted in and around any
vista point. The square footage of any Habitat Enhancement Area or the 50-foot
transitional area that is used for the vista points shall be replaced at a ratio of 1:1.
70)Prior to recordation of any final map or issuance of any building or grading permits,
the applicant shall submit to the Director of Public Works a Public Trails Plan
which identifies the on-site and off-site pedestrian and bicycle trails proposed for
the project for review and approval by the City Council. The plan shall include
details regarding trail surface, trail width, and trail signage. Furthermore, all trail
segments shall be constructed with appropriate trail engineering techniques, as
approved by the City's Director of Public Works, to avoid soil erosion and
excessive compaction. The public trails, as identified in the city's Conceptual
Trails Plan shall include: the Marineland Trail Segment (C5); the Long Point Trail
Segment (D4); the Flower Field Trail Segment (E2); and the Cafe Trail Segment
(J2). Furthermore, the beach access trail at the southeast corner of the project
site shall also be kept open to the public and shall be maintained by the
applicant.
Resolution No. 2005-39
Exhibit B
Page 18 of 40
71)Prior to issuance of any Certificate of Occupancy, the applicant shall construct class
I and class II bikeways along Palos Verdes Drive South, adjacent to the project
site, to the satisfaction of the Director of Public Works. In the event any drainage
grates are required, all grates shall be installed in a manner that is perpendicular
to the direction of traffic to the satisfaction of the Director of Public Works.
72)All project related trails, as identified in the City's Conceptual Trails Plan, shall be
designed to the following minimum standards for trail widths, with easements
extending an additional foot on either side of the trail:
a. Pedestrian Only — 4 foot improved trail width, 6 foot
dedication
b. Pedestrian/Equestrian — 6 foot improved trail width, 8 foot
dedication
C. Pedestrian/Bike - 6 foot improved trail width, 8 foot
dedication
d. Joint Pedestrian/Golf Cart — 10 foot improved trail, 12 foot
dedication.
Standard golf cart-only paths, if constructed, shall be 6 feet wide, and require no
easement dedication.
If a golf cart path is parallel, but not immediately abutting, a pedestrian path, a 2-
foot minimum separation between the two paths shall be incorporated into the
design of the paths in question and shall be maintained at all times thereafter. If
a golf cart path is a immediately abutting a pedestrian path without separation,
the golf cart path shall be curbed.
73)Where feasible, the applicant shall design, to the satisfaction of the Director of
Planning, Building, and Code Enforcement, public trails, public restrooms and
public park facilities that are in compliance with the American Disabilities Act
requirements.
74)The Lower Pool Facility and the trail from the public parking lot nearest the hotel
building to the Lower Pool Facility shall be constructed in compliance with all the
standards established by the American with Disabilities Act (ADA).
75)Where feasible, the applicant shall design trails, to the satisfaction of the Director of
Planning, Building and Code Enforcement, that do not exceed a maximum
gradient of twenty (20%) percent.
Resolution No. 2005-39
Exhibit B
Page 19 of 40
e
Landscaping/Ve.etation
76)Prior to issuance of any building or grading permits, the applicant shall record a
conservation easement covering the Bluff-face/Habitat Enhancement Area. The
conservation easement shall be recorded in favor of the City of Rancho Palos
Verdes, and shall first be reviewed and accepted by the City Attorney.
77)The Habitat Enhancement Area shall extend from the Los Angeles County Fishing
Access Parking Lot to the toe of the slope immediately north of the Lookout Bar .
The Habitat Enhancement Area shall be thirty (30) feet wide, as measured from
the inland limits of the coastal bluff scrub, as specified in the Mitigation Measures
adopted by the City Council by Resolution No. 2002-34. All public trails in this
portion of the site shall not encroach into the Habitat Enhancement Area.
78)A Landscape Plan shall be prepared by a qualified Landscape Architect in
accordance with the standards set forth in RPVMC. The Landscape Plan shall
be reviewed and approved by the Director of Planning, Building and Code
Enforcement, a qualified Landscape Architect and a qualified botanist, hired by
the City, prior to the issuance of any building or grading permits. The applicant
shall establish a Trust Deposit account with the City prior to the submittal of
Landscape Plans to cover all costs incurred by the City in conducting such
review. During the Director's review, the Landscape Plan shall also be made
available to the public, including but not limited to representatives from the
California Native Plant Society, for review and input.
The Ornamental Landscape Plan shall comply with the water conservation
concepts, the View Preservation Ordinance, the planting requirements, the
irrigation system design criteria, and all other requirements of the RPVMC. The
Plan shall identify the plant and seed sources and the required lead time that will
be needed to implement the plan. The plan shall also take into account protected
view corridors as identified in the project EIR such that future impacts from tree
or other plant growth will not result. A colorful plant palette shall be utilized in the
design of the hotel landscaping where feasible, provided that impacts to native
and protected vegetation will not occur. No invasive plant species shall be
included in the plant palette, except for the following species which exist on-site
or within the immediate area: Eucalyptus, Nerium Oleander, Olea Europia (olive
tree), Phoenix (all species), Shinus Molle (California Pepper Tree), Shinus
Terebinthifolius (Florida Pepper Tree).
The Habitat Enhancement Area, which serves as a plant buffer for the El
Segundo Blue Butterfly and the Bluff Habitat shall consist of suitable, locally
native plants. In addition, the 50-foot wide planting area inland of the Habitat
Enhancement Area, as specified in the adopted Mitigation Monitoring Program
Resolution No. 2005-39
Exhibit B
Page 20 of 40
(5.3-2c) attached as Exhibit "C" of Resolution No. 2002-34, shall also be planted
with suitable, locally native plants and grasses. When available , it is
recommended that seeds and plants for both areas come from local sources.
The applicant shall submit for review and approval by the Director of Planning,
Building and Code Enforcement and a qualified biologist, at the expense of the
applicant, a Habitat Enhancement Management Plan that shall ensure regular
maintenance to prevent propagation of invasive plants into the Habitat
Enhancement or buffer areas and that any invasive plants that do propagate into
the Habitat Enhancement Area will be immediately removed. Said Management
Plan shall be submitted for review and approval at the same time as the
Landscape Plan.
79)Landscaping proposed surrounding the Resort Villas shall be situated in a manner
that, at maturity, visually screens the buildings from Palos Verdes Drive South,
as well as visually separates the dense appearance of the Villas. Said
landscaping shall also be permitted to grow beyond the maximum height of the
Villas' roof ridgeline, only when such landscaping is able to screen the roof
materials and not block a view corridor, as determined by the Director of
Planning, Building and Code Enforcement at the time the Landscape Plan is
reviewed.
80)Reasonable efforts shall be made by the applicant to preserve and replant existing
mature trees, as deemed acceptable by the Director of Planning, Building and
Code Enforcement. Any replanted trees, if invasive, shall not be located in the
native plant area (30-foot Habitat Enhancement Area and 50-foot transition area).
Any such replanted or retained trees shall be noted on the required landscape
plans.
81)Where practical, landscaping shall screen the hotel building, ancillary structures, and
the project's night lighting as seen from surrounding properties and/or public
rights-of-way, as depicted on the Landscape Plan.
Li htin
82)The applicant shall prepare and submit a Lighting Plan for the Resort Hotel Area in
compliance with the RPVMC. The Lighting Plan shall clearly show the location,
height, number of lights, wattage and estimates of maximum illumination on site
and spill/glare at property lines for all exterior circulation lighting, outdoor building
lighting, trail lighting, parking lot lighting, landscape ambiance lighting, and main
entry sign lighting. The Lighting Plan shall be submitted for review and approval
by the Director of Planning, Building and Code Enforcement prior to issuance of
any building permit for the Resort Hotel Area. Furthermore, prior to the Director's
Resolution No. 2005-39
Exhibit B
Page 21 of 40
review, the Lighting Plan shall be reviewed and approved by a qualified biologist
for potential impacts to wildlife.
83)Parking and Security lighting shall be kept to minimum safety standards and shall
conform to City requirements. Fixtures shall be shielded so that only the subject
property is illuminated; there shall be no spillover onto residential properties or
halo into the night sky. A trial period of ninety (90) days from the installation of
the project exterior lighting for the hotel, spa, west casitas, east casitas, villas,
clubhouse, golf practice facility, tennis courts, surface parking lots, and parking
structure shall be assessed for potential impacts to the surrounding environment.
At the end of the ninety (90) day period, the Director of Planning, Building and
Code Enforcement may require additional screening or reduction in the intensity
or number of lights which are determined to be excessively bright or otherwise
create adverse impacts.
84)Outdoor tennis court lighting shall be permitted on individual timers up to 10:00 p.m.
Light poles for such lighting shall not exceed an overall height of 16 feet,
including the light fixture.
85)No golf practice facility lighting shall be allowed other than safety lighting for the use
of trails through the golf practice facility areas and lighting for the clubhouse and
adjacent parking lot.
Sans
86)Prior to the issuance of any building, a Uniform Sign Program shall be submitted to
the Planning Department for review and approval by the City Council, at a duly
noticed public hearing. The Sign Program shall include all exterior signs
including resort identification signs, spa identification signs, golf practice facility
signs including routing signs and any warning signs, public safety signs for trails
and park areas, educational signs about habitat or wildlife and any other
proposed project signs. Furthermore, the Sign Program shall indicate the colors,
materials, locations and heights of all proposed signs. Said signs shall be
installed prior to issuance of any Certificate of Occupancy.
Utilities/Mechanical Equipment
87)Prior to issuance of any Certificate of Occupancy, all utilities exclusively serving the
project site shall be placed underground including cable television, telephone,
electrical, gas and water. All appropriate permits shall be obtained for any such
installation. Cable television, if utilized, shall connect to the nearest trunk line at
the applicant's expense.
Resolution No. 2005-39
Exhibit B
Page 22 of 40
88)Prior to issuance of any Certificate of Occupancy, all existing above ground utilities
serving the project site within the public right-of-way adjacent to the property
frontage of the project site shall be placed underground by the applicant. In
addition, the two (2) power poles on either side of Palos Verdes Drive South, and
the lines thereon, shall be placed underground.
89)No above ground utility structures cabinets, pipes, or valves shall be constructed
within the public rights-of-way without prior approval of the Director of Public
Works.
90)Mechanical equipment, vents or ducts shall not be placed on roofs unless the
applicant demonstrates, to the satisfaction of the Director of Planning, Building
and Code Enforcement, that there is no feasible way to place the equipment
elsewhere. In the event that roof mounted equipment is the only feasible
method, all such equipment shall be screened and/or covered to the satisfaction
of the Director of Planning, Building, and Code Enforcement so as to reduce their
visibility from adjacent properties and the public rights-of-way. Any necessary
screening or covering shall be architecturally harmonious with the materials and
colors of the buildings, and shall not increase any overall allowed building height
permitted by this approval. This condition shall apply to all buildings in the
Resort Hotel Area, including but not limited to, the hotel, bungalows, casitas,
villas, spa, and golf clubhouse.
91)Use of satellite dish antenna(e) or any other antennae shall be controlled by the
provisions set forth in the RPVMC. Centralized antennae shall be used rather
than individual antennae for each room, building or accommodation.
92)Mechanical equipment, regardless of its location, shall be housed in enclosures
designed to attenuate noise to a level of 65 dBA at the project site's property
lines. Mechanical equipment for food service shall incorporate filtration systems
to eliminate exhaust odors.
93)AII hardscape surfaces, such as the parking area and walkways, shall be properly
maintained and kept clear of trash and debris. The hours of maintenance of the
project grounds shall be restricted to Mondays through Fridays from 7:00 a.m. to
5:00 p.m., and on Saturdays from 9:00 a.m. to 4:00 p.m. Said maintenance
activities shall be prohibited on Sundays and National holidays.
94)The storage of all goods, wares, merchandise, produce, janitorial supplies and other
commodities shall be permanently housed in entirely enclosed structures, except
when in transport.
Resolution No. 2005-39
Exhibit B
Page 23 of 40
Fences, Walls, and Gates
95)No freestanding fences, walls, or hedges shall be allowed, unless a Uniform Fencing
Plan is reviewed and approved by the Director of Planning, Building, and Code
Enforcement, except as otherwise required by these conditions or the mitigation
measures set forth in the Mitigation Monitoring Plan attached as Exhibit "C" to
Resolution No. 2002-34. Said Fencing Plan shall be reviewed and approved
prior to issuance of any building permit and shall be installed prior to issuance of
any Certificate of Occupancy. No entry gates shall be permitted.
96)The design of the fencing required along the bluff top park, bluff top trails, and the
Habitat Preserve Areas shall be included in the Public Amenities Plan, as
required herein. Said fencing shall be modeled to generally resemble the wood /
cable fence installed in City parks, such as Shoreline Park and Ocean Trails.
97)AII pools and spas shall be enclosed with a minimum 5' high fence, with a self-
closing device and a self-latching device located no closer than 4' above the
ground.
98)AII fencing surrounding the Lower Pool Facility, including pool and spa security
fencing, shall be constructed in a manner that meets the minimum fence
standards for pool safety, as noted in the above condition, and shall minimize a
view impairment of the coastline as determined by the Director of Planning,
Building and Code Enforcement.
99)No safety netting for the golf course or practice facility shall be permitted.
100) Any on-site fencing along Palos Verdes Drive South shall be no higher than two
(2) feet in height and shall be modeled to generally resemble the fencing installed
along Palos Verdes Drive West for the Ocean Front Estates project. The
landscaping along said fence shall be limited to 1-foot in height.
Source Reduction and Rec cy ling
101) Prior to issuance of any Certificate of Occupancy, the applicant shall prepare and
submit to the Director of Public Works for review and approval a comprehensive
Integrated Waste Management Plan that addresses source reduction, reuse and
recycling. The Plan shall include a description of the materials that will be
generated, and measures to reduce, reuse and recycle materials, including, but
not limited to, beverage containers, food waste, office and guest room waste.
The Plan shall also incorporate grass cycling, composting, mulching and
xeriscaping in ornamental landscaped areas. Grass cycling, composting, or
Resolution No. 2005-39
Exhibit B
Page 24 of 40
mulching shall not be used in the Habitat Areas. It is the City's intention for the
project to meet Local and State required diversion goals in effect at the time of
operation. The specifics of the Plan shall be addressed by the applicant at the
time of review by the Director of Public Works.
102) Prior to issuance of any building or grading permits, an approved Construction
and Demolition Materials Management Plan (CDMMP or the Plan) shall be
prepared and submitted to the Director of Public Works for approval. The
CDMMP shall include all deconstruction, new construction, and
alterations/additions. The CDMMP shall document how the Applicant will divert
85% of the existing on-site asphalt, base and concrete, through reuse on-site or
processing at an off-site facility for reuse. The Plan shall address the parking
lots, concrete walkways, and other underground concrete structures. The Plan
shall also identify measures to reuse or recycle building materials, including
wood, metal, and concrete block to meet the City's diversion goal requirements
as established by the State Integrated Waste Management Act (AB 939). In no
case shall the Plan propose to recycle less than the state mandated goals as
they may be amended from time to time.
103) Prior to issuance of any Certificate of Occupancy, a Construction and Demolition
Materials Disposition Summary (Summary) shall be submitted to the Director of
Public Works upon completion of deconstruction and construction. The
Summary shall indicate actual recycling activities and compliance with the
diversion requirement, based on weight tags or other sufficient documentation.
104) Where possible, the site design shall incorporate for solid waste minimization, the
use of recycled building materials and the re-use of on-site demolition debris.
105) The project site design shall incorporate areas for collection of solid waste with
adequate space for separate collection of recyclables.
Street and Parking Improvements
106) Prior to issuance of any Certificate of Occupancy, emergency vehicular access
shall be installed at the project site, specifically to the hotel, villas, casitas, and
the golf club house and golf practice facilities. A Plan identifying such
emergency access shall be submitted to the Fire Department and the Director of
Public Works for review and approval prior to issuance of any grading or building
permit.
107) Prior to issuance of any building permit, the applicant shall prepare an
Emergency Evacuation Plan for review and approval by the Director of Planning,
Resolution No. 2005-39
Exhibit B
Page 25 of 40
Building and Code Enforcement. Said plan shall comply with the City's SEMS
Multihazard Functional Plan.
108) The applicant shall construct and retain no fewer than 875 parking spaces on the
resort property, of which 50 parking spaces shall be dedicated for public use
during City Park Hours, which are from one hour before sunrise until one after
sunset. The 50 dedicated public parking spaces on the resort hotel property
nearest to the hotel building may be used by the hotel to accommodate its
overflow valet parking needs when the City parks are closed for those wishing to
use hotel amenities but who are not staying overnight. Additionally, these 50
public parking spaces may be used by the operator of the resort hotel for special
events during City park hours, provided that a Special Use Permit is obtained
from the Planning Department, which shall be processed pursuant to the
provisions of the RPVMC. The applicant shall install signs in the public parking
lot nearest to the hotel building stating that additional public parking is available
at the Fishing Access parking lot. The applicant shall also expand the Fishing
Access Parking Lot by constructing 50 additional public parking spaces that shall
be deeded to the City as a public parking area.
109) Prior to issuance of any Certificate of Occupancy, an appropriate public access
easement in favor of the City across the resort entry drive from Palos Verdes
Drive South to the designated public parking area adjacent to the main hotel
building, in a form acceptable to the City Attorney, shall be recorded.
110) A Parking Lot Plan shall be reviewed and approved by the Director of Planning,
Building and Code Enforcement prior to issuance of project-related grading
permits. The Parking Lot Plan shall be developed in conformance with the
parking space dimensions and parking lot standards set forth in RPVMC, and
shall include the location of all light standards, planter boxes, directional signs
and arrows. No more than 15% of the total parking spaces shall be in the form of
compact spaces. The filing fee for the review of the Parking Plan shall be in
accordance to the City's Fee Schedule as adopted by Resolution by the City
Council.
111) Prior to the recordation of any final map, or issuance of any grading permit, the
applicant shall submit security, in a form reasonably acceptable to the City, to
cover any damage caused to existing public roadways during construction. The
amount of said security shall be determined by the Director of Public Works.
112) Prior to issuance of any Certificate of Occupancy, the applicant shall replace all
damaged curbs, gutters, and sidewalks along the project's Palos Verdes Drive
South frontage, as determined by the Director of Public Works. Prior to approval
of the Street Improvement Plan, the applicant shall post a security bond in an
Resolution No. 2005-39
Exhibit B
Page 26 of 40
amount sufficient to ensure completion of such improvements, including, without
limitation, the costs for labor and material. The amount of such security shall be
determined by the Director of Public Works
113) All proposed driveways shall be designed in substantially the same alignment as
shown on the approved site plans, subject to final design review and approval by
the Los Angeles County Fire Department and the Director of Public Works.
114) Any on-site raised and landscaped medians and textured surfaces shall be
designed to standards approved by the Director of Public Works.
115) Handicapped access ramps shall be installed and or retrofitted in accordance
with the current standards established by the Americans with Disabilities Act.
Access ramps shall be provided at all intersections and driveways.
116) If excavation is required in any public roadway, the roadway shall be resurfaced
with an asphalt overlay to the adjacent traffic lane line to the satisfaction of the
Director of Public Works.
117) Prior to commencing any excavation within the public rights-of-way, the applicant
shall obtain all necessary permits from the Director Public Works.
118) Prior to the recordation of a final map or issuance of any building or grading
permits, whichever comes first, the applicant shall construct or enter into an
agreement and post security guaranteeing the construction of the following public
and/or private improvements in conformance with the applicable City Standards:
street improvements, medians, sidewalks, drive approaches, bus turnouts and
shelters, bikeways, trails, signing, striping, storm drain facilities, sub-drain
facilities, landscape and irrigation improvements (medians, slopes, parks, and
public areas including parkways), sewer, domestic water, monumentation, traffic
signal systems, trails, and the undergrounding of existing and proposed utility
lines. If security is posted it shall be in an amount sufficient to ensure completion
of such improvements, including, without limitation, the costs for labor and
materials. The amount of such security shall be determined by the Director of
Public Works. The security referred to in this condition may be grouped into one
of the following categories, provided that all of the items are included within a
category: 1) Landscape and Irrigation; 2) On-site Street Improvement Plans and
Parking, and 3) Palos Verdes Drive South Improvements.
119) Prior to the issuance of any Certificate of Occupancy, the applicant shall
complete the street improvements to Palos Verdes Drive South as identified in
the Mitigation Measures set forth in the Mitigation Monitoring Plan attached as
Exhibit "C" to Resolution No. 2002-34. The improvements shall include the
Resolution No. 2005-39
Exhibit B
Page 27 of 40
following: Installation of a new traffic signal on Palos Verdes Drive South at the
project entrance, a right turn lane for south-bound traffic to facilitate ingress into
the project and a lengthened left turn lane for north-bound traffic to facilitate
ingress into the project.
120) Prior to issuance of any Certificate of Occupancy, the applicant shall improve
with landscaping and irrigation the median and parkway along Palos Verdes
Drive South, in the area generally located in front of the project site's entrance
driveway, including the portion of the median that is to be improved with an
expanded left-turn pocket, up to the eastern most driveway of the Fishing Access
Parking Lot. If available, said landscaping shall consist of non-invasive plant
species, except the permitted invasive species listed in Condition No. 78, as
deemed acceptable by the Director of Public Works.
121) The design of all interior streets shall be subject to review and approval by the
Director of Public Works.
122) The applicant shall dedicate vehicular access rights to Palos Verdes Drive South
to the City, except as provided for private driveways and emergency access as
shown on the site plan.
123) Prior to the approval of Street Improvement Plans, the applicant shall submit
detailed specifications for the structural pavement section for all streets, both on-
site and off-site including parking lots, to the Director of Public Works for review
and approval.
Traffic
124) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the
City of Los Angeles for its fair share of the following improvements to the
intersection of Western Avenue (NS) at 25th Street (EW): Provide east leg of 25th
Street with one left turn lane, two through lanes, and one right turn lane.
125) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the
City of Rolling Hills Estates for its fair share of the following improvements to the
intersection of Hawthorne Boulevard (NS) at Palos Verdes Drive North (EW):
Provide west leg with one left turn lane, one shared left and through lane, one
through lane, and one right turn lane.
126) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay The
City of Rolling Hills Estates for its fair share of the following improvements to the
intersection of Silver Spur Road( NS) at Hawthorne Boulevard (EW): Provide
north leg with one left turn lane, two through lanes, and one right turn lane; and
Resolution No. 2005-39
Exhibit B
Page 28 of 40
re-stripe south leg with two left turn lanes, one through lane, and one right turn
lane.
127) Prior to issuance of building or grading permits, the applicant shall provide
security, in a form reasonably acceptable to the Director of Public Works, in the
amount of $100,000 to cover the cost of mitigating any impacts caused by this
project that would require the installation of any new traffic signal that may be
required along Hawthorne Boulevard, Palos Verdes Drive South, or Palos Verdes
Drive West. This security will be held by the City in accordance with the
provisions of Government Code Section 66001 for a minimum five year period,
from the date of the main hotel building's Certificate of Occupancy.
128) Upon the opening of the resort hotel or golf practice facility, whichever occurs
first, the hotel operators shall implement a shuttle service between the Long
Point Resort Hotel and the Ocean Trails Golf Course. The use of low emissions
vehicles shall be used for the shuttles. The hotel operators shall design the
schedule of the shuttles so as to encourage and maximize its use by hotel
guests.
129) The applicant shall comply with all applicable provisions of the City's
Transportation Demand Management and Trip Reduction Ordinance as set forth
in RPVMC Section 10.28.
GRADING PERMIT NO. 2229
Gradin
130) The following maximum quantities and depths of grading are approved for the
Resort Hotel Area, as shown on the approved grading plans received by the City
on May 21, 2002, and prepared by I ncledon Kirk Engineers:
a. Maximum Total Grading (Cut and Fill): 784,550 cubic yards.
b. Maximum Cut: 411,889 cubic yards (392,275 cubic yards
with 5% shrinkage).
c. Maximum Fill: 392,275 cubic yards.
d. Maximum Depth of Cut: 35 feet (located in the area of the
western most bungalow units).
e. Maximum Depth of Fill: 21 feet (located in the area of the
more inland row of Western Casitas).
Any modifications resulting in additional grading in excess of the above amounts
shall require approval of an amendment to the grading permit by the City Council.
Resolution No. 2005-39
Exhibit B
Page 29 of 40
This is a balanced grading project. No import or export of earth shall be
permitted, except as provided in Condition No. 155.
131) All recommendations made by the City Geologist, the City Engineer, and the
Building and Safety Division during the ongoing review of the project shall be
incorporated into the design and construction of the project.
132) All recommendations made by the project's geologist, as modified by comments
from the City's reviewers, shall be incorporated into the design and construction
of the project.
133) If applicable, as determined by the City Geologist, prior to the issuance of
grading permits, a bond, cash deposit, or combination thereof, shall be posted to
cover costs for any geologic hazard abatement in an amount to be determined by
the Director of Public Works.
134) Prior to issuance of a grading permit by Building and Safety, the applicant shall
submit to the City a Certificate of Insurance demonstrating that the applicant has
obtained a general liability insurance policy in an amount not less than five million
dollars per occurrence and in the aggregate to cover awards for any death,
injury, loss or damage, arising out of the grading or construction of this project by
the applicant. Said insurance policy must be issued by an insurer that is
authorized to do business in the State of California with a minimum rating of A-VII
by Best's Insurance Guide or a rating of at least A by Standard & Poors. Such
insurance shall name the City and the members of its City Council, boards,
committees, commissions, officers, employees, servants, attorneys, volunteers
and agents serving as its independent contractors in the role of City officials, as
additional insureds. A copy of this endorsement shall be provided to the City.
Said insurance shall be maintained in effect for a minimum period of five (5)
years following the final inspection and approval of said work by the City and
shall not be canceled or reduced during the grading or construction work without
providing at least thirty (30) days prior written notice to the City.
135) All on-site public improvements (Parking lots, sidewalks, ramps, grading) shall be
bonded for with the appropriate improvement bonds in amounts to be deemed
satisfactory by the Director of Public Works.
136) Prior to issuance of a grading permit, the applicant shall provide the Director of
Planning, Building and Code Enforcement a plan that demonstrates how dust
generated by grading activities will be mitigated so as to comply with the South
Coast Air Quality Management District Rule 403 and the City's Municipal Code
Requirements which require watering for the control of dust.
Resolution No. 2005-39
Exhibit B
Page 30 of 40
137) Prior to the issuance of a grading permit, the applicant shall prepare a plan
indicating, to scale, clear sight triangles, which shall be maintained at each
roadway and driveway intersection. No objects, signs, fences, walls, vegetation,
or other landscaping shall be allowed within these triangles in excess of three
feet in height.
138) Prior to the issuance of a grading permit, the following improvements shall be
designed in a manner meeting the approval of the Director of Public Works: 1)
all provisions for surface drainage; 2) all necessary storm drains facilities
extending to a satisfactory point of disposal for the proper control and disposal of
storm runoff; and 3) all water quality related improvements. Where determined
necessary by the Director of Public Works, associated public street and utility
easements shall be dedicated to the City.
139) Prior to the issuance of any precise grading permit, the applicant shall submit to
the Director of Public Works, a plan for the placement of traffic signing, pavement
delineation, and other traffic control devices.
140) Prior to the issuance of grading permits, the applicant shall submit to the Director
of Public Works, for his review and approval, a construction traffic management
plan. Said plan shall include the proposed routes to and from the project site for
all deliveries of equipment, materials, and supplies, and shall set forth the
parking plan for construction employees. All construction related parking must
be accommodated on-site. No construction related parking shall be permitted
off-site.
141) If applicable, as determined by the City Geologist, prior to the issuance of a
grading permit, all geologic hazards associated with this proposed development
shall be eliminated, or the City Geologist shall designate a restricted use area on
the Final Parcel Map where the erection of buildings or other structures shall be
prohibited.
142) Prior to the issuance of building permits, an independent Geology and/or Soils
Engineer's report on the expansive properties of soils on all building sites shall
be submitted for review and approval by the City Geologist in conformance with
the accepted City Practice.
143) Prior to the issuance of a building permit, an as-built geological report shall be
submitted for structures founded on bedrock, and an as-built soils and
compaction report shall be submitted for structures founded on fill as well as for
all engineered fill areas.
Resolution No. 2005-39
Exhibit B
Page 31 of 40
144) Prior to the issuance of a grading permit, the applicant's project geologist shall
review and approve the final plans and specifications and shall stamp and sign
such plans and specifications.
145) Prior to the issuance of a grading permit, a grading plan review and geologic
report, complete with geologic map, shall be submitted for review and approval
by the City's Geotechnical Engineer.
146) Except as specifically authorized by these approvals, foundations shall be set
back from the Coastal Setback Line in accordance with the RPVMC and shall
extend to such a depth as to be unaffected by any creep-prone surficial soil
and/or weathered bedrock. Field review and certification by the project geologist
is required.
147) All grading shall be monitored by a licensed engineering geologist and/or soils
engineer in accordance wit the applicable provisions of the RPVMC and the
recommendations of the City Engineer. Written reports, summarizing grading
activities, shall be submitted on a weekly basis to the Director of Public Works
and the Director of Planning, Building, and Code Enforcement.
148) The project shall comply with all appropriate provisions of the City's Grading
Ordinance, unless otherwise approved in these conditions of approval.
149) Grading activity on site shall occur in accordance with all applicable City safety
standards.
150) Prior to final grading inspection by Building and Safety, the graded slopes shall
be properly planted and maintained in accordance with the approved landscaping
plan. Plant materials shall generally include significant low ground cover to
impede surface water flows, and shall be non-invasive, except the permitted
invasive species listed in Condition No. 78
151) Prior to final grading inspection by Building and Safety, all manufactured slopes
shall be contour-graded to achieve as natural an appearance as is feasible.
152) Any water features (lakes, ponds, fountains, and etc.) associated with the golf
practice facility, excluding the bioswales used in the water quality treatment train,
shall be lined to prevent percolation of water into the soil. Designs for all water
features shall be included on the grading plans submitted for review by the City's
Building Official and Geotechnical Engineer.
153) The City's Building Official, Geotechnical Engineer and Biologist shall determine
in their review of the grading plans whether water features associated with the
Resolution No. 2005-39
Exhibit B
Page 32 of 40
water quality treatment train, such as the bioswales or catch basins, shall be
lined to prevent water percolation into the soil, and potential impacts to nearby
sensitive habitat areas.
154) The proposed swimming pool and spa for the Lower Pool Facility shall be double
lined and shall contain a leak detection system, subject to review and approval
by the City's Building Official.
155) Should the project require removal of earth, rock or other material from the site,
the applicant shall first obtain City approval in the form of a revised Conditional
Use Permit and Grading Permit application. Said review shall evaluate potential
impacts to the surrounding environment associated with export or import. If the
revised grading impacts are found to be greater that identified in the Certified EIR
that cannot be mitigated to an insignificant level, a Supplemental EIR shall be
prepared and reviewed by the City, at the expense of the applicant.
Furthermore, the applicant shall prepare and submit a hauling plan to the Public
Works Department for review and approval prior to issuance of grading permits.
156) The use of a rock crusher on-site shall be conducted in accordance with the
project's mitigation measures and shall be contained to the area analyzed in the
project's Environmental Impact Report.
157) During the operation of the rock crusher, a qualified biologist shall monitor noise
levels generated by the activity for potential impacts to nearby wildlife. Said
specialist shall be hired by the City at the cost of the applicant, in the form of a
trust deposit account provided by the applicant.
158) Retaining walls shall be limited in height as identified on the grading plans that
are reviewed and approved by the City. Any retaining walls exceeding the
permitted heights shall require the processing of a revised grading permit for
review and approval by the Director of Planning, Building and Code Enforcement.
Drainage
159) The irrigation system and area drains proposed shall be reviewed and approved
by the City's Geotechnical Engineer and Director of Public Works.
160) A report shall be prepared demonstrating that the grading, in conjunction with the
drainage improvements, including applicable swales, channels, street flows,
catch basins, will protect all building pads from design storms, as approved by
the Director of Public Works.
Resolution No. 2005-39
Exhibit B
Page 33 of 40
161) All drainage swales and any other at-grade drainage facilities, including gunite,
shall be of an earth tone color, as deemed necessary by the Director of Building
Planning and Code Enforcement.
162) Prior to issuance of any building or grading permits, the applicant shall submit a
Local Grading and Drainage Plan identifying how drainage will be directed away
from the bluff top, natural drainage courses and open channels to prevent
erosion and to protect sensitive plant habitat on the bluff face. Said Plan shall be
reviewed by the Director of Public Works and the Director of Planning, Building
and Code Enforcement. Said review shall also analyze whether potential
impacts to the bluff top or bluff face may be caused by the proposed drainage
concept.
163) Drainage plans and necessary supporting documents that comply with the
following requirements shall be submitted for review and approval by the Director
of Public Works prior to the issuance of grading permits: A) drainage facilities
that protect against design storms shall be provided to the satisfaction of the
Director of Public Works and any drainage easements for piping required by the
Director of Public Works shall be dedicated to the City on the Final Map; B) sheet
overflow and ponding shall be eliminated or the floors of buildings with no
openings in the foundation walls shall be elevated to at least twelve inches above
the finished pad grade; C) drainage facilities shall be provided so as to protect
the property from high velocity scouring action; and D) contributory drainage from
adjoining properties shall be addressed so as to prevent damage to the project
site and any improvements to be located thereon.
164) Prior to the issuance of the Certificate of Occupancy, the applicant shall upgrade
the drainage facility that currently is located on the Fisherman's access property
and construct a pipe that will convey this water to the proposed drainage system
terminating at Outlet No. 2 to the satisfaction of the Director of Public Works.
165) Prior to the issuance of any grading or building permit, the applicant shall prepare
and submit a Master Drainage Plan for review and approval by the Director of
Public Works. The Plan shall demonstrate adequate storm protection from the
design storm, under existing conditions, as well as after the construction of future
drainage improvements by the City along Palos Verdes Drive South immediately
abutting the project site.
166) Prior to the issuance of any grading permit, the applicant shall demonstrate to the
satisfaction of the Director of Public Works that the design storm can be
conveyed through the site without conveying the water in a pipe and without
severely damaging the integrity of the Urban Stormwater Mitigation Plan (USMP),
especially the bioswale system. If such integrity cannot be demonstrated, the
Resolution No. 2005-39
Exhibit B
Page 34 of 40
applicant shall redesign the USMP to the satisfaction of the Director of Public
Works, which may require offsite flows to be diverted into a piped system and
carried though the site. If the piped system is used, the applicant shall dedicate
a drainage easement to the City to the satisfaction of the Director of Public
Works.
167) Prior to the issuance of a grading permit that proposes to convey off-site
drainage through the subject property, the applicant shall execute an agreement
with the City that is satisfactory to the City Attorney that defending, indemnifying
and holding the City, members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials,
(collectively, "Indemnitees") harmless from any damage that may occur to the
subject property or any improvements, persons or personal property located
thereon due to the conveyance of offsite design storm flows through the site.
NPDES
168) Prior to acceptance of the storm drain system, all catch basins and public access
points that cross or abut an open channel, shall be marked with a water quality
message in accordance with City Standards.
169) Prior to the issuance of any grading or building permits, the applicant shall
furnish to the Director of Public Works, for review and approval, the project's
Water Quality Management Plan and Maintenance Agreement outlining the post-
construction Best Management Practices (BMPs).
170) Prior to issuance of any building or grading permits, the applicant shall submit for
review and approval by the Director of Public Works a Storm Water Pollution
Prevention Plan (SWPPP) describing the construction phase Best Management
Practices (BMPs) to ensure compliance with the NPDES General Permit for
Storm Water Discharges associated with construction activity (Grading Permit),
No. CA s000002.
171) Prior to issuance of any building or grading permit, the applicant shall submit to
the Director of Public Works a Water Quality Management Plan ("Plan"), for
review and approval by the City Council at a duly noticed public hearing. The
Water Quality Management Plan, which shall remain in effect for the life of the
project, shall identify the Best Management Practices (BMPs) used to minimize
and reduce project storm water and runoff pollutants. The Plan shall include
project water quality parameters that meet the objectives of the California Ocean
Plan for non-point discharges in receiving water bodies. Additionally, all storm
water treatment systems shall be designed in accordance with the Los Angeles
Resolution No. 2005-39
Exhibit B
Page 35 of 40
County Department of Public Works "Manual for the Standard Urban Stormwater
Mitigation Plan(SUSMP)". The specific BMP design criteria in the SUSMP (May
2002), as developed by the U.S. EPA and American Society of Civil Engineers,
shall be followed.
The Plan shall contain the operation, maintenance and monitoring procedures,
including Fire and Argentine ant management. The Plan shall indicate potential
impacts of the storm water treatment train to surrounding plants and wildlife. The
monitoring of the treatment train shall include the bioswales and catch basins for
the accumulation of pollutants through sampling and testing of both soil material
and vegetation. The Plan shall indicate the frequency of the required monitoring
and the frequency of the removal and replacement of plant material and soil from
the bioswale. Said report shall be reviewed and approved by the City's Biologist
and/or Chemists. Said monitoring shall be required for the life of the project.
All costs associated with the review, installation and maintenance of the Plan and
project related BMPs shall be the responsibility of the applicant. If the plan
requires construction of improvements, such plans shall be reviewed and
approved by the Director of Public Works.
172) Prior to the issuance of any Certificate of Occupancy, the Water Quality
Management Plan Maintenance Agreement, outlining the post-construction Best
Management Practices, shall be recorded with the Los Angeles County
Recorders Office.
173) Prior to issuance of any building or grading permits, the applicant shall file any
required documents, including the Notice of Intent, and obtain all required
permits from the California Regional Water Quality Control Board.
174) Prior to issuance of any building or grading permits, the applicant shall submit for
review and approval by the Director of Public Works an Erosion Control Plan.
Said Plan shall be designed in conformance with the City standards and the
requirements of the Regional Water Quality Control Board.
175) Prior to issuance of any Certificate of Occupancy, the applicant shall implement
the project in full compliance with the standard urban storm water mitigation plan
adopted by the Regional Water Quality Control Board.
176) Prior to the City Council's review of the Water Quality Management Plan, the
City's Geotechnical Engineer shall review and approve the Plan. In the event the
City's Geotechnical Engineer determines that additional improvements need to
be constructed, the applicant shall revise the Plan accordingly.
Resolution No. 2005-39
Exhibit B
Page 36 of 40
Sewers
177) Prior to issuance of any building or grading permits, the applicant shall prepare
sewer plans in accordance with the Countywide Sewer Maintenance District.
The applicant shall be responsible for the transfer of sewer facilities to the
Countywide Sewer Maintenance District for maintenance.
178) A sewer improvement plan shall be prepared as required by the Director of
Public Works and the County of Los Angeles.
179) Prior to issuance of building or grading permits, the applicant shall submit to the
Director of Public Works, a written statement from the County Sanitation District
accepting any new facility design and/or any system upgrades with regard to
existing trunk line sewers. Said approval shall state all conditions of approval, if
any.
180) Prior to the issuance of any Certificate of Occupancy, the applicant shall dedicate
sewer easements to the City, subject to review and approval by the Director of
Building, Planning and Code Enforcement and the Director of Public Works with
respect to the final locations and requirements of the sewer improvements.
181) Sewer Improvement plans shall be approved by the County of Los Angeles, the
County Sanitation Districts, and the Director of Public Works.
182) A sewer connection fee shall be paid to the County Sanitation Districts of Los
Angeles County prior to the issuance of a permit to connect to the sewer line.
Water
183) Prior to the construction of any water facilities, the Director of Public Works shall
review and approve the water improvement plan. Any water facilities that cannot
be constructed below ground shall be located on the subject property and
screened from view from any public rights-of-way, to the satisfaction of the
Director of Public Works and the Director of Planning, Building and Code
Enforcement. In addition, an easement to California Water Service shall be
dedicated prior to issuance of any grading or building permits.
184) The project site shall be served by adequately sized water system facilities which
shall include fire hydrants of the size and type and location as determined by the
Los Angeles County Fire Department. The water mains shall be of sufficient size
to accommodate the total domestic and fire flows required for the development.
Domestic flow requirements shall be determined by the City Engineer. Fire flow
requirements shall be determined by the Los Angeles County Fire Department
Resolution No. 2005-39
Exhibit B
Page 37 of 40
and evidence of approval by the Los County Fire Department is required prior to
issuance of building permits.
185) Framing of structures shall not begin until after the Los Angeles County Fire
Department has determined that there is adequate fire fighting water and access
available to said structures.
186) The applicant shall file with the Director of Public Works an unqualified "will
serve" statement from the purveyor serving the project site indicating that water
service can be provided to meet the demands of the proposed development.
Said statement shall be dated no more than six months prior to the issuance of
the building permits for the main hotel structure. Should the applicant receive a
qualified "will serve" statement from the purveyor, the City shall retain the right to
require the applicant to use an alternative water source, subject to the review and
approval of the City, or the City shall determine that the conditions of the project
approval have not been satisfied.
187) Prior to the issuance of building or grading permits, the applicant shall file with
the Director of Public Works, a statement from the purveyor indicating that the
proposed water mains and any other required facilities will be operated by the
purveyor, and that under normal operating conditions the system will meet the
needs of the project.
TENTATIVE PARCEL MAP NO. 26073
188) The proposed parcel map shall result in the creation of four (4) parcels (resort
hotel parcel, west casita parcel, east casita parcel, and villa parcel). The 2.2
acre Bluff Top park and Fishing Access Expansion Parking Lot shall be
separately deeded to the City prior to recordation of the Final Map.
189) The applicant shall record a restrictive covenant or other document that is
satisfactory to the City Attorney that requires all of the various parcels that are
within the boundaries of the parcel map to be fully managed by the resort hotel
operator..
190) The applicant shall supply the City with one mylar and ten copies of the map no
later than thirty (30) days after the final map has been filed with the Los Angeles
County Recorders Office.
191) All improvement plans shall be as-built upon completion of the project. Once the
as-built drawings are approved, the applicant shall provide the City with a
duplicate mylar of the plans.
Resolution No. 2005-39
Exhibit B
Page 38 of 40
192) The improvement plans shall be prepared by a Registered Civil Engineer, and
shall be prepared on standard city size sheets. Plans shall be in substantial
conformance with the approved tentative map and site plan as approved by the
City Council and stamped by the Planning Department with the effective date of
this approval.
193) This approval expires twenty-four (24) months from the date of approval of the
parcel map by the City Council, unless extended per Section 66452.6 of the
California Government Code and Section 16.16.040 of the RPVMC. Any request
for extension shall be submitted to the Planning Department in writing at least
sixty (60) days prior to the expiration of the tentative map.
194) This development shall comply with all requirements of the various municipal
utilities and agencies that provide public services to the property.
195) According to Section 16.20.130 of the RPVMC and the Subdivision Map Act
(California Government Code Section 66410 et seq.), at the time of making the
survey for the final parcel map, the engineer or surveyor shall set sufficient
durable monuments to conform with the standards of the Subdivision Map Act.
Prior to recording the final map, the exterior boundary of land being subdivided
shall be adequately monumented with no less than a two (2) inch iron pipe, at
least eighteen (18) inches long, set in dirt and filled with concrete at each
boundary corner. The parcel lot corners shall be monumented with no less than
one-half inch iron pipe for the interior monuments. Spikes and washers may be
set in asphalt pavement and lead and tacks may be set in concrete pavement or
improvements in lieu of pipes. All monuments shall be permanently marked or
tagged with the registration or license number of the engineer or surveyor under
whose supervision the survey was made.
196) The applicant shall be responsible for repair to any public streets which may be
damaged during development of the subject parcels.
197) Easements shall not be granted within easements dedicated or offered for
dedication to the City until after the final map is filed and recorded with the
County Recorder. No easements shall be accepted after recording of the final
map that in any way conflict with a prior easement dedicated to the City, or any
public utility. All existing easements shall remain in full force and effect unless
expressly released by the holder of the easement.
198) Any easement that lies within or crosses public rights-of-way propose to be
deeded or dedicated to the City, shall be subordinated to the City prior to
acceptance of the rights-of-way, unless otherwise exempted by the Director of
Public Works.
Resolution No. 2005-39
Exhibit B
Page 39 of 40
Prior to Submittal of the Final Map
199) Prior to submitting the final map to the City Engineer for examination, the
applicant shall obtain clearance from all affected departments and divisions,
including a clearance from the City Engineer for the following items:
mathematical accuracy, survey analysis, correctness of certificates and
signatures.
Prior to Approval of the Final Map
200) Prior to approval of the final map, any off-site improvements, such as rights-of-
way and easements, shall be dedicated to the City.
201) Prior to approval of the final map, all existing public or private easements,
including utility easements, shall be shown on the final parcel map.
202) Prior to the issuance of any Certificate of Occupancy, the parkland dedication
requirement shall be fulfilled by the applicant in the form of either dedication of
land for park purposes or the payment of in-lieu fees, or a combination thereof,
as-determined by the City Council pursuant to the RPVMC.
203) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the
affordable housing fee required in accordance with the RPVMC.
204) The final map is subject to review and approval by the City Engineer. The
applicant shall establish a trust deposit with the City to cover any costs incurred
by the City in conducting this review.
205) The proposed parcel map shall adhere to all the applicable dedications and
improvements required per Chapter 16.20 of the RPVMC.
Resolution No. 2005-39
Exhibit B
Page 40 of 40