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CC RES 2005-063RESOLUTION NO. 2005-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO CONDITIONAL USE PERMIT NO. 162 (CASE NO. SUB2004- 00008) FOR A RESIDENTIAL PLANNED DEVELOPMENT IN CONNECTION WITH REVISION "W" TO THE TRUMP NATIONAL GOLF CLUB LOCATED IN COASTAL SUBREGIONS 7 AND 8. WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18 -hole golf course, a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east; and, WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45 days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public; and, WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps, and, due to the changes in the project, an Addendum to the Draft Environmental Impact Report (ADEIR) was prepared; and, WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City determined that the information submitted in the AEIR cited potential additional significant environmental impacts that would be caused by the revised project, and directed preparation of a Supplemental Environmental Impact Report (SEIR). The SEIR, which incorporates information and findings set forth in the Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19, 1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR, in conformance with the requirements of the California Environmental Quality Act; and, WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92 -53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92 -54, 92 -559 92 -56 and 92 -57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and Grading Permit No. 1541 for a Residential Planned Development consisting of a total of eighty -three (83) single family dwelling units, an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos. 7 and 8; and, WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project raised a substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes for reconsideration; and, WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92 -115 approving the Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 92 -116, 92 -1179 92 -118 and 92 -119 approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation; and, WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development Permit No. A -5- RPV -93 -5 (i.e. Coastal Permit No. 103), subject to additional conditions of approval. WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93 -89 approving a second Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 93 -90, 93 -91, 93 -92 and 93 -93 respectively re- approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and, WHEREAS, on November 5,1993, the California Coastal Commission adopted revised and expanded findings in conjunction with the project; and, WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 94 -71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 94 -72, 94 -73, 94 -74, 94 -75, 94 -76 and 94 -77, respectively, approving Revision "A" to the approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from the area southwest of the School District property to an area north of Half Way Point, locating the golf course maintenance facility and four (4) affordable housing units southeast of the corner of Palos Verdes Drive South and Paseo Del Mar, reducing the number of single family residential lots from eighty -three (83) to seventy -five (75) and increasing the height of the golf course clubhouse from thirty (30) feet to forty -eight (48) feet; and, WHEREAS, on January 12,1995, the California Coastal Commission approved Coastal Development Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its first amendment to the permit, subject to revised conditions of approval; and, WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal Development Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its second amendment to the permit; and, WHEREAS, on February 1, 1996, the California Coastal Commission approved Coastal Development Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its third amendment to the permit; and, WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96 -15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 96 -16, and 96 -17, respectively, approving Revision "B" to the approved Ocean Trails project, including, but not limited to, modifying the approved alignment of Paseo del Mar ( "A" Street/ "J" Bluff Road), revising the Conditions of Approval regarding several public trails, and relocating the golf course clubhouse approximately 80 feet to the west of its previously approved location; and, WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its fourth amendment to the permit, subject to revised conditions of approval; and, WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96 -72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 96 -73, 96 -74, 96 -75, 96 -76 and 96 -77, respectively, approving Revision "C" to the approved Ocean Trails project, including, but not limited to, relocation of two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C ", revisions to the boundaries of open space Lots B, C, G and H, conversion the split -level lots in Vesting Tentative Tract Map No. 50667 to Resolution No. 2005 -63 Page 2 of 9 single -level lots, revisions to the golf course layout, revisions the public trail system, combination of parallel trails easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for compliance; and, WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution No. 97 -44 approving Revision "D" to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 162 (Residential Planned Development) to modify the minimum rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the proposed residences and the potential brush fires that may occur on the adjacent habitat area; and, WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98 -32 approving Revision "E" to the Ocean Trails project, which involved an amendment to Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course improvements; and, WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98 -59, approving Revision "F" to the Ocean Trails project, which involved, modifying the configuration of Streets "C" and "D" and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667 to accommodate the final location of the Foundation Setback Line, and a revision to Conditional Use Permit No. 162 (Residential Planned Development) to address maximum building height; and, WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 98 -76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the proposed Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking lot; and, WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99 -10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the proposed Revision "H" to the Ocean Trails project, which included: changing 6 of the residential lots within VTTM 50667 from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street'B' within the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the approval included the modification of the project's mitigation measures and conditions of approval to allow the permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays through March 21,1999; and, WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99 -29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision 661" to the Ocean Trails project, which included a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on -site canyons. Revision "I" only amended the drainage for the east side of the Ocean Trails project, involving La Rotonda Canyon; and, WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re- activated; and, WHEREAS, on July 20, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 99 -55 approving Addendum No. 9 to Environmental Impact Report No. 36 and the proposed Revision "J" to the Ocean Trails project, which included 1), the conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners; 2) withdrawn by applicant; 3), the timing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy; 4), delay the construction of two trails within VTTM 50666 from the Resolution No. 2005 -63 Page 3of9 Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5), lower the approved residential building pad elevations and create split -level pads in VTTM No. 50666; 6), delay the payment of traffic impact fees to prior to Final Map No. 50666; 7), allow an increase in total building area of the clubhouse by permitting a basement space; 8), withdrawn by applicant; and 9), revise the hours permitted for golf course landscape gardening; and, WHEREAS, on May 16, 2000, the City Council of the amity of Rancho Palos Verdes adopted Resolution No. 2000 -27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the proposed Revision "K" to the Ocean Trails project, which allowed a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2, 1999; and, WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2000 -38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact Report No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations, and the proposed Revision "L" to the Ocean Trails project, for the repair of Landslide C at Ocean Trails; and, WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved Revision M to the Ocean Trails Project, thereby approving an amendment to the Habitat Conservation Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement over the lower portion of Shoreline Park; and, WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes approved Revision N to the Ocean Trails Project, thereby approving a Mitigated Negative Declaration and amending the project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on -site canyons. Revision "N" only amended the drainage for the west side of the Ocean Trails project, involving Forrestal Canyon; and, WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision "P" to the Ocean Trails Project, thereby approving an amendment to allow Ocean Trails an extension of time to provide 4 on -site affordable housing units for rent from "prior to one year of the opening of the clubhouse" to "prior to the opening of the 18 -hole golf course "; and, WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved Revision Q to the Ocean Trails Project, thereby approving an amendment which allows Ocean Trails to re- construct (instead of re -pave) La Rotonda Drive from Palos Verdes South to the end of La Rotonda Drive, in lieu of re- paving Palos Verdes Drive South from La Rotonda Drive to the eastern City limits; and, WHEREAS, on September 4, 2001, the City Council of the City of Rancho Palos Verdes approved Revision "R" to the Ocean Trails Project, thereby revising the Conditions of Approval for VTTM No. 50666 and VTTM No. 50667, so as to adjust Condition 1 -3 allowing an extension to completing the reconstruction of La Rotonda Drive from Palos Verdes Drive South to its end; and, WHEREAS, on August 19, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "T" to the Ocean Trails Project, thereby approving an amendment to allow an expansion to the Clubhouse Building; and, WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse Building; and, WHEREAS, on April 20, 2004, the City Council of the City of Rancho Palos Verdes approved Revision "V" to the Ocean Trails Project, thereby allowing 1) basement areas of one -story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area Resolution No. 2005 -63 Page 4 of 9 be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; 2) permitting a change in the height of Lot #2 to allow for a subterranean garage; and 3) permitted construction of retaining walls and access to the proposed subterranean garage; and, WHEREAS, on September 24, 20049 VH Property Corp., submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "W" to the Ocean Trails project to revise the CUP No. 1629 CUP No. 163, VTTM50666, and Grading Permit No. 1541 to accommodate a new driving range in place of 16 residential lots within VTTM50666; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ( "CEQA'), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), on May 18, 2005, copies of the Mitigated Negative Declaration for Revision "W" were distributed to the City Council and prior to taking action on the proposed Revision "W" to the Trump National Golf Club (formally known as Ocean Trails), the City Council independently reviewed and considered the information and findings contained in said Mitigated Negative Declaration; and, WHEREAS, on June 7, 2005, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider a Mitigated Negative Declaration and the proposed Revision "W" to the Trump National Golf Club, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: This request, Revision "W ", is for: 1) a proposed new driving range; 2) a reduction of 16 residential lots in VTTM No. 50666; 3) adjustment to various lot lines within VTTM 50666; 4) the slight re- location of previously approved public trails; 5) a Driving Range Use Program; 6) approximately 180,000 cubic yards of grading (90,000 cubic yards of cut and 90,000 cubic yards of fill); 7) area drainage; 8) new walls and fences; 9) changes to existing open space lot areas; 10) permanent impacts to 0.04 acres and temporary impacts to 0.05 acres of coastal sage scrub habitat; 11) a total of 0.60 acres of additional coastal sage scrub planted and added to the adjacent Forrestal Canyon Preserve; and 12) a reduction in required setbacks for two lots, will all be located in areas of the subject property which were previously identified as part of the developed portion of the project. The following changes to the conditions of approval of CUP No. 162 for Revision "W" are as follows: Description of Revised Condition CUP No. 162 Change revision letter to revision "W" A -1 Tie all entitlements together A -2 Update for new Municipal Code Sections C -1, E -1 f, E -2d, L -2f, L -2h, M -3, N -3, P -3, S -55 U -1 Require Council review of future changes and extensions C -1, C -23% J -3 Change total # of units D -2, I -1 Change number of off -site affordable units from 4 to 2 D -3 Incorporate finding applicable to driving range E -5 Reference to decorative wire mesh fencing F -1 c 1, F -2, N -4 Apply mitigation measures from all environmental documents H -1 Identify approved site plan/ grading plan J -1 Change open s ace lot areas K -1 Change lot numbers P -1 c,d,e, R -3, S -1 Section 2: In considering the proposed revisions to the project, the City Council has determined that the preparation of a Mitigated Negative Declaration is appropriate for the following reasons; Resolution No. 2005 -63 Page 5 of 9 1. That subsequent changes proposed to the project do not require important revisions to the previous EIR, since there are no new significant environmental impacts that have been identified, which were not considered in the previous EIR. This, is evident through the visual /view analysis, which shows that there will be no additional impacts to views /visual characteristics and the safety analysis, which shows that the project as mitigated, will oot cause significant hazards to pedestrians and neighboring land uses. Additionally, Since there is no significant loss of habitat from this project revision, the revision is within the scope of the approved Habitat Conservation Plan (HCP) and is exempt from the 4d- permit process, there will be no significant impacts to habitat. 2. That substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken, which would require important revisions to the previous EIR, since, as noted in #1 above, there are no new significant environmental impacts that were not considered in the previous EIR, Supplements and previous Addenda thereto. 3. That there is no new information of substantial importance t* the project which indicates that the project will have one or more significant effects not discussed previously in the EIR; that significant effects previously examined will not be substantially more severe than shown in the EIR; that no mitigation measures or alternatives, previousiy found not to be feasible, would now in fact be feasible and would substantially reduce one or more significant effects of the project; or that no mitigation measures or alternatives which were not previously considered in the EIR, would now substantially lessen one or more significant effects of the environment. Therefore, based on the review of the Mitigated Negative Declaration prepared in association with'the proposed Revision "W" to the Trump National Golf Club, as conditioned, the City Council finds that the project still mitigates, or reduces to the extent feasible, significant adverse effects to adjacent properties or the permitted uses thereof. In approving the revised project, the City Council finds that social, recreational, and other benefits of the project continue to outweigh any unavoidable adverse environmental impacts that may occur and that due to overriding benefits and considerations, any unavoidable adverse environmental impacts of the project are acceptable. Accordingly, the City Council incorporated, by reference, the Final EIR No. 36, the Supplemental EIR, the second Supplemental EIR, Addenda Nos. 1, 21 3949 59 69 7189 92 10,119 12,139 14, 15, 16, and 17, and Resolution No. 92 -115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein). Section 3: Pursuant to Section 17.60.050 of the Development Code, in approving Revision "W" to Conditional Use Permit No. 162 the City Council finds as,follows: A. That the golf course and related uses, along with the changes per this Revision "W ", which includes a new driving range, are consistent with the General Plan and its objectives. The General Plan land use map designates almost the entire project site as residential, with a maximum density of one dwelling unit per acre, and shows the coastal bluffs as hazard areas. The General Plan provides for additional commercial recreational uses within the City as appropriate to a particular location, including golf, equestrian, tennis and other recreational activities, and designates the City's entire coastal area as a specific plan district. Additionally, that the project complies with the criteria set forth in the General Plan for the Natural, Socio /Cultural and Urban Overlay Control Districts on the site. As conditioned, the project preserves natural drainage courses and significant geologic, biologic and hydrologic features in compliance with the Natural Overlay Control District, protects areas that have significant historical, archeological or cultural importance in compliance with the Socio /Cultural District and preserves, protects and enhances public views and vistas in compliance with the Urban Overlay Control District. Resolution No. 2005 -63 Page 6 of 9 Further, the proposed change will not significantly change the maximum ridgeline height as originally approved, will remove 16 residential lots and will thus not cause any additional view impacts. This is consistent with General Plan Policy to "Enforce height controls to further lessen the possibility for view obstructions" (G.P. page 78). B. That the proposed golf course use and proposed driving range are consistent with the City's Development Code as a conditionally permitted use in any district when deemed to be necessary or desirable for the public convenience or welfare and when the use is not contrary to the General Plan or its objectives or contrary to the Coastal Specific Plan or its objectives and requirements. Public recreational uses, such as a golf course and driving range, are encouraged by policies of the Coastal Specific Plan and General Plan. A public golf course and driving range are necessary and desirable in that it will provide a cash surplus to the City, it will add to the views from adjacent properties and from Palos Verdes Drive South, it will permit expanded public access to the coast. Further, as current demand for golf tee times greatly exceeds supply for existing public golf courses on the Peninsula, many peninsula and City residents must travel great distances to golf. The City Council hereby finds that the proposed golf course is necessary and desirable for the public convenience and welfare and, as set forth in sections 2(A) above, it is not contrary to either the General Plan or the Coastal Specific Plan. C. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood because the proposed project is large enough and designed to ensure public safety, sufficient parking, minimal impacts upon habitat and public trails, and results in an increase of total open space. D. That the site is served by Palos Verdes Drive South that is an improved street designed to carry the type and quantity of traffic that would be generated by the proposed project. More specifically, the original EIR No. 36 for the proposed project identified the PM peak hour as the highest trip generation for the proposed golf course at 55 PM peak hour trips. The traffic study prepared for this proposed project, which includes the golf course and driving range, indicates that the highest trip generation will be the PM peak hour at 63 PM peak hour trips. As the proposed project also involves the reduction of 16 residential lots with an estimated 16 PM peak hour trips, the total estimated PM peak hour trips with the proposed project would be reduced from the estimated 63 PM peak hour trips to 47 PM peak hour trips (63 trips estimated for golf course and driving range - 16 trips reduced from loss of 16 residential homes = 47 total PM peak hour trips). As the proposed project will result in less trip generation then the project as currently entitled, there will be no significant adverse impacts to traffic and circulation. F. That given the site location, project design, and recommended conditions imposed through this permit and attached hereto as Exhibits "A" and "B ", including setbacks, heights, lighting, landscaping, fencing, hours of operation, and other recommended conditions, the proposed use will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger, or otherwise constitute a menace to the public health, safety, and welfare of persons in the surrounding area. Resolution No. 2005 -63 Page 7of9 G. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. In recommending approval, the City Council finds that the social, recreational, and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. The project provides visitor - serving uses in the coastal zone and, as a floating commercial use, the proposed golf course complies with permitted uses in the RS- 1/RPD and zone as shown in the Official Zoning Map, and with permitted single family residential uses as designated in the General Plan, and Coastal Specific Plan, while preserving and enhancing habitat areas and providing passive and active recreational uses with a bluff road, public parking, trails, and vista points that will provide public recreational opportunities and preserve public vistas. More specifically, the proposed 10 residential lots north and adjacent to the proposed driving range are located generally in the same location as 8 previously approved residential lots, with the exception that the proposed 10 lots are orientated in a direction more perpendicular to the direction of Palos Verdes Drive South and are smaller. Due to the revised lot orientation, in some cases the proposed pad elevation will be higher than the previously approved pad elevation, while in other cases it will be less than the height of the previous pad elevation. Regardless, all of the proposed maximum ridge height elevations for the proposed homes on the 10 lots will be less than the elevation of Palos Verdes Drive South directly north of the subject lot. More importantly, the proposed project will remove lots from the lower two tiers of the existing approved subdivision, which due to the angle of view, typically encroached into the ocean view more than the tier'of homes located closest to Palos Verdes Drive South. As such, removing the lower two tiers of homes actually frees up more ocean view than the previous proposal, even though some of the proposed residences will be slightly higher than the original approved project. As such, the potential for view impacts will be the same if not less than the current approved project. Further, the proposed berm and tee areas to be located along the southern and eastern edges of the driving range, which takes the place of 9 of the previously approved residential lots on the lowest tier, will change the grading configuration in this area of the project site. Although the height of the proposed berm will be less (in some cases up to 14') than the maximum ridge height elevation for 7 of the previously approved residential lots, the berm height is proposed to be higher (0.4' and 9.4') than the maximum ridge height elevation of 2 of the previously approved residential lots. While the proposed berm will be higher in a relatively small area, given the distance and angle of view, there will be no additional significant adverse impacts to scenic views as a result of the proposed project. Additionally, the proposed project will not significantly impact or degrade the existing visual character or quality of the site and its surroundings, as it would actually improve the visual character by replacing 16 single - family residential lots and 2 public access streets with open area to be used by the driving range. Section 4: The mitigation measures contained in the Mitigation Monitoring Programs contained in Resolution No. 96 -72, Resolution No. 2000 -38, Resolution No. 2000 -58, and Resolution No. 2005 -62, as adopted by the City Council on September 3, 1996, June 21, 2000, September 5, 2000, and June 7, 2005, respectively, are hereby incorporated by reference into the Conditions of Approval for the revisions to Conditional Use Permit No. 162. Section 5: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 6: For the forgoing reasons, and based on information and findings contained in the public record, including staff reports, minutes, records of proceedings, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby approves Revision "W" for Conditional Use Permit No. 162 Resolution No. 2005 -63 Page 8of9 PASSED, APPROVED, and ADOPTED this 7th day of June 2005. Mayor Attest: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005 -63 was duly and regularly passed and adopted by the said City Council at a regular meeting held on June 7, 2005. Resolution No. 2005 -63 Page 9 of 9 EXHIBIT "A" RESOLUTION NO. 2005-63 CONDITIONAL USE PERMIT NO. 162 -REVISION "W" CONDITIONS OF APPROVAL FOR A RESIDENTIAL PLANNED DEVELOPMENT GENERAL CONDITIONS A. DEVELOPER AGREEMENT 1. Within thirty(30)days of approval of Revision "W"to the Conditional Use Permit,the developers shall submit, in writing, a statement that they have read, understand and agree to all of the conditions of approval contained in this exhibit. 2. Approval of the revisions to Conditional Use Permit No. 162 is subject to the approval of revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditional Use Permit No. 163 and Grading Permit No. 1541. 3. In compliance with Fish and Game Code Section 711.4, the developer shall submit to the City a cashier's check payable to the Los Angeles County Clerk in the amount of$850.00 for a filing fee and a cashier's check in the amount of$25.00 for a documentary handling fee within 48 hours of City approval of these permits. The developer shall also pay any fine imposed by the Department of Fish and Game, if required. 4. This approval is conditioned upon the applicant entering into an agreement with the City of Rancho Palos Verdes within twenty(20)days of the date of this approval, subject to approval by the City Attorney, to indemnify and defend the City against all damages, claims,judgments, and litigation costs, including,without limitation, attorney's fees awarded to a prevailing party, arising from the approval of the project and all issues related thereto. 5. Prior to the approval of the Final Map for Vesting Tentative Tract No. 50666, the developer shall submit for review and approval by the City Council, a revision to Conditional Use Permit No. 162 that improves views by reducing some of the ridge heights within Vesting Tentative Tract No. 50666. Revision options available to the developer may include, but are not limited to, lowering pad elevations, lowering the maximum building height, creating two-story split level pads which may result in increasing lot size and buildable area, revising setbacks, or other methods. B. COMPLETION PER APPROVED PLANS 1. The developer shall designate appropriate workable phases (portions of the development to include adjoining clusters of lots, their streets of access, finish grading phases, supporting off-site improvements and on-site drainage and utility improvements)that shall be approved by the Director of Planning, Building and Code Enforcement and the Director of Public Works prior to issuance of grading permits. 2. Any workable phase not under construction which has been scarified through grading operations shall be irrigated and landscaped. Temporary irrigation lines may be approved by the Director of Planning, Building and Code Enforcement. Resolution No.2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 1 of 15 3. Prior to the issuance of grading permits, the developer shall post a bond, cash deposit, or other City-approved security to guarantee substantial vegetative cover and maintenance of all finish graded lots which have not been sold for development. 4. No building permits shall be issued prior to finish grading within the workable phase of the site in which each lot is located and until the Director of Planning, Building and Code Enforcement has determined that all drainage facilities and common area and off-site improvements in the workable phase of the site and necessary for development of the phase in the approved construction plan and as depicted in the approved construction plan in which the lots or structures are located are completed, to the extent that the lots or structures are accessible and able to support development. 5. All lots within each approved workable phase of the tract shall be graded concurrently. C. PERMIT EXPIRATION AND COMPLETION DEADLINE 1. Pursuant to Development Code Section 17.86.070 (formally 17.67.090), this permit shall expire within twenty four(24) months from the date that the Coastal Permit associated with this Conditional Use Permit is approved by the last responsible agency, unless grading permits for the lots within each Vesting Tentative Tract Map have been applied for and are being diligently pursued. Extensions of up to one (1)year each may be granted by the City Council, if requested in writing prior to expiration. 2. If finished grading and construction of the streets and utilities have not been completed and accepted within two(2)years from the date of recordation of each Final Map, Conditional Use Permit No. 162 shall expire and be of no further effect, unless, prior to expiration, a written request for extension pursuant to Section 17.56.080 of the City's Development Code is filed with the Department of Planning, Building and Code Enforcement and is granted by the City Council. Otherwise, a new Conditional Use Permit must be approved prior to further development of the tracts. D. AFFORDABLE HOUSING 1. The developer shall provide a minimum of four(4)dwelling units on-site as rental housing,which shall be affordable to very low to low income households. These units shall be provided on-site in conjunction with development of the golf course. Each unit shall contain at least 850 square foot of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided for each unit. The units shall be available for rent prior to the opening of the 18-hole golf course. A covenant which guarantees that the affordable units shall not revert to market rate for a minimum period of thirty years shall be recorded no later than the date of recordation of the final map. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low income levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment(if employed). 2. The total number of on-site market-rate dwelling units shall be limited to one dwelling unit per buildable acre of land. However, as an incentive to the developer to provide affordable housing, the four(4)affordable dwelling units to be provided on-site, pursuant to Condition No. D.1 above, shall be allowed to exceed the one dwelling unit per buildable acre maximum. However, in no event shall more than 63 units (both market-rate and affordable)be constructed on the total project site,which includes Vesting Tentative Tract Map Nos. 50666 and 50667. 3. The developer shall provide a minimum of two (2)dwelling units off-site as rental housing,which shall be affordable to very low to low income households. The off-site units shall be located in the City, either within the City's coastal zone or within three miles thereof, and shall not already be designated for or used by persons or families of very low to moderate income levels. The units shall contain at least 850 square feet of habitable space and two bedrooms. The units shall be available for rent Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 2 of 15 within 30 days after the issuance of the Department of Real Estate's"White Report"for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the"White Report". The units shall remain affordable to very low to low income households for a period of at least thirty years after initial occupancy at the affordable rate. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment(if employed). E. LANDSCAPING 1. Prior to issuance of grading permits, the developer shall submit a preliminary landscape plan to the Director of Planning, Building and Code Enforcement for review and approval of all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails,which shall include the following: a. A minimum of eighty percent(80%)drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected and so that solar access to all dwelling units is protected. c. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height. d. The re-seeding and re-establishment of natural plant species for all of the disturbed common open space areas. Said plan shall include site specific and non-invasive species, and shall be reviewed and commented on by the project biologist and interested parties, and shall be subject to the approval of the Director of Planning, Building and Code Enforcement. e. Landscaping and irrigation plans for all rough graded surfaces which have been scarified through grading operations. f. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility(Section 17.48.070 (formally 17.42.060)), as identified in the Development Code. 2. Prior to recordation of the Final Map, the developer shall submit a final landscape and irrigation plan to the Director of Planning, Building and Code Enforcement for review and approval of all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails. The final landscape and irrigation plan shall conform to the California State Model Water Efficient Landscape Ordinance (per State Assembly Bill 325)and shall include the following: a. A minimum of eighty percent(80%)drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected and so that solar access to all dwelling units is protected. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 3 of 15 c. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height. d. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility(Section 17.48.070 (formally 17.42.060)), as identified in the Development Code. e. Irrigation systems shall utilize drip and bubbler systems wherever possible. Controlled spray systems may be used where drip or bubbler systems are not appropriate. All sprinkler heads shall be adjusted to avoid over-spray. f. All high water use areas shall be irrigated separately from drought tolerant areas. g. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. 3. Within 30 days after Final Map approval, or before sale of any individual lot,whichever occurs first, the developer shall submit to the City a Covenant to Maintain Property to protect views for each lot. All fees associated with recording said covenants shall be paid by the developer. 4. With the exception of irrigation lines that have been reviewed and approved by the City Geologist for installation and operation, prior to installation of any additional irrigation lines on any portion of the Ocean Trails property, the City Council shall have approved the Ocean Trails Water Control Plan to ensure that the installation and operation of said irrigation lines will not contribute water to • any known landslide area, cause any significant erosion or other potentially hazardous conditions. 5. All proposed irrigation within the Ocean Trails project,which includes, but is not limited to, all irrigation for the golf course, driving range, parks, open space lots and private residential lots, shall be subject to the standards of the Ocean Trails Water Control Plan as reviewed and approved by the City Council, and other than the golf course, shall be consistent with City of Rancho Palos Verdes Municipal Code Section No. 15.34, "Water Conservation in Landscaping". With the exception of private residential lots which have been sold to an individual purchaser,the developer or any subsequent owner of the golf course(hereinafter"developer") shall be responsible for submitting an audit report every 60 days for review and approval by the Director of Planning, Building and Code Enforcement, which details the project's compliance with the Ocean Trails Water Control Plan and consistency,where applicable,with Municipal Code Section No. 15.34. If it is determined by the Director of Planning, Building and Code Enforcement, that any irrigation is not in compliance with either the Ocean Trails Water Control Plan or Municipal Code Section 15.34, or is causing any impacts to the project site, the developer shall be required to halt all irrigation in the subject area until any such problem has been remedied to the satisfaction of the Director of Planning, Building and Code Enforcement. F. TRACT FENCING PLANS 1. A complete project fencing plan for each tract included in this approval (including public trails, habitat areas,warning signage, and proposed fence and wall details)shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of grading permits or recordation of the Final Map,whichever occurs first. With the exception of the decorative fence for all private residential lots as noted in sub-section c and d below, it shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. In regards to the decorative fence for all private residential lots as noted in sub-section c and d below, the developer shall install said fencing prior to the issuance of a certificate of use and occupancy for each specific lot. Said fencing shall incorporate the following: a. A 42 inch high pipe rail fence of suitable design shall be placed along the length of the bluff top...(no changes to this sub-section) b. A protective fence around the California gnatcatcher habitat areas and around all wildlife Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 4 of 15 corridors...(no changes to this sub-section) c. Vesting Tentative Tract Map No. 50666 1) A decorative fence, minimum height five (5)feet and maximum height six(6)feet, which allows a minimum of 90% light and air to pass through shall be required along all street side setbacks and within all rear setback areas (along the rear and side property lines)of all private residential lots. If not specifically addressed above, said fencing shall be required along all property lines directly abutting common open space lots. Said fencing shall meet the minimum standard design requirements of pool fencing. Fencing located between the residential lots and the driving range shall be a maximum 6'-0"high decorative wire mesh link with links small enough to ensure that golf balls from the driving range will not penetrate said fence. Any change to these criteria must be approved by the Director of Planning, Building and Code Enforcement. In addition, a solid wall, minimum height five (5)feet and maximum height six(6)feet, shall be required along the west side property line to buffer the public trails in this area from the adjacent residences in the Portuguese Bend Club. The final location, length and configuration of this solid wall shall be reviewed and approved by the City Council prior to the commencement of grading within the phase of the project adjacent to the Portuguese Bend Club. d. Vesting Tentative Tract Map No. 50667 1) Except for Lot Nos. 20 through 23, a decorative, minimum height five(5)feet, maximum height six(6)feet fence which allows a minimum of 90% light and air to pass through shall be required along all street side setbacks and within all rear setback areas (along the rear and side property lines). Said fencing shall also be required along the western side property line of Lot Nos. 34 and 35. If not specifically addressed above, said fencing shall be required for all property lines directly abutting common open space lots or the golf course. Said fencing shall meet the minimum standard design requirements of pool fencing. Any change to these criteria must be approved by the Director of Planning, Building and Code Enforcement. 2) A decorative, uniform wall or fence shall be required along the rear property lines of Lot Nos. 20 through 23. 2. Chain link or other wire fencing is prohibited on any portion of any lot within the project, except as otherwise required by the project biologist for habitat protection or as required through Condition F-1.c.1). 3. Within the front and street side setback areas, fences,walls, or hedges up to a maximum of twenty four(24) inches in height shall be permitted. G. TRAILS PLAN IMPLEMENTATION/PUBLIC AMENITIES PLAN 1. Prior to issuance of any grading permit, or prior to recordation of any Final Map,whichever occurs first, the developer shall submit a detailed Public Amenities Plan, including signage, specific design standards and placement for all trails, vista points and parking facilities, and other amenities consistent with the Conceptual Trails Plan, subject to the review of the Recreation and Parks Committee, the Directors of Planning, Building and Code Enforcement, Public Works and Parks and Recreation, and approval by the City Council. The Public Amenities Plan shall be in substantial conformance with the program submitted by the developers and described in the "Ocean Trails Conceptual Public Amenities and Coastal Access Program, Rancho Palos Verdes Subregion 7", dated July 1994. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 5 of 15 2. The existing remnant from the World War II facilities located at Halfway Point Park shall be preserved as part of the Public Amenities Plan. A plaque commemorating the facility and describing its use shall be placed at the location. 3. Dedication of the public trails and open space lots shall occur at the time any Final Map is recorded. 4. Construction of the public trails and improvements required in the Public Amenities Plan shall be the obligation of the developer. Construction shall coincide with the project grading activity for each approved workable phase within each tract and shall be completed upon acceptance of street improvements within each tract. H. MITIGATION MEASURES 1. The development shall comply with all mitigation measures of Environmental Impact Report No. 36, Supplements thereto, and project certified Mitigated Negative Declarations. Where more restrictive language appears in these conditions of approval,the more restrictive language shall control. 2. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the Developer. II. DEVELOPMENT OF INDIVIDUAL LOTS I. NUMBER OF RESIDENTIAL UNITS 1. In addition to the four on-site affordable housing units required in Condition D.1, no more than twenty-three (23)single family residential units shall be permitted in Tract No. 50666 and no more than thirty six(36)single family residential units shall be permitted in Tract 50667. 2. Prior to the issuance of any building or grading permits for the construction of any single-family residence within Tract No. 50667 or opening of the 18-hole golf course,whichever occurs first, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots of Tract 50667 which are to be accepted by the City. 3. Prior to the final map of Tract No. 50666, the Developer shall enter into an agreement with the City,which is satisfactory to the City Attorney,whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots of Tract 50666 which are to be accepted by the City. J. PROJECT DESIGN 1. Prior to the issuance of grading permits, a final project site plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval, identifying the location of all lots, streets and other lot improvements including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on Vesting Tentative Tract Map Nos. 50666 dated as revised on July 31, 1996, "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No. 50666", dated February 2, 2005 and Vesting Tentative Tract Map No. 50667, dated as revised on June 19, 1996. 2. All single family residential development shall conform to the specific standards contained in this permit or, if not addressed herein, the RS-1 (RPD)development standards of the Development Code shall apply. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 6 of 15 3. Any significant changes in the development characteristics of the Residential Planned Development, including but not limited to the number of dwelling units, street and lot configuration or modifications to the finished contours, shall require that an application for a major revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification and any items reasonably related to the request, and shall be subject to approval by the City Council. Before any minor changes are made to the Residential Planned Development, the Director of Planning, Building and Code Enforcement shall report to the City Council a determination of significance. 4. Developers of individual properties shall participate in any Design Review Committee("DRC")or similar body processes in place at the City at the time development and/or construction plans for each individual residence are submitted to the City for review. 5. No grading or construction of permanent structures on any individual lot shall be allowed closer than twenty-five (25)feet to the Coastal Setback Zone. K. COMMON OPEN SPACE BONDS 1. A minimum of 30% of the acreage of each residential Tract No. 50666 and No. 50667, exclusive of the golf course area, shall remain as common open space. In Tract No. 50666,the lots considered for the purpose of calculating the minimum required common open space are: Lot A (West Vista Park)at 1.5 acres in size; Lot B (Forrestal Canyon)at 5.8 acres in size; Lot D (Portuguese Bend Fire Break)at 1.4 acres in size; Lot C (Forrestal Canyon Fire Break)at 1.7 acres in size; and, Lot J (Palos Verdes Drive South Frontage)at 2.4 acres. In Tract No. 50667, the lots considered for the purpose of calculating the minimum required common open space are: Lot A(La Rotonda Drive Frontage)at 0.5 acres in size; Lot B(Palos Verdes Drive South Frontage)at 3.1 acres in size; Lot C (La Rotonda Canyon)at 4.5 acres in size; Lot D (East Vista Park)at 1.2 acres in size; and, Lot H (East Bluff Preserve Fire Break)at 5.0 acres in size. 2. Prior to recordation of each Final Map or issuance of the grading permit,whichever occurs first, the developer shall post a bond, cash deposit, or other City-approved security to ensure the completion of all common area improvements including: rough grading, landscaping, irrigation, public trails, drainage facilities, and other site features as per approved plans. L. CC&Rs 1. Prior to approval of the final map, copies of Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the Director of Planning, Building and Code Enforcement and the City Attorney for review and approval. Said CC&R's shall reflect standards provided in Chapter 17.14 (Homeowners'Association)of the Development Code, including those items identified herein, and any applicable conditions of Vesting Tentative Tract Map Nos. 50666 and 50667. 2. All necessary legal agreements and documents, including Homeowners'Association, deed restrictions, covenants, dedication of common open space and development rights, public easements, and proposed methods of maintenance and perpetuation of all common open space, on-site drainage facilities and any other hydrological improvements shall be submitted and approved by the City Attorney and the Director of Planning, Building and Code Enforcement prior to approval of each Final Map. Said CC&R's shall include, but not be limited to, the following provisions: a. All provisions required by Section 17.14 (Homeowners'Association)of the City's Development Code. b. Membership in the Homeowners'Association shall be inseparable from ownership in the individual lots. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 7 of 15 c. The"Development Standards and Design Guidelines"for the project which identifies all materials which affect structure appearance and use restrictions, including but not limited to architectural controls, structure and roof materials, exterior finishes,walls/fences, exterior lighting, and the standards of development contained in subsections M through V of this document(Grading, Development Plans for Construction of Individual Residences, Private Lot Open Space, Setbacks, Minimum Open Space Requirements of Individual Residences, Building Facades and Rooflines, Heights, Lighting, and Appliances). A copy of the"Development Standards and Design Guidelines shall be provided by the developer and/or Homeowners'Association to each individual landowner upon purchase of any lot or residence. d. All future residential structures, accessory structures, improvements, and/or landscaping shall be subject to review by the Director of Planning, Building and Code Enforcement and/or"DRC"as described below in Condition N.1 and construction and installations of said structures and improvements shall conform to the City-approved plans. e. Dedicate to the City the right to prohibit construction of residential structures on slopes greater than a 3:1 gradient. f. Exterior residential lighting shall be limited to the standards of Environmental Protection set forth in Section 17.56 (formally 17.54) of the City Development Code. g. Lot coverage, setback, height and private open space shall comply with the requirements for each residential structure as detailed in these Conditions of Approval. h. Requirements for solar installations shall conform to the Development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.48.060 (formally 17.57)of the Development Code. All landscaping (including parkway trees)shall be selected and maintained so that no trees or group of trees obstructs views from the public right-of-way or adjacent properties consistent with City Council policy regarding street trees. j. No landscaping or accessory structure shall block or significantly obstruct solar access to any lot. Disposal of cuttings of non-native invasive plant species or any ornamental plant species shall be prohibited in common and public open space areas. n. Identification of all public trail easements for pedestrian and bicycle use. The CC&R's shall also prohibit individually owned structures, accessory structures, fences,walls, hedges, landscaping or any other such obstacle within said trail easements without the written approval from the City Council of the City of Rancho Palos Verdes. o. The CC&Rs shall prohibit individual landowners from encroaching into the public right-of- way. The CC&Rs shall specify that all costs incurred to remove hardscape/landscape improvements installed by a landowner in violation of the CC&Rs within the public right-of- way shall be borne by the landowner. At the time improvement plans for an individual residence are submitted to the Homeowner's Association (as required in Condition No. N.7 and the City of Rancho Palos Verdes (as required in Condition No. N.1)for review, the homeowner shall sign a disclosure stating that it is understood that encroachments into the public right-of-way are prohibited and all unlawful improvements constructed within the public right-of-way shall be removed solely at the landowner's expense. This requirement does not apply to mailboxes, provided that the mail boxes do not exceed the minimum requirements of the United States Postal Service. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 8 of 15 p. The requirements of Condition No. E.5. and N.8. of Conditional Use Permit No. 162 shall be incorporated into the CC&R's for Tract Nos. 50666 and 50667 subject to review and approval by the City Attorney and the Director of Planning, Building and Code Enforcement. 3. Within thirty(30)days following recordation of the CC&R's, the developer shall submit a recorded copy of the document to the Director of Planning, Building and Code Enforcement. M. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Remedial grading, consisting of over-excavation and recompaction for geologic stability which will not alter the contours shown on the approved tract grading plan shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. In addition, grading of up to 1,000 cubic yards for residential use of an individual lot shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. Grading in excess of 1,000 cubic yards, or grading to alter the finished pad elevations shall require approval by the Planning Commission. 2. No construction and/or grading on individual lots, shall be permitted on 3:1 or greater slopes. 3. All retaining walls shall be subject to review and approval by the Director of Planning, Building and Code Enforcement with subsequent reporting to the Planning Commission, if required,for review and approval pursuant to Section 17.76.040 (formally 17.50)of the City Development Code. 4. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907-i. 5. All residential building pad elevations shall substantially conform to the final grading plan for the Final Map in which the lot is located, as approved by the Director of Planning, Building and Code Enforcement. Future landowners are prohibited from raising or lowering the approved building pad elevations, except for excavations to accommodate completely subterranean areas (such as basements,wine cellars and storage areas), as provided for by the Development Code. Within 30 days after Final Map approval, or before sale of any individual lot,whichever occurs first, the developer shall submit to the City a"Covenant to Control Building Pad Elevation"for each residential lot, according to the pad elevations specified on the approved final grading plan. All fees associated with recording said covenants shall be paid by the developer. N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Prior to issuance of any grading or construction permits for individual lots subsequent to the completion of finished pads, final improvement plans for the particular lot and structure shall be submitted to the Director of Planning, Building and Code Enforcement and/or Design Review Committee ("DRC")or similar body as described below in Condition N.5 for review and approval. Said plans shall include, but are not limited to, plot plan, section and elevation drawings,floor plan, grading and exterior lighting plan. The plot plan shall clearly show existing and proposed topography, all proposed structures, all easements and setbacks. The section and elevation drawings shall clearly indicate maximum proposed height and ridge elevation for all structures, fences, walls, accessory structures, and equipment. 2. Unless otherwise specified in these conditions of approval, all structures and development on individual lots shall comply with RS-1 (RPD)development standards. 3. All fencing along interior side and front property lines, if not otherwise addressed in Sections F.1, F.2, and F.3 above, shall conform with Section 17.76.030 (formally 17.42)of the Rancho Palos Verdes Development Code. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 9 of 15 4. Chain link or other wire fence is prohibited on any portion of any lot, except as otherwise required by project biologist for habitat protection or through Condition F-1.c.1). 5. Developer's of individual properties shall participate in any Design Review Committee("DRC")or similar body processes in place at the City at the time development and construction plans for each individual residence are submitted. 6. Development and construction plans for each individual residence shall comply with the standards and conditions set forth in the"Development Standards and Design Guidelines"for the tract and shall be incorporated within the CC&R's for each tract and attached hereto by reference as Exhibit "B"and hereby included as a condition of approval. The final version of the"Development Standards and Design Guidelines"shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to the recordation of the CC&Rs. Requests for approval of individual residences shall be reviewed for compliance with said conditions and"Development Standards and Design Guidelines"by the Director of Planning, Building and Code Enforcement and/or any Design Review Committee("DRC") in place at the time development applications for individual residences are submitted. 7. Upon submittal of proposed development and construction plans for each individual residence to the Director of Planning, Building and Code Enforcement as described above in Condition N.1, individual property owners shall provide written approval of the proposed development obtained from the established Homeowner's Association or any Homeowner's Association Architectural Committee. 8. Landscape planting and irrigation plans for each residential lot within Tract No. 50666 and Tract No. 50667 shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to installation of any irrigation system. Further, it shall be the responsibility of each Owner to landscape, irrigate and maintain the front and rear yard areas of their Lot in a clean and attractive condition. Each Owner shall install the front yard landscaping within 120 days of such Owner's initial occupancy of the dwelling located on the Lot. The rear yard landscaping shall be installed within 180 days of such Owner's initial occupation of the dwelling located on the Lot. The developer shall be responsible for keeping the City up to date on the status of each individual lot landscape plan. This shall take the form of a table that lists all of the lots, their date of building permit issuance, date of close of escrow, and the maximum deadline to submit a landscape plan based upon building permit or close of escrow. The developer shall be responsible for submitting an updated table each time a building final is issued and at close of escrow. Landscape and irrigation plans shall be consistent with the standards of the Ocean Trails Water Control Plan. Furthermore, notwithstanding any exemption contained in Chapter 15.34, any single-family lot within Tract No. 50666 or No. 50667 shall comply with Chapter 15.34 with respect to irrigation and drought tolerant plantings as determined by the Director of Planning, Building and Code Enforcement. O. PRIVATE LOT OPEN SPACE 1. Each residential lot shall provide a private outdoor living area in an amount not less than four hundred (400)square feet for each bedroom in the unit. This area shall be adjacent to and provide a private, usable area for each dwelling unit. P. SETBACKS, 1. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50666: a. The minimum front yard setback for all structures on an individual lot shall be thirty-five (35)feet. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 10 of 15 b. The minimum street side setback on all lots shall be twenty(20)feet. c. On lots with a minimum lot size less than 20,000 square feet(Lot Nos. 14 through 23), the minimum interior side yard setback shall be ten (10)feet on one side, with a minimum total of thirty(30)feet on both sides. d. On lots with a minimum lot size between 20,000 and 24,999 square feet(Lots Nos. 1, 2, 6, and 13), the minimum interior side yard setback shall be fifteen (15)feet on one side, with a minimum total of thirty five (35)feet on both sides. e. On lots with a minimum lot size of 25,000 or greater(Lot Nos. 3 through 5, and 7 through 12), the minimum interior side yard setback shall be fifteen (15)feet on one side,with a minimum total of forty(40)feet on both sides. f. The minimum rear yard setback for all structures on an individual lot shall be thirty-five (35)feet, with the exception of Lot#22,which may have a rear yard setback of thirty(30) feet. 2. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50667: a. Except for Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be thirty-five (35)feet. On Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be twenty-five (25)feet. b. The minimum street side setback on all lots shall be twenty(20)feet. c. On lots with a minimum lot size less than 20,000 square feet(Lot Nos. 2-16, 18, 19, 22, 23, 29, 30, 33, 34 and 36), the minimum interior side yard setback shall be ten (10)feet on one side,with a minimum total of thirty(30)feet on both sides. d. On lots with a minimum lot size between 20,000 and 24,999 square feet(Lot Nos. 20, 21, 24, 26-28, 31, 32 and 35), the minimum interior side yard setback shall be fifteen (15)feet on one side,with a minimum total of thirty five (35)feet on both sides. e. On lots with a minimum lot size of 25,000 (Lot Nos. 1, 17 and 25), the minimum interior side yard setback shall be fifteen (15)feet on one side,with a minimum total of forty(40) feet on both sides. f. Except for Lot Nos. 7 through 16, 18, 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be thirty-five (35)feet. On Lot Nos. 11 through 16, 18, 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be twenty-five (25)feet. On Lot Nos. 6, 7 and 8 the minimum fuel modification zone/rear yard setback for all structures on an individual lot shall be fifty(50) feet. However, the fuel modification zone/rear yard setback on Lot Nos. 6, 7 and 8 may be reduced at the time that individual residences are proposed on these lots, provided that alternative fire suppression systems and/or building techniques are incorporated into the design of the residence, such as water sprinkler systems, fire walls, fire retardant materials, etc.,to the satisfaction of the Los Angeles County Fire Department and City Building Official. If the fuel modification zone setback is reduced through this subsequent approval, the rear yard setback on Lot Nos. 6, 7 and 8 shall not be less than 25 feet. On Lot Nos. 9 and 10, the minimum rear yard setback shall be the foundation setback line shown on the approved final Phase I Grading Plan. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 11 of 15 3. Any other architectural features or appurtenances shall conform to Section 17.48.030 (E)(formally 17.40.030 (E)of the Rancho Palos Verdes Development Code. 4. Except for driveways,walkways and parking areas, all of the required front and street-side setback areas shall be landscaped. Driveways,walkways, and parking areas shall not cover more than fifty(50) percent of the required front or street side setback areas. "Turf-block"or landscaped areas that are designed to be driven or parked over(such as grass strips between paved strips)shall be counted as a driveway or parking area for the purpose of calculating landscaping in the front or street side setback area. 5. Except as described below in Condition P.6, no minor or accessory structures, including but not limited to pool equipment and trash enclosures, shall be permitted within any required setback area. 6. Trash enclosures and other minor equipment may be permitted within any interior side yard setback area adjacent to the structure, subject to review and approval of a Minor Exception Permit. Q. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES 1. The minimum open space requirement for all lots shall not be less than 60 percent of the lot. Lot coverage shall include the building footprint, driveway and parking area, covered patios, covered walkways, and other accessory structures. 2. 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Lot areas are based on the depiction shown on recorded Final Map No.50667. Any changes to the lot areas noted above,shall require a Revision to CUP No. 162 to modify the table above. 2. Total Maximum Habitable Area includes the living area of all structures,and does not include garage, access,driveways,hardscape,and non-habitable basements per the Building Code. 3. No structure on any residential lot(s)shall exceed a maximum of 10,000 square feet. 4. All subterranean basement areas shall be within the boundaries of the building footprint above. 5. There shall be no changes to the approved pad elevations as a result of the construction of basements. 3. The following limitations apply to Maximum Habitable Area of each lot within Tract No. 50666: 1. Total Maximum Habitable Area of each structure shall not exceed 30% of the Lot Area as depicted on the final recorded map of Tract No. 50666. 2. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code. 3. No structure on any residential lot(s)shall exceed a maximum of 10,000 square feet. 4. All subterranean basement areas shall be within the boundaries of the building footprint above. 5. There shall be no changes to the approved pad elevations as a result of the installation of basements. 4. Requests to modify the permitted habitable square footage per lot size category are subject to a Revision to Conditional Use Permit No. 162. R. BUILDING FACADES AND ROOFLINES 1. In order to avoid solid, two story facades on any structure, no unbroken, vertical two-story facades shall be allowed on the front and rear elevations of the residences. The upper level shall be a minimum of twenty(20) percent smaller than the footprint of the structure. In no case should the setback area on the upper level be less than six(6)feet. This area shall be setback from the lower level on both the front and rear elevation of each structure. The setback may only be used as a roof area or an uncovered deck or balcony. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 13 of 15 2. The roof of the main structure on each residence shall have a pitch of at least 2 in 12, except where it is necessary to have small areas with less pitch in order to comply with Building Code criteria. 3. On Lot Nos. 13 through 23 within Vesting Tentative Tract No. 50666, the main ridge of the structure shall be parallel to the side property line and generally perpendicular to Palos Verdes Drive South. 4. On Lot Nos. 24, 25, 35 and 36 within Vesting Tentative Tract No. 50667, the main ridge of the structure shall be perpendicular to Palos Verdes Drive South. 5. Roofing materials shall be Class A and non-combustible. S. HEIGHTS 1. For the purposes of identifying lot types and approved heights for all primary structures within Vesting Tentative Tract map No. 50666, Lot 1, and Lot Nos. 9 through 13, are designated as Lot Type A. Lot Nos. 2 through 8 are designated Lot Type C. Lot Nos. 14 through 23 are designated as Lot Type D. 2. For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 4 through 13, 24 and 25 are designated as Lot Type A. Lot Nos. 1 and 3 are designated Lot Type B. Lot Nos. 14 through 17 and 26 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos. 22 and 23 are designated Lot Type E. Lot No. 2 is designated Lot Type F. 3. Building heights for all residential structures are limited as follows: Lot Type A: 16 feet Lot Type B: 15 feet Lot Type C: 26 feet Lot Type D: 16 feet from upper pad, and 26 feet from lower pad Lot Type E: 21 feet from upper pad, and 26 feet from lower pad Lot Type F: 15 feet from pad of the one-story structure, and 25.3'from the entry to a subterranean garage provided that the ridge height does not exceed 15'from the pad of the one-story structure. 4. All heights shall be measured pursuant to Section 17.02.040 of the Development Code (View Preservation and Restoration Ordinance). 5. The height of all accessory structures shall conform to Section 17.48.050(D) (formally 17.40.050(C))of the Rancho Palos Verdes Development Code. 6. The subsequent submittal of a Conditional Use Permit Revision to increase the maximum building heights to exceed those specified in Condition S.3 above shall be prohibited. Within 30 days after Final Map approval, or before sale of any individual lot,whichever occurs first, the developer shall submit to the City a"Covenant to Limit Maximum Building Height"for each residential lot, according to the height limits specified in Condition S.3. All fees associated with recording said covenants shall be paid by the developer. T. SOLAR SYSTEM 1. All dwelling units shall be designed and constructed so that the plumbing and circulation system will allow utilization of solar energy as part of the hybrid system for providing hot water. Solar panels shall not exceed the ridge line of the structure on which they are placed. Resolution No. 2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 14 of 15 2. All proposed solar installation shall be reviewed by the Director of Planning, Building and Code Enforcement for consistency with the provisions of the Development Code. U. LIGHTING 1. Exterior residential lighting shall be limited to the standards of Section 17.56.030 (formally 17.51.030)of the Development Code. 2. A typical residential unit lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to issuance of building permits, and there shall be no direct off-site illumination from any light source. V. APPLIANCES 1. All units shall be required to install and maintain in proper working order an electronic garage door opener for each garage door. 2. All units shall be required to install and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads. Resolution No.2005-63 Exhibit"A": Conditional Use Permit No. 162 Page 15 of 15