CC RES 2004-029RESOLUTION NO. 2004 -29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
APPROVING A REVISION TO CONDITIONAL USE PERMIT NO. 163 FOR AN 18 HOLE
GOLF COURSE IN CONJUNCTION WITH REVISION "V" TO THE OCEAN TRAILS
PROJECT LOCATED IN COASTAL SUBREGION 7 AND 8.
WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes
Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps,
conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential
Planned Development of 120 single family dwelling units and for development of an 18 -hole golf course, a
clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north,
Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los
Angeles County Shoreline Park on the east; and,
WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45 days
from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the
document from responsible agencies and the public; and,
WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation
of written responses, the applicant revised the scope of the project and reduced the number of proposed
single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative
Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting
Tentative Tract Maps, and, due to the changes in the project, an Addendum to the Draft Environmental Impact
Report (ADEIR) was prepared; and,
WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City
determined that the information submitted in the AEIR cited potential additional significant environmental
impacts that would be caused by the revised project, and directed preparation of a Supplemental
Environmental Impact Report (SEIR). The SEIR, which incorporates information and findings set forth in the
Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19,
1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and
invited to present written comments to the information contained in the SEIR, in conformance with the
requirements of the California Environmental Quality Act; and,
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution
No. 92 -53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92 -54, 92 -55, 92 -56
and 92 -57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map
Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and Grading
Permit No. 1541 for a Residential Planned Development consisting of a total of eighty -three (83) single family
dwelling units, an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos.
7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project
raised a substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the
landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and
remanded the project back to the City of Rancho Palos Verdes for reconsideration; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 92 -115 approving the Addendum to Environmental Impact Report No. 36 and adopted
Resolution Nos. 92 -116, 92 -117, 92 -118 and 92 -119 approving Revisions to Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163,
Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal
Commission with regard to adequate provisions for public open space, public access and habitat preservation;
and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development
Permit No. A- 5- RPV -93 -5 (i.e. Coastal Permit No. 103), subject to additional conditions of approval.
WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 93 -89 approving a second Addendum to Environmental Impact Report No. 36 and adopted
Resolution Nos. 93 -90, 93 -91, 93 -92 and 93 -93 respectively re- approving Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163,
and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in
conjunction with the project, pursuant to Government Code Section 65590; and,
WHEREAS, on November 5, 1993, the California Coastal Commission adopted revised and expanded
findings in conjunction with the project; and,
WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 94 -71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 94 -72, 94 -73, 94 -749 94 -75, 94 -76 and 94 -77, respectively, approving Revision "A" to the
approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from the
area southwest of the School District property to an area north of Half Way Point, locating the golf course
maintenance facility and four (4) affordable housing units southeast of the corner of Palos Verdes Drive South
and Paseo Del Mar, reducing the number of single family residential lots from eighty -three (83) to seventy -five
(75) and increasing the height of the golf course clubhouse from thirty (30) feet to forty -eight (48) feet; and,
WHEREAS, on January 12, 1995, the California Coastal Commission approved Coastal Development
Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its first amendment to the
permit, subject to revised conditions of approval; and,
WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal
Development Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its second
amendment to the permit; and,
WHEREAS, on February 1, 1996, the California Coastal Commission approved Coastal Development
Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its third amendment to the
permit; and,
WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96 -15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96 -16, and 96 -17, respectively, approving Revision "B" to the approved Ocean Trails project,
including, but not limited to, modifying the approved alignment of Paseo del Mar ( "A" Street/ "J" Bluff Road),
revising the Conditions of Approval regarding several public trails, and relocating the golf course clubhouse
approximately 80 feet to the west of its previously approved location; and,
WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development
Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its fourth amendment to the
permit, subject to revised conditions of approval; and,
WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96 -72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96 -73, 96 -74, 96 -75, 96 -76 and 96 -77, respectively, approving Revision "C" to the approved
Ocean Trails project, including, but not limited to, relocation of two single family residential lots in Vesting
Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C ", revisions to the boundaries
of open space Lots B, C, G and H, conversion the split -level lots in Vesting Tentative Tract Map No. 50667 to
single -level lots, revisions to the golf course layout, revisions the public trail system, combination of parallel
trails easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and
amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for
compliance; and,
Resolution No. 2004 -29
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WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos Verdes
adopted P.C. Resolution No. 97 -44 approving Revision "D" to the Ocean Trails project, which involved an
amendment to Conditional Use Permit No. 162 (Residential Planned Development) to modify the minimum
rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the proposed residences
and the potential brush fires that may occur on the adjacent habitat area; and,
WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98 -32 approving Revision "E" to the Ocean Trails project, which involved an amendment to
Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course
improvements; and,
WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98 -59, approving Revision "F" to the Ocean Trails project, which involved, modifying the
configuration of Streets "C" and "D" and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667 to
accommodate the final location of the Foundation Setback Line, and a revision to Conditional Use Permit No.
162 (Residential Planned Development) to address maximum building height; and,
WHEREAS, on July 14, 1998, the Planning Commission adopted P.C. Resolution Nos. 98 -26 and 98-
27, thereby recommending approval of Addendum No. 6 to EIR No. 36 and Revision "G" to Conditional Use
Permit No. 163 to the City Council; and,
WHEREAS, on August 18, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98 -76 approving Addendum No. 6 to Environmental Impact Report No. 36 and the proposed
Revision "G" to the Ocean Trails project, which included: 1) an 18% increase in the size of the clubhouse from
27,000 square feet to 32,927 square feet; 2) an increase in the size of the maintenance facility from 6,000
square feet to 9,504 square feet; 3) a two foot increase in the upslope height of the maintenance facility
building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking
lot; and,
WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99 -10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the proposed
Revision "H" to the Ocean Trails project, which included: changing 6 of the residential lots within VTTM 50667
from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street'B' within
the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the
approval included the modification of the project's mitigation measures and conditions of approval to allow the
permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays through
March 21, 1999; and,
WHEREAS, on May 4, 1999, the City Council of the City of Rancho Palos Verdes adopted Resolution
No. 99 -29 approving Addendum No. 8 to Environmental Impact Report No. 35 and the proposed Revision 111"
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
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
Resolution No. 2004 -29
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by permitting a basement space; 8), withdrawn by applicant; and 9), revise the hours permitted for golf course
landscape gardening; and,
WHEREAS, on May 16, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000 -27 approving Addendum No. 10 to Environmental Impact Report No. 36 and the
proposed Revision "K" to the Ocean Trails project, which allowed a portion of the golf course to open for play
before all of the required public amenities have been completed due to delays caused by the failure of
Landslide C on June 2, 1999; and,
WHEREAS, on June 21, 2000, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 2000 -38 certifying a Final Supplemental Environmental Impact Report to Environmental Impact
Report No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations,
and the proposed Revision "L" to the Ocean Trails project, for the repair of Landslide C at Ocean Trails; and,
WHEREAS, on July 18, 2000, the City Council of the City of Rancho Palos Verdes approved
Revision M to the Ocean Trails Project, thereby approving an amendment to the Habitat Conservation Plan
(HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement
over the lower portion of Shoreline Park; and,
WHEREAS, on September 5, 2000, the City Council of the City of Rancho Palos Verdes approved
Revision N to the Ocean Trails Project, thereby approving a Mitigated Negative Declaration and amending the
project to accommodate a change to the design of the storm drain facilities of the Ocean Trails project from a
tunneled pipe system to the existing on -site canyons. Revision "N" only amended the drainage for the west
side of the Ocean Trails project, involving Forrestal Canyon; and,
WHEREAS, on February 20, 2001, the City Council of the City of Rancho Palos Verdes approved
Revision P to the Ocean Trails Project, thereby approving an amendment to allow Ocean Trails an extension
of time to provide 4 on -site affordable housing units for rent from "prior to one year of the opening of the
clubhouse" to "prior to the opening of the 18 -hole golf course "; and,
WHEREAS, on August 19, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "T" to the Ocean Trails Project, thereby approving an amendment to allow an expansion to the
Clubhouse Building; and,
WHEREAS, on November 5, 2003, the City Council of the City of Rancho Palos Verdes approved
Revision "U" to the Ocean Trails Project, thereby approving an additional expansion to the Clubhouse Building;
and,
WHEREAS, on February 10, 2004, VH Property Corp., submitted a letter to the City of Rancho Palos
Verdes requesting approval for Revision "V" to the Ocean Trails project to revise the Conditions of Approval
for CUP No. 162, so as to 1) increase the Lot Coverage for Lot #2 of Tract No. 50667 from 40% to 47 %; 2)
allow basement areas of one -story structures to be excluded from the existing 30% "Maximum Habitable
Space" requirement, but require that the basement habitable area be added to the first floor habitable area in
complying with the "Maximum Habitable Space Square Footage" requirement; 3) permit a change in the height
of Lot #2 to allow for a subterranean garage. In the subject letter VH Property Corp also requested approval
of a Grading Permit for the construction of retaining walls and access to the proposed subterranean garage.
At a later date, VH Property Corp withdrew their request for item 1) above; 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 February 26, 2004, March 11, 2004, and April 15, 20047
copies of the draft Addendum No. 17 to Environmental Impact Report No. 36 were distributed to the City
Council and prior to taking action on the proposed Revision "V" to the Ocean Trails project, the City Council
independently reviewed and considered the information and findings contained in Addendum No. 17 to EIR
No. 36; and,
Resolution No. 2004 -29
Page 4 of 8
WHEREAS, on March 2, 2004, March 16, 2004, and April 20, 2004, after notice issued pursuant to the
provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No.
17 to Environmental Impact Report No. 36 and the proposed Revision "V" to the Ocean Trails project, 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 "V ", is for:
1) An amendment to Conditional Use Permit No. 162, Conditions Q -2, Q -3 and Q -4, allowing
basement areas of one -story structures in Tract No. 50667 to be excluded from the existing
30% "Maximum Habitable Space" requirement, but require that the basement habitable area
be added to the first floor habitable area in complying with the "Maximum Habitable Space
Square Footage" requirement; and
2) An amendment to Conditional Use Permit No. 162, Conditions S -2 and S -3 and a Grading
Permit to change the height of Lot #2 of Tract No. 50667, to allow for a subterranean garage
and for the construction of 10' high retaining walls, 260 cubic yards of grading for the
driveway, and 1,730 cubic yards of grading for the proposed subterranean garage /basement
on Lot #2 only.
3) Amendments to clear up specific ambiguities in the existing conditions of approval pertaining
to the City's acceptance of open space lots, the status of the Palos Verdes Drive South
reconstruction project, the status of providing off -site affordable housing units, and the status
of completing the project's Maintenance Building. Specifically, this includes an amendment
to Conditional Use Permit No. 162, Condition D -3 and adding new conditions 1 -2 and 1 -3;
amendments to Conditional Use Permit No. 163, Conditions D -3 and E -2; and amendments
to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditions A -10 and 1 -3.
Section 2: In considering the proposed revisions to the project, the City Council has determined that
the preparation of Addendum No. 17 to Environmental Impact Report No. 36 is appropriate, since the
subsequent changes in the project will not result in any new significant environmental impacts which were not
previously identified and analyzed in Environmental Impact Report No. 36, that the subsequent changes will
not result in an increase in any previously identified significant environmental impacts, that the Addendum
does not contain new information of substantial importance to the project and that only minor technical
changes or additions are necessary to make Environmental Impact Report adequate under the provisions of
the California Environmental Quality Act (CEQA).
This is so, since the requested changes will 1) not be readily visible from surrounding properties or the
public right of way, 2) the proposed improvements will occur in areas that will not cause any significant view
impairments, 3) there will be no parking or traffic related impacts as a result of the proposed changes, 4) there
will be no impacts to geology as a result of the proposed changes, 5) that some of the changes will only clarify
the completion dates for certain project amenities, and 6) there have been no substantial changes to the
Project or to the environment that would cause the Project to significantly impact the environment, nor does
the proposed amendment affect a change that would impact the environment in any manner that was not
previously considered and mitigated to the extent feasible.
Therefore, based on the review of Draft Addendum No. 17 to Environmental Impact Report No. 36
prepared in association with the proposed Revision "V" to the Ocean Trails project, 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
Resolution No. 2004 -29
Page 5 of 8
reference, the Final EIR No. 36, the Supplemental EIR, the second Supplemental EIR, Addenda Nos. 1, 29 31
49 59 61 79 81 91 10, 11, 12, 13, 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 "V" to
Conditional Use Permit No. 163 the City Council finds as follows:
A. That the golf course and related uses 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.
Further, the proposed change to CUP No. 163 will be consistent with the General Plan as it only
serves to clarify when the developer shall be responsible for the provision of off -site affordable
housing units and when the Maintenance Building shall be completed.
B. That the proposed golf course use is 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, are encouraged by policies of the Coastal Specific Plan and General Plan. A public golf
course is 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) & (B) above, it is not contrary to either the
General Plan or the Coastal Specific Plan.
C. That given the adjacent land uses and the project's location and design, as modified herein, and
recommended conditions imposed through this permit, the 261.4 acre site is adequate in size and
configuration to accommodate the proposed uses including a Residential Planned Development and
golf course.
D. That given the adjacent land uses and the project's location and design, as modified herein, and the
recommended conditions imposed by Conditional Use Permit No. 163 Revision "V ", attached hereto
as Exhibit "A ", the site is adequate in lot size and configuration to accommodate the residential units,
golf course, clubhouse, four affordable housing units and other related facilities.
E. 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 proposed Revision "V" will improve conditions of Palos Verdes Drive South by
establishing a clear deadline for completing the proposed roadway improvements.
Resolution No. 2004 -29
Page 6of8
F. That given the site location, project design, and recommended conditions imposed through this permit
and attached hereto as Exhibit "A ", 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.
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, changes to the existing conditions to establish more clear timelines in the
completion of certain public amenities will not cause any additional impacts.
Section 4: The mitigation measures contained in the Mitigation Monitoring Programs contained in
Resolution No. 96 -72, Resolution No. 2000 -38, and Resolution No. 2000 -58, as adopted by the City Council on
September 3, 1996, June 21, 2000, and September 5, 2000, respectively, are hereby incorporated by
reference into the Conditions of Approval for the revisions to Conditional Use Permit No. 163.
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 "V" for Conditional
Use Permit No. 163, thereby revising conditions D -3 and E -2, as shown below (striket for text removed
and bold underline for text added) and in the attached Exhibit "A ", which are necessary to protect the public
health, safety and general welfare. All other conditions of approval that have been imposed on this project
shall remain in effect and are incorporated herein:
Condition No. D -3 shall be revised as follows:
"D -3. The developer shall provide a minimum of four (4) 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 ° , 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). "
Resolution No. 2004 -29
Page 7 of 8
Condition No. E -2 shall be revised as follows:
"E -2. The size, height, design and placement of the golf course maintenance facility shall
substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean
Trails at Palos Verdes" prepared by HRMA Inc., dated as received by the City on July 13, 1998.
Prior to issuance of building permits for the facility, the final design of the maintenance facility shall
be submitted for review and approval by the Director of Planning, Building and Code Enforcement for
conformance with the plans approved by the Planning Commission on July 14, 1998. The
Maintenance Facility,. including the 75 -space overflow parking lot and 25 -space employee
Parking lot shall be completed and a final certificate of use and occupancy shall be obtained
prior to the opening of the 18 -hole golf course.
Section 7: For the forgoing reasons, and based on information and findings contained in the public
record, including staff reports, minutes, records of proceedings, and evidence presented at the public hearings,
the City Council of the City of Rancho Palos Verdes hereby approves Revision "U" to Conditional Use Permit No.
163, amending condition C -2 by permitting an expansion of the Clubhouse Building, as shown in the attached
Exhibit "A ", which is necessary to protect the public health, safety and general welfare. All other conditions of
approval that have been imposed on this project shall remain in effect and are incorporated herein.
LL-
PASSED, APPROVED, and ADOPTED this 2(
Attest:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)ss
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004-
29 was duly and regularly passed and adopted by the said City Council at a regular meeting held on April 20,
2004.
City Clerk
Resolution No. 2004 -29
Page 8 of 8
RESOLUTION NO. 2004 -29, EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 163 - REVISION "V"
CONDITIONS OF APPROVAL FOR A GOLF COURSE DEVELOPMENT
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of Revision "G" to the Conditional Use Permit, the developers
shall submit, in writing, a statement that they have read, understand and agree to all of the
conditions of approval contained in this exhibit.
2. The developer shall fund an alternative water source study in an amount not to exceed fifty
thousand (50,000) dollars. The purpose of the study shall be to investigate the feasibility of
developing various alternative water sources for support of the golf course and related facilities
including such alternatives as desalinization, reverse osmosis and other similar technologies,
water reclamation, use of de- watering wells, etc. However, upon written request, the City Council
may waive or delay the requirement to prepare said study.
3. If there are drought conditions at the time the golf course is developed, or if for any other reason
the availability of water is scarce, the developer or its successor in interest shall contribute its
proportionate share of the cost of developing new water sources for the City, including off -site
development, identified in the study required in Condition A.2. The City or other responsible
agency shall determine the amount of the proportionate share by conducting the necessary
studies. However, upon written request, the City Council may waive or delay the payment of the
contribution, contingent on a determination by the City Council that an alternative water source
study is necessary pursuant to Condition A.2 .
4. Approval of this Conditional Use Permit is conditioned upon the applicant entering into an
agreement with the City of Rancho Palos Verdes within twenty (20) days of the date of this
approval, subject to approval by the City Attorney, to indemnify and defend the City against all
damages, claims, judgements, and litigation costs, including, without limitation, attorney's fees
awarded to a prevailing party, arising from the approval of the project and all issues related
thereto.
B. PERMIT EXPIRATION AND COMPLETION DEADLINE
1. Pursuant to Development Code Section 17.67.090, this permit shall expire within twenty four (24)
months from the date that the Coastal Permit associated with this Conditional Use Permit is
approved by the last responsible agency approval, unless a grading permit for the golf course and
building permits for the clubhouse structure have been applied for and are being diligently
pursued. Extensions of up to one (1) year each may be granted by the Planning Commission, if
requested in writing prior to expiration.
2. If rough grading for the golf course and construction to the point of foundation inspection for the
clubhouse structure has not been completed within twenty four (24) months from the date of
building permit issuance, the Conditional Use Permit shall expire and be of no further effect,
unless, prior to expiration, a written request for extension is filed with the Director of Planning,
Building and Code Enforcement and is granted by the Planning Commission. Otherwise, a new
Conditional Use Permit must be approved prior to further development.
Resolution No. 2004 -29
Exhibit A
Page 1 of 15
C. GOLF COURSE CLUBHOUSE
1. The golf clubhouse shall be located west of the terminus of Street "A" (Paseo Del Mar extension),
in the area generally described as east of Forrestal Canyon, south of the single family Lot Nos. 6,
7, and 8 located on Street "B ", and north of Half Way Point Park, as shown on "Site Plan for
Conditional Use Permit Amended Map No. 2," dated June 19, 1996, prepared by ESCO
Engineering Service Corporation, and dated as received by the City on August 2, 1996. No
portion of the golf course clubhouse shall be located in areas currently zoned Open Space Hazard
(OH). A minimum factor of safety of 1.5 shall be demonstrated for the clubhouse structure. If the
developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods,
including but not limited to de- watering wells, or if the clubhouse location is modified for any other
reason, the developer shall submit an application for a revision to this Conditional Use Permit, for
review and approval by the Planning Commission and City Council prior to recordation of any
Final Map.
2. The size, height, design and placement of the clubhouse shall substantially conform to the plans
reviewed by the City Council, which are entitled "Proposed Club House Expansion and Remodel ",
prepared by Envirotechno, dated June 11, 2003 and dated as received by the City on October 30,
2003. The maximum size of the Clubhouse shall be 41,281 square feet. Any increases to the size
of the structure shall require approval of an amendment to this Conditional Use Permit by the City
Council. Further, the Basement Space can only be utilized provided that the developer obtains all
necessary approvals and permits from the Building Department and Fire Department.
3. The public rest rooms on the lower level of the clubhouse shall be increased in size to include a
minimum of four (4) water closets in the women's facility and one (1) water closet and two (2)
urinals in the men's facility. The design, orientation and signage of this facility shall clearly
encourage use by the public visiting the adjacent park and access trails. The final design of the
public rest rooms shall be subject to the review and approval of the Director of Planning, Building
and Code Enforcement.
4. The height of the clubhouse shall conform to the requirements of Variance No. 380, as specified
in Resolution No. 94 -77.
D. AFFORDABLE HOUSING
1. The developer shall provide a minimum of four (4) dwelling units on -site as rental housing, which
shall be affordable to very low to low income households. These units shall be provided on -site in
conjunction with development of the golf course. Each unit shall contain at least 850 square foot
of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided
for each unit. The units shall be available for rent prior to the opening of the 18 -hole golf course.
A covenant which guarantees that the affordable units shall not revert to market rate for a
minimum period of thirty years shall be recorded no later than the date of recordation of the final
map.
Project management, including tenant selection and income monitoring, shall be provided in a
manner to be approved by the City. First priority for the units shall be given to very low to low
income employees of the Ocean Trails project. Second priority shall be given to persons within
very low to low income levels working within four miles of the City's coastal zone. Third priority
shall be given to persons within very low to low income levels, regardless of the location of
employment (if employed).
2. The total number of on -site market -rate dwelling units shall be limited to one dwelling unit per
buildable acre of land. However, as an incentive to the developer to provide affordable housing, the
Resolution No. 2004 -29
Exhibit A
Page 2 of 15
four (4) affordable dwelling units to be provided on -site, pursuant to Condition D.1 above, shall be
allowed to exceed the one dwelling unit per buildable acre maximum. However, in no event shall
more than 79 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 four (4) 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 within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract
No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall
notify the City within 5 business days after the Department of Real Estate issues the "White Report ".
The units shall remain affordable to very low to low income households for a period of at least thirty
years after initial occupancy at the affordable rate.
Project management, including tenant selection and income monitoring, shall be provided in a
manner to be approved by the City. First priority for the units shall be given to very low to low
income employees of the Ocean Trails project. Second priority shall be given to persons within
very low to low levels working within four miles of the City's coastal zone. Third priority shall be
given to persons within very low to low income levels, regardless of the location of employment (if
employed).
4. The on -site affordable housing units shall be located near the southeast intersection of Palos
Verdes Drive South and Paseo Del Mar, provided that mechanical methods including, but not
limited to de- watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the
affordable housing units. Additionally, no portion of the affordable housing units shall be located
in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a
minimum factor of safety of 1.5 using mechanical methods, or if the location of the affordable
housing complex is modified for any other reason, the developer shall submit an application for a
revision to this Conditional Use Permit, for review and approval by the Planning Commission and
City Council prior to recordation of any Final Map, or issuance of the grading permit, whichever
occurs first.
5. The size, height, design and placement of the affordable housing complex shall substantially
conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails
Clubhouse" (site plan, floor plans and elevations), prepared by Klages Carter Vail and Partners,
dated May 1, 1994 and dated as received by the City on August 5, 1994. However, the required
parking shall be modified to include a minimum of eight (8) enclosed garage spaces, pursuant to
Condition D.1 above. Prior to issuance of building permits for the complex, the final design of the
affordable housing complex shall be submitted for review and approval by the Director of
Planning, Building and Code Enforcement. The developer of the affordable housing complex
shall be required to participate in any Design Review Committee ( "DRC ") or similar body
processes in place at the City at the time development and construction plans for the affordable
housing units are submitted.
6. The unenclosed guest parking spaces associated with the affordable housing complex shall be
designed in such a manner as to blend with the single family residential appearance of the
complex. Prior to the issuance of building permits for the complex, the final design of the guest
parking spaces shall be submitted for review and approval of the Director of Planning, Building
and Code Enforcement.
Resolution No. 2004 -29
Exhibit A
Page 3 of 15
E. GOLF COURSE MAINTENANCE FACILITY
1. The golf course maintenance facility shall be located near the southeast intersection of Palos
Verdes Drive South and Paseo Del Mar and the affordable housing complex, provided that
mechanical methods including, but not limited to de- watering wells, are utilized to ensure a
minimum factor of safety of 1.5 for the maintenance structure. Additionally, no portion of the golf
course maintenance structure shall be located in areas currently zoned Open Space Hazard (OH).
If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical
methods, or if the location of the golf course maintenance facility is modified for any other reason,
the developer shall submit an application for a revision to this Conditional Use Permit, for review
and approval by the Planning Commission and City Council prior to recordation of any Final Map,
or issuance of the grading permit, whichever occurs first.
2. The size, height, design and placement of the golf course maintenance facility shall substantially
conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails at
Palos Verdes" prepared by HRMA Inc., dated as received by the City on July 13, 1998. Prior to
issuance of building permits for the facility, the final design of the maintenance facility shall be
submitted for review and approval by the Director of Planning, Building and Code Enforcement for
conformance with the plans approved by the Planning Commission on July 14, 1998. The
Maintenance Facility, including the 75 -space overflow parking lot and 25 -space employee parking
lot shall be completed and a final certificate of use and occupancy shall be obtained prior to the
opening of the 18 -hole golf course.
3. The maximum ridge height of the maintenance facility shall not exceed a height of 24 feet over the
equipment storage area and 26 feet over the repair shops and offices. Ridge height certification
is required at building framing inspection.
4. The golf course maintenance facility shall be enclosed by a maximum six (6) foot high, decorative
block wall. The final location of the wall shall be subject to the review and approval of the Director
of Planning, Building and Code Enforcement, prior to the issuance of building permits for the
facility.
F. DESIGN OF THE GOLF COURSE
1. The design and layout of the 18 hole golf course shall substantially conform to the plans reviewed
by the Planning Commission, which are entitled "Site Plan for Conditional Use Permit Amended
Map No. 2," dated June 19, 1996, prepared by ESCO Engineering Service Corporation, and dated
as received by the City on August 2, 1996. Prior to commencement of the construction of the golf
course, the final design of the golf course shall be submitted for review by the Director of
Planning, Building and Code Enforcement and subsequently submitted for review and approval by
the Planning Commission for compliance with the plan referenced in this condition. The final
design of the golf course shall identifying the layout of the golf course holes and other
improvements, including drainage structures, utility easements, golf cart paths, public trails and
beach access. Wherever possible, the final design of the golf course shall minimize any conflict
between the use of the golf holes and the public trails.
2. Any changes in the project which results in significant changes in the development characteristics
of the approved conceptual plan per Condition F.1 above, shall require that an application for a
revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the
request for modification of any items reasonably related to the request, and shall be subject to
approval by the Planning Commission. Before any minor changes are made to the development,
Resolution No. 2004 -29
Exhibit A
Page 4 of 15
the Director of Planning, Building and Code Enforcement shall report to the Planning Commission
a determination of significance.
3. Prior to issuance of any grading permit, the developer shall submit a final Public Amenities Plan,
including signage, specific design standards and placement for all trails, vista points and parking
facilities, and other amenities consistent with the Conceptual Trails Plan and subject to the review
of the Recreation and Parks Committee, the Director of Planning, Building and Code
Enforcement, the Director of Public Works, and the Director of Parks and Recreation, and
approval by the City Council. The Public Amenities Plan shall be in substantial conformance with
the program described in the "Ocean Trails Conceptual Public Amenities and Coastal Access
Program for Rancho Palos Verdes Subregion 7 ", dated July 1994 and dated as received by the
City on July 22, 1994.
4. Prior to recordation of the Final Map, any additional acreage needed to increase the size or area
for the golf course and related uses shall be obtained by reducing the acreage currently
designated for residential purposes within Tract 50666, Tract 50667, or a combination thereof,
provided a minimum of thirty (30) percent of the area within each tract remains for Common Open
Space. Any additional acreage needed to increase the area of the golf course shall not result in a
reduction in the acreage of land to be dedicated or restricted for public open space uses as
shown on the approved Ocean Trails Plan.
5. Any artificial water features (water hazards, fountains, artificial lakes, etc.) associated with the golf
course are subject to review and approval by the Director of Planning, Building and Code
Enforcement, prior to the issuance of a grading permit. Such features shall be permitted, subject
to the conditions that they be lined to prevent percolation of water into the soil and are charged
with reclaimed and appropriately treated water when available from related uses after such
features are initially established. The reclaimed water stored in any artificial water features shall
be used to supplement the irrigation systems required to maintain the golf course. The operation
of the water features and reclaimed water shall be subject to all applicable health code
requirements. If there are any violations in this condition of approval, or if such features create a
public nuisance at any time (visual appearance, odor, etc.). approval of such features may be
revoked through a public hearing before the Planning Commission, where mitigation including
draining, filling, and re- landscaping may be imposed.
6. Any accessory structures associated with the golf course, including but not limited to a snack
shop, convenience and comfort facilities, or similar structures, shall not exceed sixteen (16) feet in
height unless a minor revision to the Conditional Use Permit and a Variance are granted by the
Planning Commission.
G. OPERATION OF THE GOLF COURSE
1. Approval of this Conditional Use Permit is contingent upon the concurrent and continuous
operation of the primary components of the project, which are the golf course and clubhouse. If
either use is discontinued, this Conditional Use Permit will be null and void. If the landowner or
the landowner's successor in interest seeks to change the uses which have been designated, the
landowner must file an application for a major modification of the Conditional Use Permit with the
City. At that time, the Planning Commission may impose such conditions as it deems necessary
upon the proposed use and may consider all issues relevant to the proposed change of use,
including, but not limited to, whether the entire Conditional Use Permit should be revoked.
2. The hours of operation of the clubhouse may be limited by the City Council based on the
determination that excessive sound is audible from surrounding residential properties.
Resolution No. 2004 -29
Exhibit A
Page 5 of 15
3. Deliveries utilizing vehicles over forty (40) feet in length shall be limited to the hours of 5:00 a.m.
to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 9:00 p.m. on Saturday and Sunday. Other
vehicles shall be allowed to make deliveries 24 hours a day.
4. Prior to the opening of the golf course, the use of gardening equipment shall be controlled by a
Golf Course Maintenance Plan which is subject to review and approval by the Director of
Planning, Building and Code Enforcement, based on an analysis of equipment noise levels and
potential impacts to neighboring residents. The Plan shall be submitted for formal review by the
Director of Planning, Building and Code Enforcement within 3 months after the first day that the
golf course opens for play and annually thereafter for the life of the golf course. At the 3 -month
review and at each subsequent annual review, the Director may determine that the Plan needs to
be revised to address potential noise impacts. The Director may also determine that additional
review periods and /or other conditions shall be applied to the Maintenance Plan.
Further, if the City receives any justified noise complaints that are caused by the maintenance of
the golf course, as verified by the Director of Planning, Building and Code Enforcement, upon
receipt of notice from the City, the owner(s) of the golf course shall respond to said verified
complaint by notifying the City and implementing corrective measures within 24 hours from time of
said notice.
The Director's decision on any matter concerning the golf course maintenance may be appealed
to the City Council. This condition shall apply to all golf course owners, present and future. Any
violations of this condition may result in revocation of this Conditional Use Permit and subsequent
cease of golf course play.
5. No on -site repair or delivery of equipment and /or materials shall be permitted before 7:00 a.m. or
after 4:00 p.m., except for repair of golf course equipment within enclosed structures.
6. Prior to the installation of landscaping on the golf course, the developer shall submit a green
waste management and recycling program for review and approval by the Directors of Planning,
Building and Code Enforcement and Public Works.
7. The operator of the golf facilities shall participate in the City's recycling program.
8. The City hereby reserves the right to increase the golf tax established by Ordinance No. 291 on
the golf course use to which the developer and any successors in interest to the developer and
any owner(s) and /or operator(s) of the golf course shall not object. Written notice of this condition
shall be provided to any purchaser(s) prior to the close of escrow and /or operator(s) of the golf
course prior to the execution of any lease or contract agreement to operate the golf course.
9. Any future heliport proposed with this development shall be subject to a new and separate
Conditional Use Permit. No heliport is permitted with this approval.
H. MISCELLANEOUS DESIGN STANDARDS
1. Prior to the issuance of grading permits, all golf course signage, including trail signage, shall be
subject to a sign permit and subsequent review and approval by the Director of Planning, Building
and Code Enforcement, as part of the landscape plan required in Condition K.1..
2. All trash enclosure walls shall be a maximum of 6 feet in height and designed to accommodate
recycling bins and shall have solid, self closing gates and be integrated into the building design.
Resolution No. 2004 -29
Exhibit A
Page 6 of 15
3. All utilities exclusively serving the site shall be provided underground, including cable television,
telephone, electrical, gas, and water. All appropriate permits shall be obtained for their
installation. Cable television, if utilized, shall be connected to the nearest trunk line at the
developer's expense.
4. No roof mounted mechanical equipment, vents, or ducts, shall be permitted. All other mechanical
equipment shall be screened and /or covered as necessary to reduce their visibility from public
rights -of -way or adjacent properties. Any necessary screening and covering shall be
architecturally harmonious with the materials and colors of the buildings. Use of satellite dish
antennae shall be subject to the conditions and requirements of Sections 17.41.140 through
17.41.210 of the Rancho Palos Verdes Development Code.
5. Mechanical equipment shall be housed in enclosures designed to attenuate noise to a level of 45
dBA at the property lines. Mechanical equipment for food service shall incorporate filtration
systems to eliminate exhaust odors.
6. No gates or other devices shall be permitted which limit direct access to the site. No freestanding
fences, walls, or hedges shall be allowed, unless part of the fencing plan reviewed and approved
by the Director of Planning, Building and Code Enforcement as required by Condition No. L.1.
7. All retaining walls are subject to review and approval by the Director of Planning, Building and
Code Enforcement, prior to the issuance of grading permits. Unless otherwise provided, retaining
walls shall conform to the criteria established in Section 17.50 of the Rancho Palos Verdes
Development Code.
I. PARKING
1. Prior to the issuance of any grading permit, the developer shall submit a final parking plan
reflecting the parking design for the approved project, including calculations for the number of
parking spaces required for the golf course, clubhouse and ancillary uses, and any on -site dining
facilities. The parking plan shall be subject to review and approval by the Director of Planning,
Building and Code Enforcement. Requests for extensions may be granted by the Director of
Planning, Building and Code Enforcement for up to one hundred eighty (180) days.
2. As part of the final parking plan required in Condition 1.1., a minimum of one hundred fifty (150)
parking spaces shall be constructed in a lot on the west side of the clubhouse, as designated in
the parking plan, for golf course, clubhouse and public use. A minimum of forty five (45) parking
spaces shall be constructed in a lot on the east side of the clubhouse, as designated in the
parking plan, for public use only during daylight hours and clubhouse use after dusk. A minimum
of seventy five (75) overflow parking spaces and a minimum of twenty five (25) employee parking
spaces shall be constructed in a lot adjacent to the golf course maintenance facility, as designated
in the parking plan, for golf course, clubhouse and public use.
3. All parking areas shall be designed to mitigate or eliminate non - aesthetic noise and views which
may impact surrounding single family and multi - family residences, subject to the review and
approval of the Director of Planning, Building and Code Enforcement, prior to the issuance of the
grading permit.
Resolution No. 2004 -29
Exhibit A
Page 7 of 15
J. LIGHTING
1. Exterior lighting for the clubhouse, maintenance facility and affordable housing complex shall be
limited to the Standards of Section 17.54.030 of the Development Code.
2. Prior to issuance of building permits for any of the structures referenced in Condition No. J.1, a
lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for
review and approval and there shall be no direct off -site illumination from any light source.
3. Parking and security lighting shall be kept to minimum safety standards and shall conform to all
applicable City requirements. Fixtures shall be shielded to prevent lighting from illuminating on or
towards other properties; there shall be no spill -over onto residential properties. A trial period of
six (6) months from issuance of certificate of occupancy for assessment of exterior lighting
impacts shall be instituted. At the end of the 6 month period, the City may require additional
screening or reduction in intensity of any light which has been determined to be excessively bright.
4. No golf course lighting shall be allowed.
K. LANDSCAPING
1. Prior to issuance of grading permits, the developer shall submit a preliminary landscape plan to
the Director of Planning, Building and Code Enforcement for review and approval of the
clubhouse, golf course and appurtenant structures, parking lot, and all open space areas within
the boundaries of the parcel maps and /or tract maps, roadway medians and public trails which
shall include the following:
a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped
areas.
b. Landscaping within the project area shall be planted in such a manner so that views from
adjacent properties and any public right -of -way are not affected.
C. All trees selected shall be of a species which reasonably could be maintained at 16 feet.
Said trees shall be maintained not to exceed 16 feet in height.
d. The re- seeding and re- establishment of natural plant species for all of the disturbed open
space areas. Said plan shall include site specific and non - invasive species, and shall be
reviewed and commented on by the project biologist and interested parties, and shall be
subject to the approval of the Director of Planning, Building and Code Enforcement.
e. Landscaping and irrigation plans for all rough graded surfaces which have been scarified
through grading operations.
f. The landscaped entries and buffer zones shall meet the standards for Intersection
Visibility (Section 17.42.060), as identified in the Development Code.
2. Prior to installation of the permanent landscaping for the golf course and associated structures,
the developer shall submit a final landscape and irrigation plan to the Director of Planning,
Building and Code Enforcement for review and approval of the clubhouse, golf course and
appurtenant structures, parking lot, and all open space areas within the boundaries of the parcel
maps and /or tract maps, roadway medians and public trails. The final landscape and irrigation
Resolution No. 2004 -29
Exhibit A
Page 8 of 15
plans shall conform to California State Model Water Efficient Landscape Ordinance (per State
Assembly Bill 325) and shall include the following:
a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped
areas.
b. Landscaping within the project area shall be planted in such a manner so that views from
adjacent properties and any public right -of -way are not affected.
C. All trees selected shall be of a species which reasonably could be maintained at 16 feet.
Said trees shall be maintained not to exceed 16 feet in height.
d. The landscaped entries and buffer zones shall meet the standards for Intersection
Visibility (Section 17.42.060), 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.
h. Where practical, transitional landscaping on graded slopes shall screen the project's night
lighting as seen from surrounding areas.
3. Within 30 days after Final Map approval, or prior to issuance of building permits, whichever occurs
first, the developer shall submit to the City a Covenant to Maintain Property to protect views for
each golf course lot. All fees associated with recording said covenant shall be paid by the
developer.
4. With the exception of irrigation lines that have been reviewed and approved by the City Geologist
for installation and operation, prior to installation of any additional irrigation lines on any portion of
the Ocean Trails property, the City Council shall have approved the Ocean Trails Water Control
Plan to ensure that the installation and operation of said irrigation lines will not contribute water to
any known landslide area, cause any significant erosion or other potentially hazardous conditions.
5. All proposed irrigation within the Ocean Trails project, which includes, but is not limited to, all
irrigation for the golf course, 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 parcels (hereinafter "developer ") shall be responsible for
submitting an audit report every 60 days for review and approval by the Director of Planning,
Building and Code Enforcement, which details the project's compliance with the Ocean Trails
Water Control Plan and consistency, where applicable, with Municipal Code Section No. 15.34. If
it is determined by the Director of Planning, Building and Code Enforcement, that any irrigation is
not in compliance with either the Ocean Trails Water Control Plan or Municipal Code Section
15.34, or is causing any impacts to the project site, the developer shall be required to halt all
irrigation in the subject area until any such problem has been remedied to the satisfaction of the
Director of Planning, Building and Code Enforcement.
Resolution No. 2004 -29
Exhibit A
Page 9 of 15
L. FENCING PLANS
1. A complete project fencing plan (including public trails, habitat areas, warning signage, and
proposed fence and wall details) shall be approved by the Director of Planning, Building and Code
Enforcement and /or the Design Review Committee ( "DRC ") or similar body if established, prior to
issuance of grading permits or recordation of the Final Map, whichever occurs first. It shall be the
responsibility of the developer to install this fencing prior to sale of any lot within each workable
phase. Said fencing plans shall incorporate the following:
a. A 42 inch high pipe rail fence or similar fencing of suitable design shall be placed along
the length of the bluff top on the seaward side of the bluff top pedestrian trail, subject to
the review and approval of the Director of Planning, Building and Code Enforcement. It
shall be the responsibility of the developer to install this fencing and warning signage to
coincide with the construction of the bluff top pedestrian and bicycle trail.
b. A protective fence around the California gnatcatcher habitat areas and around all wildlife
corridors adjacent,to residential development, or as otherwise required by the Director of
Planning, Building and Code Enforcement shall be installed. Fencing of all enhancement
areas shall also be required, subject to the review and approval of the Director of
Planning, Building and Code Enforcement. Said fencing shall satisfy all requirements of
the project biologist, incorporate a method to prevent domesticated animals from entering
the habitat areas, include appropriate warning signage, and shall be black or dark green
in color. Temporary fencing shall be installed around the existing wildlife corridors and
habitat areas prior to the issuance of grading permits and the permanent fencing shall be
installed prior to the sale of any lot within adjacent workable phases.
C. Protective fencing along all trails and open space areas where there is a potential conflict
between golf course uses and public access uses.
M. ARCHAEOLOGY AND PALEONTOLOGY
1. Prior to issuance of grading permits, the project archaeologist shall submit a protocol to the City
for monitoring and for the discovery of archaeological resources. A qualified archaeologist shall
make frequent inspections during the rough grading operation to further evaluate cultural
resources on the site. If archaeological resources are found, all work in the affected area shall be
stopped and the resources shall be removed or preserved. All "finds" shall be reported to the
Director of Planning, Building and Code Enforcement immediately. All archaeological finds shall
be first offered to the City for preservation. At the completion of grading, the project archaeologist
shall submit a report detailing finds, if any.
2. Prior to issuance of grading permits, the project paleontologist shall submit a protocol to the City
for monitoring and for the discovery of paleontological resources. A qualified paleontologist shall
be present during all rough grading operations. If paleontological resources are found, all work in
the affected area shall be stopped and the resources shall be removed or preserved. All "finds"
shall be reported to the Director of Planning, Building and Code Enforcement immediately. All
paleontological finds shall be first offered to the City for preservation. At the completion of
grading, the project paleontologist shall submit a report detailing finds, if any.
Resolution No. 2004 -29
Exhibit A
Page 10 of 15
N. BIOLOGY
1. Prior to issuance of grading permits, or prior final of any map, whichever occurs first, the
developer shall submit a Habitat Conservation Plan (HCP) for review and comment by local
wildlife and habitat preservation groups, and subject to approval by the Planning Commission.
2. Prior to issuance of grading permits, the project biological monitor shall submit protocol to the City
for the monitoring of biological resources in conformance with the Habitat Conservation Plan and
Environmental Impact Report No. 36. A qualified biologist shall be present during all rough
grading operations to verify and ensure compliance with mitigation measures contained in
Environmental Impact Report No. 36 for preservation of biological resources, and conformance
with the conditions and requirements of the Habitat Conservation Plan (HCP) as described in
Condition N.1 above.
O. WATER
1. Prior to issuance of grading permits, the developer must submit a labor and materials bond in
addition to either:
a. An agreement and faithful performance bond in the amount estimated by the Director of
Public Works and guaranteeing the installation of the water system; or
b. An agreement and other evidence satisfactory to the Director of Public Works indicating
that the developer has entered into a contract with the servicing water utility to construct
the water system, as required, and has deposited with such water utility a security
guaranteeing payment for the installation of the water system.
2. There shall be filed with the Director of Public Works a statement from the purveyor indicating that
the proposed water mains and any other required facilities will be operated by the purveyor, and
that, under normal operating conditions, the system will meet the needs of the development.
3. There shall be filed with the Director of Public Works an unqualified "will serve" statement from
the purveyor indicating that water service can be provided to meet the demands of the proposed
development. Said statement shall be dated no more than six months prior to issuance of
building permits for the clubhouse. Should the developer receive a qualified "will serve" statement
from the purveyor, the City shall retain the right to require the developer to use an alternative
water source, subject to the review and approval of the City, or the City shall determine that the
conditions of the project approval have not been satisfied.
4. The golf course and related facilities shall be served by adequately sized water system facilities
which shall include fire hydrants of the size, type, and location as determined by the Los Angeles
County Fire Department. The water mains shall be of sufficient size to accommodate the total
domestic and fire flows required for the development. Domestic flow requirements shall be
determined by the Director of Public Works. Fire flow requirements shall be determined by the
Los Angeles County Fire Department, and evidence of approval by the Los Angeles County Fire
Department is required prior to issuance of building permits for the clubhouse, maintenance
facility or affordable housing complex, whichever occurs first.
5. Framing of structures shall not begin until after the Los Angeles County Fire Department has
determined that there is adequate fire fighting water and access available to the said structures
pursuant to Condition No. 0.4.
Resolution No. 2004 -29
Exhibit A
Page 11 of 15
P. DRAINAGE
1. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted
to cover the costs of construction of drainage improvements in an amount to be determined by the
Director of Public Works.
2. Prior to issuance of grading permits, the developer shall submit a hydrology study to the Director
of Public Works to determine any adverse impacts to on -site and /or off -site existing flood control
facilities generated by this project. Should the Director of Public Works determine that adverse
impacts will result, the developer will be required to post a bond, cash deposit, or combination
thereof in an amount to be determined by the Director of Public Works, which will cover the cost of
all on -site improvements and the project's fair share of the necessary off -site improvements.
3. Drainage plans and necessary support documents to comply with the following requirements must
be submitted for approval by the Director of Public Works prior to the issuance of grading permits:
a. Provide drainage facilities to remove any flood hazard to the satisfaction of the Director of
Public Works and dedicate and show easements on the Final Map.
b. Eliminate sheet overflow and ponding or elevate the floors of any structures with no
openings in the foundation walls to at least twelve inches above the finished pad grade.
C. Provide drainage facilities to protect the property from high velocity scouring action.
d. Provide for contributory drainage from adjoining properties.
e. All on -site surface drainage shall be directed away from the bluff top to minimize erosion
and to protect sensitive plant habitat on the bluff face.
4. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of an
earth tone color, as approved by the Director of Planning, Building and Code Enforcement prior to
the issuance of grading permit.
5. Subject to review and approval of a permit by the Director of Public Works and Director of Planning,
Building and Code Enforcement, the Developer shall be permitted to change the drainage system
within the eastern portion of the Ocean Trails project site, which includes portions of the Golf Course
and Vesting Tentative Tract Map No. 50667, from a tunneled storm drain system to drain instead into
La Rotonda canyon.
Within 60 days of this approval, the developer shall revise the "Operations and Maintenance Manual
for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf Course" to
include methods whereby the canyons on site shall be periodically monitored for erosion and slope
failure. The document shall include methods for immediately repairing failed slope areas to prevent
enlargement of failed areas. The revised Manual shall be submitted for review and approval by the
Director of Public Works and Director of Planning, Building and Code Enforcement within the 60 day
period.
The golf course operator shall have the canyons inspected annually during and immediately following
the rainy season, in accordance with the standards and schedule which have been established by the
Director of Public Works, and at any other time deemed necessary by the Director of Public Works.
The golf course operator shall provide the results of the inspections to the Director of Public Works
within ten (10) working days following each inspection. The golf course operator shall have any failed
Resolution No. 2004 -29
Exhibit A
Page 12 of 15
or eroded portions of the canyons immediately repaired to the satisfaction of the Director of Public
Works.
Prior to issuance of permits to construct such drainage system, the developer shall submit proof to
the Director of Planning, Building and Code Enforcement, that the developer has obtained the
necessary permits and /or approvals from the following resource agencies: U.S. Army Corps of
Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California
Regional Water Quality Control Board. The developer shall be responsible for implementing any
conditions associated with the resource agencies permits and /or approvals of this specific drainage
request.
6. Subject to review and approval of a permit by the Director of Public Works and Director of
Planning, Building and Code Enforcement, the Developer shall be permitted to change the
drainage system within the western portion of the Ocean Trails project site, which includes
portions of the Golf Course and Vesting Tentative Tract Map No. 50666, from a tunneled storm
drain system to drain instead into Forrestal Canyon.
Within 60 days of this approval, the developer shall revise the "Operations and Maintenance
Manual for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf
Course" to include methods whereby the canyons on site shall be periodically monitored for
erosion and slope failure. The document shall include methods for immediately repairing failed
slope areas to prevent enlargement of failed areas. The revised Manual shall be submitted for
review and approval by the Director of Public Works and Director of Planning, Building and Code
Enforcement within the 60 day period.
The golf course operator shall have the canyons inspected annually during and immediately
following the rainy season, in accordance with the standards and schedule which have been
established by the Director of Public Works, and at any other time deemed necessary by the
Director of Public Works. The golf course operator shall provide the results of the inspections to
the Director of Public Works within ten (10) working days following each inspection. The golf
course operator shall have any failed or eroded portions of the canyons immediately repaired to
the satisfaction of the Director of Public Works.
Prior to issuance of permits to construct such drainage system, the developer shall submit proof
to the Director of Planning, Building and Code Enforcement, that the developer has obtained the
necessary permits and /or approvals from the following resource agencies: U.S. Army Corps of
Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California
Regional Water Quality Control Board. The developer shall be responsible for implementing any
conditions associated with the resource agencies permits and /or approvals of this specific
drainage request.
Q. PROJECT COMPLETION BONDS
1. Prior to recordation of any Final Map and /or issuance of grading permit, whichever occurs first, the
developer shall post a bond, cash deposit, or other City- approved security to ensure the
completion of all golf course, clubhouse and related improvements, including: rough grading,
landscaping, irrigation, public trails, habitat restoration, drainage facilities, and other site features
as per approved plans.
Resolution No. 2004 -29
Exhibit A
Page 13 of 15
R. PUBLIC OPEN SPACE DEED RESTRICTION
1. Prior to issuance of grading permits or recordation of any Final Map, whichever occurs first, the
landowner shall record a restrictive covenant in favor of the City in a form and on terms
acceptable to the City, requiring all land within the golf course, including any permanent
structures, for golf course and related recreational uses to be open to the public. Furthermore,
the deed restriction shall specify that conversion of any portion of the approved facilities to a
private or member -only use or the implementation of any program to allow extended or exclusive
use or occupancy of the facilities by an individual or limited group or segment of the public is
specifically precluded by this permit and would require an amendment to this permit or a new
permit in order to be effective.
S. COMPLETION PER APPROVED PLANS
1. The developer shall designate appropriate workable phases (portions of the development to
include adjoining areas of grading, construction of the clubhouse and associated improvements,
streets of access, finish grading phases, supporting off -site improvements and on -site drainage
and utility improvements) that shall be subject to approval by the Director of Planning, Building
and Code Enforcement and the Director of Public Works, prior to the issuance of grading permit.
2. Any workable phase not under construction which has been scarified through grading operations
shall be irrigated and landscaped within ninety (90) days of grading. Temporary irrigation lines
may be approved by the Director of Planning, Building and Code Enforcement.
3. Prior to the issuance of grading permits, the developer shall post a bond, cash deposit, or other
City- approved security to guarantee substantial vegetative cover and maintenance of all finish
graded lots which have not been sold for development.
4. No building permits shall be issued prior to finish grading within the approved workable phase of
the site in which each lot is located and until the Director of Planning, Building and Code
Enforcement has determined that all drainage facilities and common area and off -site
improvements in the workable phase of the site and necessary for development of the phase in
the approved construction plan in which the lots or structures are located are completed, to the
extent that the lots or structures are accessible and able to support development.
5. The developer shall participate in any Design Review Committee ( "DRC ") or similar body
processes in place at the City at the time development and construction plans for the clubhouse,
golf course, and related facilities are submitted to the City.
T. TRAILS PLAN AND PUBLIC AMENITIES IMPLEMENTATION
1. The developer shall be responsible for implementation and construction of all amenities detailed
in the Public Amenities Plan as required per Condition F.3 above, and Condition G.1 of Resolution
No. 96 -75. Construction of the public amenities shall coincide with the project grading activity and
shall be completed upon certification of rough grading.
2. The existing remnant from the World War II facility located at the Halfway Point Park shall be
preserved as a part of the Public Amenities Plan. A plaque commemorating the facility and
describing its uses shall be placed at the location.
3. Dedication of the public trail and open space lots shall occur at the time the Final Map is recorded.
Resolution No. 2004 -29
Exhibit A
Page 14 of 15
4. Construction of the public trails and improvements required in the Public Amenities Plan shall be
the obligation of the developer. Construction shall coincide with the project grading activity and
shall be completed upon certification of rough grading. Dedication of the public trails shall occur
at the time any Final Map is recorded.
U. MITIGATION MEASURES
1. The development shall comply with all mitigation measures of Environmental Impact Report No.
36. Where more restrictive language appears in these conditions of approval, the more restrictive
language shall control.
2. All costs associated with implementation of the Mitigation Monitoring Program shall be the
responsibility of the Developer, and /or any successors in interest.
Resolution No. 2004 -29
Exhibit A
Page 15 of 15