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CC RES 2004-031RESOLUTION NO. 2004 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 50667 FOR A RESIDENTIAL PLANNED DEVELOPMENT ON A 107.5 ACRE SITE WITH THIRTY -SIX (36) SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE IN CONNECTION WITH REVISION "V" TO THE OCEAN TRAILS PROJECT 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 -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 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; and, 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 -749 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, 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 Resolution No. 2004 -31 Page 2 of 10 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 -58 approving Revision "F" to the Ocean Trails project which involved and amendment to Vesting Tentative Tract Map No. 50667 to modify the configuration of Streets "C" and "D" and Lot Nos. 1 through 13 to accommodate the final location of the Foundation Setback Line; 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 "1" 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 by permitting a basement space; 8), withdrawn by applicant; and 9), revise the hours permitted for golf course landscape gardening; and, and, WHEREAS, on October 12, 1999, Final Map No. 50667 was recorded with the County of Los Angeles; Resolution No. 2004 -31 Page 3 of 10 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 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 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, 2004, 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, 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. Resolution No. 2004 -31 Page 4 of 10 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 reference, the Final EIR No. 36, the Supplemental EIR, the second Supplemental EIR, Addenda Nos. 1, 2, 3, 41 51 61 71 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). Resolution No. 2004 -31 Page 5 of 10 Section 3: That the creation of thirty -six (36) single - family residential lots, golf course with related improvements and public open space, as conditioned, is consistent with the City's General Plan and Coastal Specific Plan. 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 designates 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. The Coastal Specific Plan land use map shows the following general uses for the project site: (a) Residential (with a maximum density of one dwelling unit per acre) for the vast majority of the property, (b) Hazard areas along the bluffs, the natural drainage course and in certain portions north of Paseo del Mar with extreme slopes (greater than 35% in steepness), (c) a floating Retail Commercial area, and (d) Recreational parking. The text of the Coastal Specific Plan expressly permits visitor - serving uses, such as a golf course, subject to satisfaction of the requirements for granting a conditional use permit under the Development Code. With 36 residential units on approximately 37.6 acres, the density is slightly below one dwelling unit per acre and, therefore, consistent with the General Plan and Coastal Specific Plan. Section 4: That the creation of thirty -six (36) single - family residential lots, common open space, a public golf course, and public open space, as conditioned, is consistent with the City's Development Code for projects within the RS -1 zoning district under a Residential Planned Development. In addition, a minimum of 30 percent of the site will be maintained within the residential development as common open space, exclusive of the golf course. The 36 -Lot Revised Site Plan does not contemplate construction of any structures on land with slopes in excess of 35 %, or on land currently zoned Open Space Hazard. The majority of the subject property is zoned RS -1 (Residential Planned Development) with the bluff face and the natural drainage course and certain areas north of Paseo del Mar being zoned as Open Space Hazard (OH). In compliance with the requirements of the OH zoning district, the applicant will not construct any permanent habitable structures on land that is zoned Open Space Hazard. The RS -1 (RPD) zone requires a conditional use permit for any type. of development (§ 17.06.050) and expressly permits single - family residential development and any other uses permitted under Chapter 17.02, including conditionally - permitted uses under Chapter 17.56, such as golf courses. (§ 17.06.030). Accordingly, under Chapter 17.06 and Section 17.56.020 of the Development Code, residential development and a golf course and related facilities are permissible uses, subject to a conditional use permit. The necessary findings with respect to the conditional use permits required in connection with the Residential Planned Development and golf course are contained in Resolutions Nos. 96 -75 and 96 -76 and amendments thereto, respectively. Furthermore, the residential portion of the project provides in excess of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible for viewing and access by the general public from public roads and walkways and preserves views to the coast. Section 5: That the combination of the vacation of the central portion of Paseo del Mar and the realignment of Paseo Del Mar as a long bluff road cul -de -sac taking access off of Palos Verdes Drive South as provided in related applications is consistent with Coastal Specific Plan Subregion 7 Policy No. 16, which states that " Paseo del Mar shall be improved to provide access to residential development and consideration shall be given to relocating Paseo del Mar southward or exchanging it for another access route closer to the bluff edge." The intent of Coastal Specific Plan, Subregion 7, Policy 19 is further satisfied by the provision of an 8.9 acre Bluff Top Public Access Corridor with a minimum width of one hundred (100) feet located along the bluff top between Half Way Point Park and Shoreline Park. The City Council finds that the Bluff Top Public Access Corridor is similar in average width and area to any coastal bluff road which would otherwise be constructed, if geologically feasible, pursuant to Coastal Specific Plan, Subregion 7, Policy 19. Resolution No. 2004 -31 Page 6 of 10 Section 6: That the golf course and related uses are consistent with Coastal Specific Plan, Subregion 7, Policy 7 which states: "Ensure that any proposed commercial activity responds to the needs of the coastal residents and shall not be of an intensity which would purposefully generate a service area external of the coastal region." The City Council finds that the intent of the above policy is to limit traditional commercial development (such as retail and office uses) so as not to create a service area external to the coastal region and that such policy is not intended to apply to commercial recreational uses, which are encouraged by the General Plan and Coastal Specific Plan. The City Council's interpretation of this policy is consistent with other policies in the Coastal Specific Plan and with Resolution No. 82 -24, which adopted Coastal Specific Plan Amendment No. 1 and specifically authorized visitor - serving uses, such as golf, in Subregion 7. Section 7: That the trails plan as shown in the revised "Site Plan for Conditional Use Permit Amendment Map No. 2" (dated June 19, 1996) submitted by the applicants is consistent with the Coastal Specific Plan requirements relating to trails. Section 8: That the golf course and related uses are consistent with Coastal Specific Plan policy and Section 17.06.040.C.8 of the Development Code, which require the area seaward of corridor improvements to be improved and either dedicated or permanently maintained through deed restriction for public use. Section 17.06.040.C.6 of the Development Code permits the preservation of open space by dedication, deed restriction or other appropriate methods approved by the City. In compliance with these provisions and policies, the East and West Bluff Preserves, Half Way Point Park, Half Way Point Preserve, the Bluff Top Public Access Corridor, the Bluff Top Wildlife Corridor (located between the West Bluff Preserve and Half Way Point Park) and the public paths, trails, parking and recreational areas associated with these public open space areas will be improved by the applicants and offered to the City for dedication. Furthermore, the golf course area will be improved by the applicants and permanently maintained through deed restriction for public use. The City Council specifically finds that the deed restriction on the golf course land constitutes permanently maintained public open space. Neither the Coastal Specific Plan nor Development Code expressly prohibit active public recreational uses, or require only passive public uses, for the area seaward of the conceptual bluff road. Section 9: For purposes of the Subdivision Map Act, the design of the subdivision, golf course, or the related improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat based on compliance with the City's Development Code, General Plan and Coastal Specific Plan and consideration of information contained in Draft, Supplemental, and Addenda of Environmental Impact Report No. 36. The City Council acknowledges that there is the difference between the term "significant impact" under CEQA and the term "substantial environmental damage" under the Subdivision Map Act. Draft EIR No. 36, Supplement to EIR No. 36, Second Supplement to EIR No. 36, and Addendum Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 147 15, 16 and 17 to EIR No. 36 are required to base environmental findings on "worst case" basis. As a result, the Final EIR and Addendum No. 1 EIR conclude that significant impacts to biological resources remain after mitigation because of the loss of raptor foraging area and because of the temporal loss of Coastal Sage Scrub. Even with the 2:1 replacement of existing viable Coastal Sage Scrub and the other mitigation measures contained in the Final EIR and Addendum no. 1 to EIR No. 36, the temporal loss of Coastal Sage Scrub, which serves as natural habitat for the California gnatcatcher, is considered significant due to the uncertainty that this species will be able to re- occupy the site after replacement of the Coastal Sage Scrub. These environmental findings are primarily the result of grading for the golf course, which itself has already been minimized through its links -type design. These specific findings and a corresponding statement of overriding considerations are contained in Resolution No. 92 -115, which is hereby incorporated by reference. With the mitigation measures adopted by the City pursuant to Resolution No. 92 -115, and recommended to be revised pursuant to Resolution No. 96 -72, the project will not result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat under the Subdivision Map Act. However, even assuming that the project did result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, such damage or injury would be caused primarily by grading for the golf course. The elimination of the golf course is not feasible because it would not satisfy an important objective of the project: to provide visitor - serving public recreational uses, which objective is encouraged by policies in the Coastal Specific Plan. For this reason, this alternative or Resolution No. 2004 -31 Page 7 of 10 mitigation measure has been rejected by the City Council. Pursuant to Resolution No. 92 -115, the City has made a finding of infeasibility with respect to elimination of the golf course. Section 10: That the subject property is physically suitable to accommodate the revised Vesting Tentative Tract Map No. 50667, as conditioned, in terms of design and density. Section 11: That the creation of the lots, single family residential dwelling units, golf course, public open space, and related improvements will not be materially detrimental to property values, nor will it jeopardize, endanger, or otherwise constitute a menace to the surrounding areas, since physical improvements, dedications and maintenance agreements are required. Section 12: The City Council has considered the effect of the revised tract map on the housing needs of the region as set forth in the City's Housing Element, and balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, and finds that the revised tract map help to achieve those housing needs without unreasonably burdening the public service needs of existing residents and available fiscal and environmental resources. Section 13: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and /or public utility rights -of -way and /or easements within the tract. Section 14: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). Section 15: That the design of the residential subdivision, golf course and associated improvements are not likely to cause serious public health problems. Section l 6: That the design of the residential subdivision, golf course, and the type of improvements associated with them, will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Further, public trail easements which are consistent with the policies of the General Plan and the Coastal Specific Plan are required as a condition of this approval. Section 17: That the design of the revised vesting tentative tract map provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Section 18: That the revised vesting tentative tract map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. Section 19: That dedications required by local ordinance are shown on the tentative map and /or are set forth in the conditions of approval as previously approved. Section 20: That the City considered the effect of approval of the residential subdivision on the housing needs of the region in which the City is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Section 21: That as a result of the proposed modifications to the conditions of approval shown below in Section 24 and in the attached Exhibit A, as approved by the City Council through Revision "V ", there are changes in circumstances to the project which make the current conditions of VTTM No. 50667 no longer appropriate or necessary. These modifications do not impose any additional burden on the present fee owner of the property, nor do they alter any right, title or interest in the real property reflected on the recorded Map No. 50667. Section 22: 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 VTTM No. 50667. Resolution No. 2004 -31 Page 8 of 10 Section 23: 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 24: 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" to VTTM No. 50667, amending conditions A -10 and 1 -3, as shown below (str*ke for text removed and bold underline for text added) and 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. Condition A -10 shall be revised as follows: A -10. In conjunction with Vesting Tentative Tract Map 50666, 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 at the tome when 50 ° . 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 Rep, ort_ 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). Condition 1 -3 shall be revised as follows: 111 -3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map, whichever occurs first and shall include a minimum fourteen (14) foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum ten (10) foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Construction on the improvements noted above shall be completed by I eyembw 1 7 200.2 prior to issuance of building permits for any residential structures or prior to the opening of the 18 -hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancv for any residential structures or prior to the opening of the 18 -hole golf course, whichever occurs first. Additionally, the developer shall be responsible for the design and re- construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. Prior to June 1, 2002 or in conjunction with the construction of Phase 2 of Palos Verdes Drive South, whichever occurs first, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re;- construction. The re- construction shall be completed by November 1, 2002. Resolution No. 2004 -31 Page 9 of 10 Further, subject to review and approval by the Director of Public Works, the developer shall be responsible for resurfacing of portions of La Rotonda Road. The re- surfacing shall begin by October 17 2001 and shall be completed by November 1, 2001. Nothing in this Condition 1 -3 shall preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South (25th Street) from La Rotonda Drive to the eastern City limits pursuant to Condition 1 -5 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer (the "Engineer ") to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and non - appealable. If the Engineer determines that the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended Condition 1 -3. The amount of credit shall be equal to the difference between (1) the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road." PASSED, APPROVED, and ADOPTED this 20th At t: C4yv lerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004- 31 was duly and regularly passed and adopted by the said City Council at a regular meeting held on April 20, 2004. ,-_� Resolution No. 2004 -31 Page 10 of 10 RESOLUTION NO. 2004-31 EXHIBIT "A" VESTING TENTATIVE TRACT MAP NO. 50667 - REVISION "V" CONDITIONS OF APPROVAL A. GENERAL 1. Within thirty (30) days of approval of Revision "V" to the Vesting Tentative Tract Map, 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 City's fee for processing a Final Map shall be paid within six (6) months of approval of the Vesting Tentative Tract Map by the last responsible public agency. 3. All residential lots shall conform to the applicable minimum development standards as specified in Resolution No. 96 -75 for Conditional Use Permit No. 162, and Resolution No. 96 -77 for Grading Permit No. 1541. 4. The golf course and all related improvements shall conform to the applicable development standards and conditions as specified in Resolution No. 96 -76 for Conditional Use Permit No. 163, and Resolution No. 96 -77 for Grading Permit No. 1541, which are hereby incorporated herein by reference. 5. Pursuant to Development Code Section 17.67.090, this approval expires twenty -four (24) months from the date that the Coastal Permit associated with this Vesting Tentative Tract Map is approved by the last responsible agency, unless the Final Map has been recorded. Three extensions of up to one (1) year each may be granted by the Planning Commission, if requested in writing prior to expiration. 6. The developer shall supply the City with one mylar and one print of the recorded Final Map within thirty (30) days of the recordation of the Final Map. 7. 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. 8. In conjunction with Vesting Tentative Tract Map 50667, 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). 9. 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 A.8 above, shall be allowed to exceed the one dwelling unit per buildable acre maximum. However, in no event shall Resolution No. 2004 -31 Exhibit A Page 1 of 14 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. 10. In conjunction with Vesting Tentative Tract Map 50666, 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). B. SUBDIVISION MAP ACT 1. Prior to recordation of the Final Map, pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from all affected departments and divisions, including a clearance from the Director of Public Works for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc. C. COUNTY RECORDER 1. If signatures of record or title interests appear on the Final Map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the Final Map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest holders. 2. The account for the preliminary title report guarantee referenced in Condition C.1, should remain open until the Final Map is filed with the County Recorder. D. 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 be present during all rough grading operations to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Planning, Building and Code Enforcement. 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 findings, 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 to further evaluate pre- historic resources on the site. If paleontological resources are found, all work in the affected areas shall be temporarily Resolution No. 2004 -31 Exhibit A Page 2 of 14 suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Environmental Resources. 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 findings, if any. E. BIOLOGY 1. Prior to issuance of grading permits, or prior to recordation of the Final 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 a 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 E.1 above. F. SEWERS 1. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division. 2. If, because of future grading, or for other reasons, it is found that the requirements of the Plumbing Code cannot be met on certain lots, no building permit will be issued for the construction of homes on such lots. 3. Sewer easements are tentatively required, subject to review by the Director of Public Works to determine the final locations and requirements, prior to the recordation of the Final Map. 4. Prior to commencement of construction of the sewer system in each approved phase of the project, the developer shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division. 5. Prior to approval of the Final Map, the developer shall submit to the Director of Planning, Building and Code Enforcement a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and shall state that the County is willing to maintain all connections to said trunk lines. 6. Prior to the recordation of the Final Map or issuance of building permits, whichever occurs first, the developer shall post a bond, cash deposit, or other City approved security to cover costs for construction of a sanitary sewer system, in an amount to be determined by the Director of Public Works. G. WATER 1. There shall be filed with the Director of Public Works a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be required prior to recordation of the Final Map. Resolution No. 2004 -31 Exhibit A Page 3 of 14 2. Prior to recordation of the Final Map or prior to the commencement of work on the water system serving the site, whichever occurs first, the developer must submit a labor and materials bond in an amount to be determined by the Director of Public Works in addition to either: a. An agreement and a 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 subdivider has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system. 3. A statement from the water purveyor shall be filed with the Director of Public Works 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 developed tracts. Said statement shall be required prior to recordation of the Final Map. 4. At the time the final subdivision improvement plans are submitted for checking, plans and specifications for the water system facilities shall be submitted to the Director of Public Works for checking and approval and shall comply with the Director of Public Work's standards. Approval for filing of the Final Map is contingent upon approval of the plans and specifications mentioned above. 5. All lots and golf course facilities shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division. 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 Chief is required prior to recordation of the Final Map. The developer shall be responsible for installation of any fire hydrants or other improvements required by the Los Angeles County Fire Department at the time the public streets are constructed. 6. 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 G.5. H. DRAINAGE 1. Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work on the drainage system within each approved phase of the project, whichever occurs first: a. Provide drainage facilities in accordance with the Storm Water Pollution Prevention Plan 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 the buildings, with all openings in the foundation walls to be at least twelve inches above the finished pad grade. C. Provide drainage facilities to protect the residential lots and golf course from high velocity scouring action. Resolution No. 2004 -31 Exhibit A Page 4 of 14 d. Provide for contributory drainage from adjoining properties. e. Redirect high flow runoff away from the natural drainage courses and retain low flows to maintain adequate soil moisture conditions. 2. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, telephone (310) 435 -7741, shall be notified a minimum of two (2) weeks prior to commencement of work within the natural drainage courses crossing the site. 3. The U.S. Army Corps of Engineers shall be contacted prior to alteration of any drainage courses on -site to determine jurisdiction and permit requirements, if any, with respect to Section 404 of the Clean Water Act (as amended 1984). 4. All storm drain facilities shall be designed prior to recordation of Final Map and constructed where feasible so as to be accepted for maintenance by the Los Angeles County Public Works Department, Flood Control Division, subject to review and approval by the Director of Public Works. All facilities not in accepted by the County shall comply with Condition H.5. 5. The owners of the golf course parcels, and any successors in interest, shall maintain to the City's reasonable satisfaction all drainage outlet structures that are not accepted for maintenance by the Los Angeles County Public Works Department Flood Control Division, that carry storm water generated by, or passing through, the residential or golf course areas on the site to the ocean. Prior to recordation of either Final Map No. 50666 or No. 50667, subject to review and approval by the City Attorney and the Director of Planning, Building and Code Enforcement, a Declaration of Restrictions to this effect shall be recorded against the golf course parcels of the tract. In addition, a maintenance bond in an amount satisfactory to the City shall be provided to ensure that the drainage improvements shall be maintained to City's reasonable satisfaction until such time as the 18 hole golf course opens to the public and becomes fully operational and is able to undertake said maintenance. 6. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of earth tone color and shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of grading permits. 7. Prior to the issuance of grading permits, or prior to recordation of a Final Tract Map, whichever occurs first, the developer shall submit an Storm Water Pollution Prevention Plan. The post - construction Storm Water Pollution Prevention Plan shall be reviewed and approved by the Planning Commission. The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post- construction Best Management Practices (BMPs) to: a. Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies; b. Maximize to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground; C. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas; d. Minimize, to the maximum extent practicable; parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping; Resolution No. 2004 -31 Exhibit A Page 5 of 14 e. Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil; and f. Provide for appropriate permanent_ controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable. Further, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. The pre- construction Storm Water Pollution Prevention Plan shall be reviewed and approved by the Director of Public Works. These practices should: a. Include erosion and sediment control practices; b. Address multiple construction activity related pollutants; C. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning; d. Target construction areas and activities with the potential to generate significant pollutant loads; e. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity; f. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties; g. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site; and h. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at construction sites, unless treated to remove sediments and pollutants. STREETS 1. Prior to recordation of the Final Map or commencement of work on the street system for the site, whichever occurs first, the developer shall post a bond, cash deposit, or other City- approved security to cover costs for the full improvements of all proposed on -site and off -site streets and related improvements, in an amount to be determined by the Director of Public Works. The bonding for said improvements may be posted in conjunction with the phasing plan as per Resolution No. 96 -75 for Conditional Use Permit No. 162, Condition B.1. 2. The proposed on -site streets shall be dedicated for public use on the Final Map and designed to the satisfaction of the Director of Public Works. Prior to recordation of the Final Map, the developer shall submit design specifications for the on -site streets to the Director of Public Works for approval, pursuant to the following specifications: a. "A" and "D" Streets shall be a minimum of thirty four (34) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of four (4) feet on the northerly side of the street and eight (8) feet on the southerly side of the street. The total right -of- way width shall be forty six (46) feet. The final map shall reflect these standards. Resolution No. 2004 -31 Exhibit A Page 6 of 14 b. "B" and "C" Streets shall be a minimum of forty (40) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of eight (8) feet on each side. The total right -of -way width shall be fifty six (56) feet. The final map shall reflect these standards. C. A public off - street parking area shall be provided on the southerly side of Palos Verdes Drive South and west of "A" Street. Said parking area shall be at the same grade as Palos Verdes Drive South, shall contain a minimum of six (6) parking spaces, and one (1) parking space shall be reserved for handicapped use. The design of the off - street parking area and any time restrictions shall be submitted for review and approval by the Director of Public Works. Parking and access to this area shall be prohibited after dusk. d. A public parking area shall be provided at the terminus of La Rotonda Drive, on the western side of the cul -de -sac. Said parking area shall contain a minimum of fifty (50) parking spaces and five (5) spaces shall be reserved for handicapped use. Construction of the parking area may be phased, with twenty five (25) spaces and a public rest room facility constructed immediately following the rough grading operations for the golf course and the remaining twenty five (25) spaces (if deemed necessary, based on public patronage of the first phase parking area, by the Director of Public Works and the Executive Director of the Coastal Commission) constructed prior to the completion of the finished grading for the residential lots. The design of the parking area, the public rest room facility and any time restrictions shall be submitted for review and approval by the Director of Public Works. Public parking and access to this area shall be prohibited after dusk. e. An area for public use as an off - street bicycle rest stop shall be provided in the public right -of -way along the north side of Palos Verdes Drive South between Palos Verdes Drive East and Seacliff Drive, which is located outside the Coastal Zone. No vehicular parking shall be permitted at this rest stop. The design of the area shall be implemented in conformance with proposals by the Seacliff Hills Homeowner's Association as part of the Public Amenities Plan for the tract. The final design of this area is subject to the review and approval by either the City Council or by the Planning Commission as part of the Public Amenities Plan required by Condition G.1 of Resolution No. 96 -75 and Condition T.1 of Resolution No. 96 -76. f. All streets shall have a vertical type curb. The developer may request roll type curbs, subject to the review and approval of the Director of Public Works. g. Handicapped access ramps which conform to all standards and specifications in Title 24 of the Uniform Building Code shall be provided at all sidewalks and at all locations where public trails intersect with streets and /or sidewalks in or adjacent to the subject development. h. Cul -de -sacs, including La Rotonda Drive, shall be designed to the specifications of the Director of Public Works. Street and traffic signs shall be placed at all intersections and /or corners as specified by the Director of Public Works, conform to City Standards, and shall be shown on a signage and striping plan to shall be attached to the street plans. j. Sidewalks, where required, shall be concrete, a minimum of four (4) feet wide, and located adjacent to the curb. Resolution No. 2004 -31 Exhibit A Page 7 of 14 k. All proposed streets shall be designed in substantially the same alignment as shown on Vesting Tentative Tract Map No. 50667 revised July 31, 1996, except as otherwise required in these conditions. 3. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map, whichever occurs first and shall include a minimum fourteen (14) foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum ten (10) foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Construction on the improvements noted above shall be completed prior to issuance of building permits for any residential structures or prior to the opening of the 18 -hole golf course, whichever occurs first. Landscape improvements shall be completed prior to issuance of a Certificate of Occupancy for any residential structures or prior to the opening of the 18 -hole golf course, whichever occurs first. Additionally, the developer shall be responsible for the design and re- construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. Prior to June 1, 2002 or in conjunction with the construction of Phase 2 of Palos Verdes Drive South, whichever occurs first, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re- construction. The re- construction shall be completed by November 1, 2002. Further, subject to review and approval by the Director of Public Works, the developer shall be responsible for resurfacing of portions of La Rotonda Road. The re- surfacing shall begin by October 1, 2001 and shall be completed by November 1, 2001. Nothing in this Condition 1 -3 shall preclude the City from requiring the Developer to contribute to tr the cost of reconstructing Palos Verdes Drive South (25 Street) from La Rotonda Drive to the eastern City limits pursuant to Condition 1 -5 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer (the "Engineer ") to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and non - appealable. If the Engineer determines that the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended Condition 1 -3. The amount of credit shall be equal to the difference between (1) the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road. Resolution No. 2004 -31 Exhibit A Page 8 of 14 4. Prior to the issuance of building permits for the first residence within Tract No. 50666 or Tract No. 50667, whichever occurs first, the project shall contribute to the installment of the following street improvements based on a "fair share" of the cost as determined by the Director of Public Works, which will be allotted only to new traffic: a. Construction of a second westbound left -turn lane at the intersection of Hawthorne Boulevard and Palos Verdes Drive West. b. Construction of a second eastbound left -turn lane and a second southbound right -turn lane at the intersection of Western and 25 Street, if approved by the City of Los Angeles. The developer shall be responsible for contacting the appropriate agencies in the City of Los Angeles and shall provide necessary documentation to the City of Rancho Palos Verdes Director of Public Works, including a letter of approval from the City of Los Angeles, for determination of the project's fair share of the cost for improvements to the above intersection. 5. The developer shall be responsible for repairs to any public streets which may be damaged during development of the tract. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City- approved security, in an amount sufficient to cover the costs to repair any damage to streets and appurtenant structures as a result of this development. 6. The developer shall pay traffic impact fees prior to recordation of the Final Map in an amount determined by the Director of Public Works upon the completion of all on -site public improvements, including, but not limited to, streets, drainage, and utility improvements. 7. Unless already dedicated to the City, the developer shall dedicate to the City vehicular access rights to Palos Verdes Drive South and La Rotonda Drive. A note to this effect shall be placed on the Final Map. 8. Prior to the issuance of building permits for the first residence within Tract No. 50666 or Tract No. 50667, whichever occurs first, the developer shall post a security, bond, or cash deposit acceptable to the City in an amount to be determined by the Director of Public Works to cover the project's fair share of the cost of signalizing the intersection of Palos Verdes Drive South and Forestall Drive at Paseo Del Mar, and the intersection of Palos Verdes Drive South and La Rotonda Drive. 9. Prior to recordation of the Final Map access to Lots 24, 25, 35 and 36 shall be provided by a pole for each lot with a minimum width of twelve (12) feet and access shall be via a shared private driveway, with a maximum width of twenty four (24) feet. A note to this effect shall be placed on the Final Map 10. Prior to recordation of the Final Map or the issuance of grading permits, whichever occurs first, the developer shall process an application for vacation of the portions of the street right -of -way along Paseo del Mar which are to be developed for golf course uses, with the exception of the portion of the undeveloped Paseo del Mar right -of -way seaward of the Ocean Terraces Condominiums, which shall be retained for emergency fire access purposes, pursuant to Condition 1.11. 11. Prior to the acceptance of the street improvements by the City, the developer shall construct a paved emergency fire access road in the undeveloped portion of the Paseo del mar right -of -way in compliance with the plan reviewed and approved by the Los Angeles County Fire Department. The Director of Planning, Building and Code Enforcement shall work with the Los Angeles County Fire Department to determine the final material used for the all- weather road surface in order to Resolution No. 2004 -31 Exhibit A Page 9 of 14 discourage use of this emergency fire access road by unauthorized users (such as bicyclists, golfers and roller skaters). J. UTILITIES 1. All utilities to and on the lots and golf course shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developer's expense. K. GEOLOGY 1. Prior to recordation of the Final Map or prior to issuance of grading permits, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the Director of Public Works. 2. Prior to recordation of the Final Map or prior to issuance of grading permits, whichever occurs first, a bond, cash deposit, or other City- approved security, shall be posted to cover the costs of grading in an amount to be determined by the Director of Public Works. L. EASEMENTS 1. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication or other easements until after the Final Map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Map. 2. Prior to the recordation of the Final Map, the developer shall submit design specifications for construction of bike lanes on Palos Verdes Drive South and pedestrian and bicycle trails within the boundaries of the project site for review and approval by the Directors of Planning, Building and Code Enforcement, Public Works, and Recreation and Parks, as well as the City's Recreation and Parks Committee. 3. All easements are subject to review by the Director of Public Works to determine the final locations and requirements. 4. Palos Verdes Drive South On- Street Bicycle Lanes: As part of the roadway improvement required by Condition 1.3, the developer shall construct to Conceptual Trails Plan standards, a Class II bicycle land on both the north and south side of Palos Verdes Drive South. These bicycle lanes shall connect with the bicycle lanes required along the Palos Verdes Drive frontage of Vesting Tentative Tract Map No. 50666. (Cross reference California Coastal Commission, Special Condition 3.13.1) 5 La Rotonda Drive On- Street Bicvcle Lanes: The developer shall construct to Conceptual Trails Plan standards, a Class II bicycle lane on both sides of La Rotonda Drive, from Palos Verdes Drive South to the terminus of the cul -de -sac. These bicycle lanes shall connect with the Class II bicycle lanes on Palos Verdes Drive South required above in Condition LA. (Cross reference California Coastal Commission, Special Condition 3.13.2) 6. Palos Verdes Drive.South Off -Road Bicycle, Path: As part of the roadway improvements required above by condition 1.3, the developer shall construct to Conceptual Trails Plan standards, a Class 1 off -road bicycle path on the south side of Palos Verdes Derive South, along the entire length of Resolution No. 2004 -31 Exhibit A Page 10 of 14 the tract frontage. This path shall have a minimum trail width of eight (8) feet and an easy to intermediate level of difficulty. This path shall be separated as much as possible from the roadway by a grade change and /or landscaping. This bicycle path shall connect with the bicycle path required along the Palos Verdes Drive frontage of Vesting Tentative Tract No. 50666. (Cross reference California Coastal Commission Special Condition 3.13.3). 7. Palos Verdes Drive South Pedestrian Trail: As part of the roadway improvements required above by Condition 1.3, the developer shall construct to Conceptual Trails standards, a pedestrian trail on the south side of Palos Verdes Drive South, between the roadway and the bicycle path described above in Condition L.6, along the entire length of the tract frontage on Palos Verdes Drive South. This trail shall a soft - footed pedestrian path with a minimum tread width of four (4) feet and an easy to intermediate level of difficulty and be separated as much as possible from the roadway by a grade change and /or landscaping. This pedestrian trail shall connect with the pedestrian trail required along the Palos Verdes Drive South frontage of Vesting Tentative Tract Map No. 50666. (Cross reference California Coastal Commission, Special Condition 3.B.4). 8. Paseo Del Mar Off -Road Bicycle Path: The developer shall construct to Conceptual Trails Plan standards a Class I off -road bicycle path with a minimum tread width of eight (8) feet and an intermediate level of difficulty beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side of Paseo Del Mar to the tract boundary and south of the golf course maintenance facility, within Common Open Space Lot D and Golf Course Lot Nos. 37 and 38. This path shall be separated as much as possible from the roadway by a grade change and landscaping. This path shall connect with the off -road bicycle path required along the east side of Paseo Del Mar in Vesting Tentative Tract Map No. 50666. 9. Paseo Del Mar Pedestrian Trail: As part of the roadway improvements required by Condition 1.2, the developer shall construct to Conceptual Trails Plan standards, a four (4) foot wide pedestrian trail with an intermediate level of difficulty, beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side on Paseo Del Mar to the tract boundary. This trail shall be separated as much as possible from the roadway by a grade change and /or landscaping. This trail shall connect with the trail described in Condition L.6 and L.15. (Cross Reference California Coastal Commission, Special Condition 3.A.9) 10. Palos Verdes Drive South Overlook /La Rotonda Drive Parma Lot Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a pedestrian trail with a minimum tread width of two (2) feet and an intermediate to challenging level of difficulty beginning on the east side of the vehicular turn out on Palos Verdes Drive South required in Condition 1.2.c, running east through Golf Course Lot No. 38 to the west fork of La Rotonda Canyon and then through Common Open Space Lot C and Golf Course Lot No. 38 along the east side of the Hole No. 5 tees to La Rotonda Drive and then along the north side of La Rotonda Drive to its terminus at the La Rotonda Drive Parking Lot. This trail may be combined with the golf course cart path that traverses east of Hole No. 4 to Hole No. 5 tees and shall connect to the pedestrian trails required in Conditions L.7 and L.17 in Vesting Tentative Tract Map No. 50666. (Cross reference California Coastal Commission, Special Condition 3.B.5) 11. Bluff Top Activity Corridor Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft - footed pedestrian trail with a maximum tread width of two (2) feet and an easy to challenging level of difficulty beginning on the east side of the bluff top La Rotonda Canyon bridge, then east along the bluff top through Golf Course Lot No. 38 and then northeast through portions of Lot G (East Bluff Preserve) and Common Open Space Lot H to Street "D ". A barrier to prevent the use of the trail by bicycles and motorized vehicles shall be erected at the entrances to the trail at La Rotonda Canyon, at the trail head at Street "D ". Signs identifying the trail as crossing through a sensitive habitat area and prohibiting use of the trail by bicycles and motorized vehicles shall be placed on or near each barrier. This trail shall connect to the bluff top Resolution No. 2004 -31 Exhibit A Page 11 of 14 pedestrian trail located in Vesting Tentative Tract Map No. 50666. (Cross reference California Coastal Commission, Special Condition 3.B.8) 12. Shoreline Park Access Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft - footed pedestrian trail connecting the bluff top pedestrian trail required above in Condition L 11, through Lot G (East Bluff Preserve) to the two existing trails in Los Angeles County Shoreline Park. (Cross reference California Coastal Commission, Special Condition 3.13.9) 13. East End Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft - footed pedestrian trail with a minimum tread width of two (2) feet and an easy to challenging level of difficulty beginning on Palos Verdes Drive South in the extreme northeast corner of the tract, extending south through Lot H (East Bluff Preserve) adjacent to the rear property lines of residential Lot Nos. 1 through 5, then east to connect with the bluff top pedestrian trail required in Condition L.11. The trail shall connect with Street "D" between Lot Nos. 5 and 6. A barrier to prevent the use of the trail by bicycles and motorized vehicles shall be erected at both entrances to the trail on Palos Verdes Drive South and Street "D ". Signs identifying the trail as crossing through a sensitive habitat area and prohibiting use of the trail by bicycles and motorized vehicles shall be placed on or near each barrier. 14. The developer shall be responsible for the construction of all public trails specified in Conditions LA through L.13 and shall provide a bond, or other money surety for the construction of such public trails in an amount to be determined by the Director of Public Works. Construction of said trails shall coincide with the rough grading activity within each workable phase and shall be completed upon acceptance of all street improvements by the City. Dedication of the public trails shall occur at the time the Final Map is recorded. 15. The developer shall dedicate to the City of Rancho Palos Verdes and record on the final map a lateral public access easement for passive recreational use from the twenty -five (25) foot contour line seaward to the tract boundary. 16. Where pedestrian trails or bicycle paths are located within a common open space lot which is not required to be dedicated to the City of Rancho Palos Verdes or a golf course lot, the developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map an easement for public trail purposes. Bicycle path easements shall have a minimum width of twelve (12) feet and pedestrian trail easements shall have a minimum width of six (6) feet. Where pedestrian trails and bicycle paths are parallel to each other, the required easements may be combined into a single easement as follows: 1) the minimum separation between the adjacent tread widths shall be three (3) feet; 2) the combined easement shall be a minimum of eighteen (18) feet where there is a four (4) foot wide pedestrian tread width and a minimum of nineteen (19) feet where there is a five (5) foot pedestrian tread width (bicycle tread width is eight (8) feet in all cases). 17. Where pedestrian trails and /or bicycle paths are combined with golf cart paths, safety measures in addition to signage shall be explored in order to minimize conflicts between pedestrian /bicyclist and golf carts. Measures that may required by the Director of Public Works may include, but are not limited to the addition of lane striping. If safety problems arise once the pedestrian trails, bicycle paths and golf cart paths are operational, the Planning Commission may impose additional requirements, including requiring that the pedestrian trails and /or bicycle paths not be combined with golf cart paths. M. SURVEY MONUMENTATION Resolution No. 2004 -31 Exhibit A Page 12 of 14 1. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof, shall be posted to cover costs to establish survey monumentation, in an amount to be determined by the Director of Public Works. 2. Within twenty-four (24) months from the date of recordation of the Final Map, the developer shall set remaining required survey monuments and center line tie points and furnish the center line tie notes to the Director of Public Works. 3. All lot corners shall be referenced with permanent survey markers in accordance with City Municipal Code. The survey markers shall be inspected and accepted by the City prior to the release of the bond referenced in Condition M.1. N. ,STREET NAMES AND NUMBERING 1. Any street names and house numbering plans shall be provided to the City by the developer for approval by the Director of Public Works prior to the recordation of the Final Map. O. PARK AND OPEN SPACE DEDICATION AND MAINTENANCE 1. Prior to recordation of the Final Map, the developer shall pay to the City of Rancho Palos Verdes, dedicate land, or a combination thereof to satisfy requirements of the Quimby Act. The land value used to calculate the fee shall be determined through a M.A.I. appraisal prepared and provided to the City within 60 days of City approval of the project. 2. The owners of the golf course parcels, and any successors in interest, shall maintain to the City's reasonable satisfaction all public parks, trails and open space areas (Lots A, B, C, D, E, G, H, and J). Prior to recordation of either Final Map No. 50666 or No. 50667, subject to review and approval by the City Attorney and the Director of Planning, Building and Code Enforcement, a Declaration of Restrictions to this effect shall be recorded against the golf course parcels of the tract. In addition, a maintenance bond in an amount satisfactory to the City shall be provided to ensure that said items shall be maintained to City's reasonable satisfaction until such time as the 18 hole golf course opens to the public and becomes fully operational and is able to undertake said maintenance. 3. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map Lots D, G, I, K and the La Rotonda parking lot as public open space. Lot D (East Vista Park) shall be a minimum of 1.2 acres in size. Lot G (East Bluff Preserve) shall be a minimum of 7.7 acres in size. Lot I (Coastal Bluff Dedication) shall be a minimum of 10.1 acres in size. Lot K (Bluff Top Activity Corridor) shall be a minimum of 4.5 acres in size. The La Rotonda parking lot shall be a minimum of 0.2 acres in size. 4. Prior to the recordation of the Final Map, the boundaries between Lot A and Lot No. 1, and Lot B and Lot Nos. 24, 35 and 36 shall be modified such that the boundary lines are located at the toe of the slope adjacent to the north side of the building pads of Lot Nos. 1, 24, 35 and 36. P. RELATED APPLICATIONS 1. The approval is conditioned upon compliance with all conditions of approval for Tentative Parcel Map No. 23004, Conditional Use Permit No. 162 and Grading Application No. 1541, which are incorporated herein by reference and are hereby made a part of this approval. 2. This approval is conditioned upon compliance with all mitigation measures contained in Environmental Impact Report No. 36 and the Mitigation Monitoring Program which are incorporated herein by reference and are hereby made a part of this approval. Resolution No. 2004 -31 Exhibit A Page 13 of 14 Q. COASTAL ZONE RESTRICTION 1. The Final Map shall clearly delineate and label the "Coastal Setback Zone" line as established in the City's Coastal Specific Plan. A note shall be placed on the map stating that no permanent structures (except for structures associated with public amenities or unless as allowed by another project condition of approval) shall be allowed closer than twenty -five (25) feet to the Coastal Setback Zone. This area shall be designated on the map as "Building Grading Restriction" area. All lots shown of the Final Map shall provide for a minimum buildable area of 3,000 square feet of contiguous area, exclusive of required setbacks and any portions of the lot located seaward of the Building Grading Restriction Line or they shall be eliminated from the Final Map. R. MITIGATION MONITORING PROGRAM 1. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the developer. Resolution No. 2004 -31 Exhibit A Page 14 of 14