CC RES 2002-071 RESOLUTION NO. 2002-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 215, GRADING PERMIT
NO. 2229, COASTAL DEVELOPMENT PERMIT NO. 166,
VARIANCE NO. 489, AND TENTATIVE PARCEL MAP NO. '
26073 IN CONNECTION WITH THE DEVELOPMENT OF A
RESORT HOTEL CONFERENCE CENTER, RESORT
VILLAS, AND DRIVING RANGE AND GOLF PRACTICE
FACILITY TO BE KNOWN AS THE LONG POINT RESORT
LOCATED IN COASTAL SUBREGION 2.
WHEREAS, a formal application was filed by Destination Development
Corporation (the "Developer") requesting approval of conditional use permits, grading
permits, a coastal development permit and a tentative parcel map (collectively the
"discretionary permits") and a general plan amendment to allow construction of a 550-
room resort hotel and conference center, 32 private villas, and a 9-hole golf course on
103.5 acres of land generally located at 6610 Palos Verdes Drive South and 64.9 acres
of land generally located at 30940 Hawthorne Boulevard, as more fully described in
Exhibit A attached hereto (the " Initial Project"); and
WHEREAS, the Initial Project has since been revised to eliminate the
portion of the Project that called for the use of 64.9 acres of publicly-owned land
generally located at 30940 Hawthorne Boulevard, commonly known as Upper Point
Vicente Area ("UPVA"), and a 1.4 acre strip of land owned by CIGNA , so that the entire
development will be located entirely on 102.1 acres of privately-owned land generally
located at 6610 Palos Verdes Drive South (the "Revised Project"), which formerly was
occupied by Marineland (the "Project site"); and
WHEREAS, the City analyzed the Initial Project's potential impacts on the
environment in accordance with the California Environmental Quality Act ("CEQA") (Cal.
Pub. Res. Code §21000 et seq.), the State CEQA Guidelines (the "Guidelines") (14 Cal.
Code Regs. §15000 et seq.) promulgated with respect thereto, and the City's local
CEQA Guidelines; and
WHEREAS, the City prepared an Initial Environmental Study (the "Initial
Study") for the Initial Project pursuant to Section 15063 of the Guidelines; and
WHEREAS, the Initial Study concluded that there was evidence that the
Initial Project might have a significant environmental impact on several specifically
identified resources and governmental services, including aesthetics, air quality,
biological resources, cultural resources, geology and soils, hydrology and water quality,
land-use and planning, noise, public services, recreation, transportation, and utilities
and service systems; and
WHEREAS, based upon the information contained in the Initial Study, the
City ordered the preparation of an environmental impact report (the "EIR") for the Initial
Project in accordance with the provisions of Guidelines Sections 15064 and 15081; and
WHEREAS, the City prepared and circulated a Notice of Preparation of
the EIR from July 20, 2000, through September 4, 2000, for an extended 45-day
comment period in order to receive written comments on the appropriate scope of the
EIR; and
WHEREAS, the City sent the Notice of Preparation to the State
Clearinghouse in the Office of Planning and Research for the State of California (the
"State Clearinghouse") and to other responsible, trustee, and/or interested agencies and
persons in accordance with Guidelines Section 15082(a); and
WHEREAS, in accordance with Guidelines Section 15083, the City
Council conducted a duly noticed public scoping session concerning the EIR on August
22, 2000, to provide an introduction to the Initial Project and the CEQA process and to
afford an opportunity for the public and interested agencies to comment on the issues to
be analyzed in the EIR; and
WHEREAS, the scoping session was noticed by publication in the local
press, by mailing to all residents within a 500-foot radius of the Initial Project and by
posting at City Hall, Hesse Park, and the Ladera Linda Community Center and was
attended by the applicant, representatives of various agencies, and members of the
general public; and
WHEREAS, the Draft Environmental Impact Report (the "DEIR"), together
with those certain technical appendices (the "Appendices"), was completed on February
2, 2001; and
WHEREAS, the City circulated the DEIR and the Appendices to the public,
the State Clearinghouse, and other interested persons between February 6, 2001, and
April 6, 2001, for an expanded 60-day comment period pursuant to Guidelines Section
15087(c); and
WHEREAS, the Planning Commission held a duly noticed public hearing
on March 23, 2001, at which time all interested parties were given an opportunity to be
heard and present evidence regarding the DEIR; and
WHEREAS, the Planning Commission held duly noticed public hearings
on April 10, 2001, April 14, 2001, April 24, 2001, May 17, 2001, June 12, 2001, July 10,
2001, and July 24, 2001, at which times all interested parties were given an opportunity
to be heard and present evidence regarding the Initial Project and the DEIR; and
Resolution No. 2002-71
Page 2 of 23
WHEREAS, during the public review and comment process, the City
received over 30 hours of public testimony and more than 300 written and oral
comments regarding the Initial Project and the adequacy of the DEIR; and
WHEREAS, the City prepared written responses to all comments and
made revisions and additions to the DEIR in response to the comments; and
WHEREAS, the City completed the responses to comments on the DEIR
and preliminary revisions to the DEIR in July 2001, and distributed those responses to
commenting agencies and the public in accordance with the provisions of Public
Resources Code Section 21092.5; and
WHEREAS, after reviewing the responses to comments and the revisions
to the DEIR, City staff concluded that the revised material in the biological resources
analysis (Section 5.3 of the DEIR) constituted new information requiring recirculation of
the biological resources analysis of the DEIR pursuant to Public Resources Code
Section 21092.1 and Guidelines Section 15088.5; and
WHEREAS, the City recirculated the Revised Biological Resources
Analysis to the public, the State Clearinghouse, and other interest persons between
August 1, 2001, and August 30, 2001, for a shortened 30-day comment period pursuant
to State CEQA Guidelines Sections 15087(c) and 15105(a) (the "Second Public Review
and Comment Period").
WHEREAS, the Planning Commission further held duly noticed public
hearings on August 14, 2001, August 28, 2001, and September 11, 2001, at which time
all interested parties were given an opportunity to be heard and present evidence
regarding the Initial Project, the DEIR, and the Revised Biological Resources Analysis;
and
WHEREAS, during the Second Public Review and Comment Period, the
City received several hours of testimony and fifteen written and oral comments
regarding the Initial Project and the adequacy of the Revised Biological Resources
Analysis; and
WHEREAS, the City prepared written responses to all comments and
made revisions and additions to the Revised Biological Resources Analysis, where
appropriate, in response to the comments received during the Second Public Review
and Comment Period; and
WHEREAS, the City completed the Responses to Comments on the
Revised Biological Resources Analysis on September 24, 2001, and distributed those
responses to commenting agencies and the public at least ten (10) days prior to
considering the Final Environmental Impact Report (the "FEIR"); and
Resolution No. 2002-71
Page 3 of 23
WHEREAS, on October 9, 2001, the Planning Commission held a duly
noticed public meeting to consider the FEIR and adopted P.C. Resolution No. 2001-37
entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES MAKING ENVIRONMENTAL FINDINGS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND RECOMMENDING THAT
THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT,
ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A
MITIGATION MONITORING PROGRAM IN CONNECTION WITH GENERAL PLAN
AMENDMENT NO. 28, CONDITIONAL USE PERMIT NO. 215, CONDITIONAL USE
PERMIT NO. 216, GRADING PERMIT NO. 2229, GRADING PERMIT NO. 2230,
COASTAL DEVELOPMENT PERMIT NO. 166, AND TENTATIVE PARCEL MAP NO.
26073 FOR A PROPOSED HOTEL AND GOLF COURSE TO BE KNOWN AS THE
LONG POINT RESORT;" and
WHEREAS, on May 7, 2002, the City Council held a duly noticed public
hearing to consider, among other things, certification of the FEIR for the Initial Project
and adopted Resolution No. 2002-34 certifying the FEIR; and
WHEREAS, subsequent to the October 9, 2001, Planning Commission
hearing, the Developer revised the Initial Project and submitted the Revised Project to
the City for consideration, together with Variance Application No. 489 to allow the
construction of a pool facility within the City's designated coastal setback line;
WHEREAS, City Staff has determined that while the Revised Project did
require some minor changes and additions to the previously certified FEIR, the Revised
Project did not require the preparation of a subsequent EIR or a supplement to the FEIR
because the Revised Project, which will be developed on fewer acres of land than the
Initial Project and will be located on a site that was previously developed and used for
the Marineland facility, will not introduce new significant environmental effects or
substantially increase the severity of the effects that previously were identified and
analyzed in the FEIR; furthermore, there are no changed circumstances or new
information, which was not known at the time the FEIR was certified, that would require
the preparation of a subsequent EIR or major revisions to the FEIR pursuant to CEQA
Guidelines Section 15162, and, in accordance with Section 15164 of the State CEQA
Guidelines, the City prepared an Addendum to the FEIR (the "Addendum"); and
WHEREAS, the City completed preparation of the Addendum, together
with all related technical studies, on June 11, 2002; and
WHEREAS, on July 31, 2002, the City's Geotechnical Engineer, after
reviewing the geotechnical reports submitted by Developer in connection with Variance
No. 489 (a request for a variance to allow construction of a pool facility within the
designated Coastal Setback Zone) and observing the auger borings from the Project
site, determined that the location where the proposed pool is to be located is
geologically stable; and
Resolution No. 2002-71
Page 4 of 23
WHEREAS, on August 13, 2002, the Planning Commission held a duly
noticed public meeting to consider Variance No. 489 and adopted P.C. Resolution No.
2002-20entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL
APPROVE VARIANCE NO. 489 TO ALLOW THE CONSTRUCTION OF A POOL
FACILITY WITHIN THE CITY'S DESIGNATED COASTAL SETBACK ZONE IN
CONNECTION WITH THE DEVELOPMENT OF THE LONG POINT RESORT HOTEL
PROJECT, ON PROPERTY LOCATED AT 6610 PALOS VERDES DRIVE SOUTH;"
and
WHEREAS, on June 18, 2002, July 16, 2002, August 6, 2002, and August
28, 2002, the City Council held duly noticed public hearings to consider the FEIR, the
Addendum and the Revised Project; and
WHEREAS, the City Council has by separate resolution certified the
Addendum together with the FEIR, and made certain environmental findings pursuant to
the California Environmental Quality Act ("CEQA") required by law; and
WHEREAS, the City Council has independently reviewed the FEIR, the
Addendum, the Project applications, and Revised Project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1. The Project applications for the Revised Project (hereafter the
"Project applications") will permit grading of the Project site and the construction of a
resort hotel with 400 rooms in a main hotel structure and freestanding bungalows and
50 privately-owned, multiple-keyed casita units for a maximum aggregate of 150
additional accommodations, 32 privately-owned resort villas, a 68,000 square-foot
conference/banquet facility, a 25,000 square foot spa and fitness center, 3 to 4
restaurants with an aggregate total of 22,500 square feet, a golf academy and driving
range with three (3) practice holes (the "driving range and practice facility"), an 8,000
square-foot golf clubhouse, tennis facilities for hotel guests, and various public
amenities, including public trails, a public park, 825 parking spaces for the Revised
Project, and 100 additional parking spaces for the general public.
Section 2. In considering the Project applications, the City Council
independently reviewed and analyzed the FEIR for the Project and the Addendum in
accordance with the requirements set forth in Section 15084(e) of the CEQA
Guidelines. By Resolution No. 2002-70, adopted concurrently herewith, the City
Council made certain environmental findings in connection with the Project, determined
that the FEIR and the Addendum represent the independent judgment of the City as
lead agency with respect to the Project, and certified the previously-certified FEIR
together with the Addendum. The City Council previously adopted Resolution No.
2002-34 certifying the FEIR. Additionally, with respect to the potential significant
Resolution No. 2002-71
Page 5 of 23
environmental effects identified in the FEIR and the Addendum, the City Council finds
as follows:
2.1 The FEIR and the Addendum identify potential significant environmental
impacts related to Aesthetics/Light and Glare, Biological Resources, Cultural
Resources, Geology, Soils and Seismicity, Hydrology and Drainage, Land Use and
Relevant Planning, Marine Resources, Noise, Public Health and Safety, Public Services
and Utilities, Traffic and Circulation, and Recreational Facilities. However, as noted in
the FEIR, the Addendum, and Resolution Nos. 2002-34 and 2002-70, these impacts
can be mitigated to an insignificant level with implementation of the mitigation measures
identified in the FEIR. For each of the significant environmental effects identified in the
FEIR and Addendum, the City hereby makes and adopts the findings set forth in the
Statement of Findings and Facts in Support of Findings, attached as Exhibit A to
Resolution No. 2002-70. The specific mitigation measures to be imposed are set forth
in the Mitigation Monitoring Plan for the FEIR and the Addendum, attached as Exhibit D
to Resolution No. 2002-70, and the City hereby adopts said Mitigation Monitoring Plan
2.2 The FEIR and the Addendum indicate that the Project will create
significant unavoidable impacts to air quality and noise. The impacts to air quality will
arise from short-term construction-related activities and long-term operation of the
Project, while the impacts to noise will arise from Project-related traffic. The FEIR
indicates that these impacts will remain significant even after they have been mitigated
to the extent feasible. All feasible mitigation measures suggested in the FEIR have
been considered and will be adopted by the City and incorporated into the Project as a
condition of Project approval. No additional feasible mitigation measures or alternatives
have been identified. Accordingly, the City Council has prepared and adopts the
Statement of Overriding Considerations attached as Exhibit B to Resolution No. 2002-
70.
Section 3. Pursuant to Section 17.60.050 of the Rancho Palos Verdes
Municipal Coder/ (the "Municipal Code"), and based upon the evidence presented in the
p p
record, including staff reports, oral and written testimony, the FEIR and the Addendum,
the City Council hereby makes the following findings with respect to CUP No. 215:
3.1 The proposed Revised Project is consistent with the General Plan and the
Zoning Code for the City of Rancho Palos Verdes. The General Plan land use map
designates the Project site as Commercial/Recreational. Further, the proposed Revised
Project is consistent with the City's Official Zoning Map (adopted June 26, 1975) which
designates the majority of the Project site as a Commercial Recreational (CR) zoning
district, while the remainder of the Project site consists of coastal bluffs designated as
an Open Hazard (OH) zoning district. Chapter 17.22 of the Municipal Code clearly
defines the allowable uses in the CR zoning district and specifically permits the
proposed resort hotel/conference center, golf uses, and related ancillary uses with a
conditional use permit. (Section 17.22.030.) Moreover, the Revised Project, as
1/ Unless otherwise noted,all further Section and Chapter references are to the Rancho Palos Verdes Municipal Code.
Resolution No. 2002-71
Page 6 of 23
designed, complies with all applicable restrictions for the OH zoning district. (Sections
17.32.030 and 17.32.040.) The proposed resort and ancillary uses are visitor serving
and include transient occupancy facilities consisting of a 400 room Resort Hotel and
freestanding bungalows, 50 multi-keyed casitas (for a maximum of 150 additional
rooms), and 32 single-keyed Resort Villas, a 68,000 square foot conference/banquet
facility, 3 to 4 restaurants, public recreational facilities, (including a 25,000 square foot
spa/fitness center, public golf facilities - including a driving range, golf academy and 3
practice holes, an 8000 square foot golf club house, tennis facilities for hotel guests, a
network of public trails and vista points, and a public park), and 925 parking spaces
(825 parking spaces for hotel guests and visitors, and 100 additional parking spaces for
the general public). The Revised Project will provide public access to the bluffs and
coastline, while still protecting the sensitive marine environment through a transitional
planting area (ecotone) between the bluff edge and the adjacent public park to buffer
the sensitive coastal bluff habitat from invasive non-native vegetation. These land uses
are consistent with those specified in the Coastal Specific Plan in Section 17.22.030
(conditionally permitted uses in a CR zoning district).
The Revised Project, as conditioned or modified by the City Council, will
not result in adverse impacts to the public health, safety, or general welfare, or to the
preservation of the City's paleontological, historical, and/or archaeological resources.
As more fully discussed in Section 5.4 of the FEIR and Section 5.4 of the Addendum,
the proposed improvements to the Project site will not result in adverse impacts that
cannot be mitigated to a level of insignificance in regards to archaeological/historical
resources and paleontological resources, and through this Resolution the City Council
has, adopted all mitigation measures identified in the FEIR and Addendum and made
them conditions of project approval, and has adopted a Mitigation Monitoring Plan
which, among other things, requires site monitoring during grading and construction
phases to avoid disturbance to historical artifacts, archaeological remains, or fossils.
Finally, it should be noted that the City and the Coastal Commission previously
approved a prior project consisting of similar uses on the Project site. The elements of
the current Revised Project are consistent with the mix of uses contemplated by the
prior entitlements, which were found to be consistent with the General Plan and the
Local Coastal Plan. Further, the current Revised Project incorporates more recreational
amenities than were included in the previously approved entitlements.
3.2 The site is adequate in size and shape to accommodate the proposed
Revised Project and all yards, setbacks, walls, fences, landscaping and other features
required by Title 17 of the Municipal Code or by the conditions imposed pursuant
thereto to integrate the Revised Project with adjacent land uses and the neighborhood.
The Project site consists of approximately 102.1 acres along the seaward side of Palos
Verdes Drive South and was formerly occupied by the Marineland Aquatic Park. The
Project site is adequate in size and configuration to accommodate the required
development standards, and the Revised Project, as modified by the City Council,
complies with, or is conditioned to be consistent with, all setbacks, lot coverage
restrictions, landscaping, parking, trails and public access requirements.
Resolution No. 2002-71
Page 7 of 23
Specifically, all proposed structures are setback approximately 40 feet
from the property line abutting Palos Verdes Drive South (the Villas and entry trellis),
approximately 310 feet from adjacent nonresidential property (the Fishing Access); and
at least 100 feet from adjacent residential property. Furthermore, there are no
structures proposed within the required setbacks from residential property and
residential streets, except for an entry trellis located at the main entrance, which is
setback approximately 20 feet from the boundary line abutting residential property.
Pursuant to the authority set forth in Section 17.12.030, the City Council hereby
approves those portions of the proposed golf driving range and practice facility located
within the required landscape setbacks. Additionally, except as specifically permitted by
the approval of Variance No. 489, the proposed Revised Project exceeds the required
25-foot coastal setback established by the Coastal Specific Plan and complies with the
required setbacks for the CR and OH zoning district.
As proposed, the lot coverage on the Project site is 1,013,060 square feet,
which represents 22.8 percent of the 102.1 acre-site, which is well within the maximum
30-percent lot coverage permitted by the Municipal Code (Section 17.12.030).
Moreover, the Project provides ample landscaping on the Project site. Although the
Municipal Code prohibits activity within the designated landscape setbacks, the City
Council has approved the proposed golf activities within these setbacks, provided that
no structures are erected within the 20-foot landscaping setback. The Revised Project
only proposes to locate golf practice fairways and portions of the driving range with no
structures within the required landscape setback from Nantasket Road and the abutting
residential properties. Since the proposed golf uses within the required 20-foot
landscape setback require manicured lawns, which will be enhanced with other more
decorative or natural looking landscapes, the proposed Revised Project will provide
more than adequate landscaping throughout the Project site.
A traffic and parking study was prepared for the Project in connection with
the FEIR, which was updated for the Revised Project in connection with preparation of
the Addendum. The traffic study analyzed the projected traffic and circulation impacts
of the Initial Project and Revised Project and assessed parking needs. The Revised
Project includes a parking supply of 925 spaces, including 100 spaces designated
exclusively for use by the general public. The traffic study, which was prepared using
the methodologies set forth in the Institute of Traffic Engineers Parking Manual,
determined that the Revised Project will provide parking at a rate of 1.7 spaces per
guest room, a rate well above the accepted range of 0.80 to 1.4 parking spaces per
guest room for comparable resorts, and concluded that the parking supply proposed by
the Developer will adequately meet the hotel guest and employee parking needs for all
of the site's amenities, as well as provide ample parking spaces for use by the general
public visiting the site to enjoy the free public trails and coastal access amenities.
In addition to the resort hotel, the Developer proposes to include a driving
range and three practice holes on the Project site. The Revised Project, as conditioned
Resolution No. 2002-71
Page 8 of 23
and modified by the City Council, adequately addresses golf-safety concerns, and the
Project site is adequate in size and shape to accommodate the proposed golf facilities.
According to the FEIR and the Addendum, the proposed golf driving range
and practice facility are adequately situated on the site to ensure the safety of golfers,
hotel guests, and the general public.
3.3 The Project site is served by streets and highways sufficient to carry the
type and quantity of traffic generated by the proposed use. The environmental analysis
conducted for the proposed Revised Project included the preparation of a Traffic Study
by the City's consultant, Urban Crossroads. The traffic impact analysis evaluated the
Revised Project's projected impacts to local roadways, intersections, regional facilities
and ingress/egress locations on-site. The traffic study served as the basis for the traffic
analysis set forth in Section 5.12 of the FEIR and Section 5.12 of the Addendum, and
analyzed existing traffic conditions, ambient growth traffic, other local projects, and the
proposed Revised Project in relation to the guidelines established by the 1997
Congestion Management Program (CMP), prepared by the Los Angeles County
Metropolitan Transportation Authority (MTA). Both the Traffic Committee and the
Planning Commission independently reviewed the traffic study and recommended that
the City Council approve the Initial Project subject to the mitigation measures identified
in the FEIR. Based on its independent review of the traffic study and the
recommendations provided by the Traffic Committee and the Planning Commission, the
City Council hereby imposes mitigation measures requiring the Revised Project to
widen Palos Verdes Drive South to a 100 foot right-of-way immediately adjacent to the
Project site; provide a 150 foot minimum left turn pocket for vehicles traveling west of
Palos Verdes Drive South and desiring to turn left into the hotel's main entrance; a
traffic signal shall be installed by the Developer at the project entrance; and install
certain roadway improvements at the intersections of Silver Spur at Hawthorne
Boulevard, Hawthorne Blvd. at Palos Verdes Drive North, and Western Avenue at 25th
Street. As conditioned and modified by the City Council, the Revised Project will not
result in any adverse traffic impacts at local streets or intersections. Moreover, the
Revised Project provides ample emergency access and good on-site circulation.
3.4 The proposed Revised Project, as conditioned or modified by the City
Council, mitigates or reduces significant adverse effects to adjacent properties or the
permitted uses thereof. Further, the City Council does hereby declare that the FEIR
was certified pursuant to Resolution No. 2002-34 and the Addendum together with the
FEIR was certified pursuant to Resolution No. 2002-70, in compliance with CEQA and
State and local Guidelines, and the City Council has independently reviewed and
considered the contents of the FEIR and the Addendum in making its decision with
respect to the Revised Project. The City Council further finds that the social, recreation,
economic and other benefits of the Revised Project outweigh any unavoidable adverse
environmental impacts that may occur, and adopts a Statement of Overriding
Considerations identifying those benefits against which the unavoidable adverse
impacts of the Revised Project were balanced. The Revised Project implements the CR
Resolution No. 2002-71
Page 9 of 23
zoning designation for the Project site set forth in the General Plan, while preserving, to
the extent feasible, much of the site as recreational open space, with public trails and
vista points, golf facilities, and a public park. The Revised Project further provides a
high quality resort hotel and conference center with a variety of ancillary uses that will
provide additional public recreational opportunities, community meeting facilities, and
local jobs. Due to the overriding benefits and considerations, the City Council finds that
any unavoidable adverse environmental impacts of the Revised Project are acceptable,
and adopts the Statement of Overriding Considerations attached as Exhibit B to .
Resolution No. 2002-70, which is hereby made a part of this resolution, by reference,
as required by CEQA. The City Council further finds that the Revised Project, as
conditioned or modified herein, adequately mitigates all golf-safety related concerns,
protects view corridors, minimizes the use of fencing, and preserves and enhances
sensitive habitat. The Revised Project design includes a comprehensive water
management and drainage plan to control runoff and minimize Revised Project impacts
on sensitive biological resources. The City Council has further conditioned the Revised
Project to require a drainage plan that controls irrigation and runoff to regulate the
Revised Project's impacts on offshore marine biological resources, Additionally, the
Revised Project includes a transitional planting area (ecotone) to protect sensitive
native habitat and the endangered El Segundo Blue butterfly on the Project site from
any adverse impacts.
3.5 The Revised Project complies with all applicable requirements of Chapter
17.40 (Overlay Control Districts). The Project site is located within the Urban Activities
Overlay Control District, the Socio/Cultural Overlay Control District, and the Coastal
Specific Plan.
(a) The Urban Activities Overlay Control District is located along the
northern portion of the Project site along Palos Verdes Drive South. The Urban
Activities District involves land areas with food and flower production, recreational,
aesthetic, and scenic qualities, hill areas and predominant views. The Revised Project's
consistency with the aesthetic and scenic qualities bordering Palos Verdes Drive South
are addressed in Section 5.1 of the FEIR and Section 5.1 of the Addendum. The FEIR
and the Addendum concluded that that Revised Project's impacts on land areas with
food and flower production, recreational, aesthetic, and scenic qualities, hill areas and
predominant views will not be significant. Additionally, the discussion under Subsection
5.1 of this Resolution with respect to the findings for CDP 166 addresses many of these
topics and concludes that the Revised Project will not result in significant impacts and is
consistent with the Coastal Specific Plan.
(b) The Socio/Cultural Overlay Control District is intended to preserve,
protect, and maintain land and water areas and improvements which have significant
historical, archaeological or cultural importance to the public. Such impacts and
mitigation measures are fully discussed in Section 5.4 of the FEIR and Section 5.4 of
the Addendum. The Revised Project, as conditioned and modified by the City Council,
Resolution No. 2002-71
Page 10 of 23
mitigates any potential impacts on the Socio/Cultural District to a less than significant
level.
(c) Finally, the Project site is entirely located within Subregion 2 of the
Coastal Specific Plan District. The Revised Project's consistency with the Coastal
Specific Plan is more fully analyzed in Section 5 of this Resolution. Based upon the
evidence presented in the record, including staff reports, oral and written testimony, the
FEIR, the Addendum, and the findings set forth in this Resolution, the City Council
hereby finds that the implementation of the proposed Revised Project is compatible with
the applicable requirements for the outlined Overlay Control Districts.
3.6 In adopting certain conditions of approval and mitigation measures for the
Revised Project, the City Council deems said conditions of approval and mitigation
measures necessary to protect the health, safety and general welfare of the community.
Section 4. Pursuant to Section 17.76.040, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, and the
FEIR, the City Council hereby makes the following findings with respect to GRP No.
2229:
4.1 The proposed grading associated with the Revised Project does not
exceed that which is necessary for the permitted primary use of the Project site. The
grading takes advantage of the natural topography and will be balanced on the site with
no import or export of material. The quantity of grading proposed does not exceed that
which is necessary to improve the Project site with the proposed commercial and
recreational uses, which are part of the related conditional use permit application. As
previously noted, the Project site will be developed with a multitude of
commercial/recreational based uses ranging from the resort hotel building to a golf
driving range and practice facility. The topography of the Project site was altered in the
past to accommodate Marineland and its related retail and entertainment uses. The
proposed grading is requested to further alter the site's topography to allow the Revised
Project's proposed uses to capture views of the Pacific Ocean and Catalina Island from
various vantage points of the Project site while not impeding off-site views. The grading
will improve the existing dilapidated condition of the Project site. By allowing the
grading, the proposed improvements will cohesively connect active and passive
recreational uses with entertainment based commercial uses by creating natural
transition zones within the Project site, thus minimizing the appearance of an over
abundance of uses. The recontouring of the site's terrain to accommodate the
proposed golf uses, hotel building, conference center, and parking structure is
consistent with the uses conditionally permitted in the CR zoning district. Therefore, the
grading associated with the Revised Project will serve the community, by providing
continued commercial services and expanded recreational opportunities for the general
public, in keeping with the uses that once occurred on the Project site. In fact,
implementation of the Revised Project and its required grading will enhance the general
Resolution No. 2002-71
Page 11 of 23
character of the surrounding area and provide the community with additional services
and recreational opportunities.
4.2 The grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views from, neighboring properties. The
proposed grading will step the main hotel structure into the existing topographic
depression on the southwest portion of the site, and will permit the majority of the
parking required for the Revised Project to be notched into the ground to give the visual
appearance of an at-grade surface parking lot, thereby reducing the visual impact of the
Revised Project and preserving view corridors identified in the Coastal Specific Plan
when viewed from Palos Verdes Drive South and adjacent properties. In addition, the
Developer proposes to grade the Project site to lower the building pads for the proposed
villas to reduce the finished height of these structures and has redesigned the Revised
Project and relocated the villas to protect view corridors. To further ensure that
implementation of the Revised Project does not adversely impact identified view
corridors on the Project site, the City Council has conditioned the Revised Project to
limit the finished height of the villas to the grade of Palos Verdes Drive South adjacent
to the curb. As proposed, the grading will actually return the Project site to a more
natural topographic condition and will be used to disguise and minimize the scale and
mass of the Revised Project, allowing the proposed structures to blend into the
surrounding environment.
4.3 The nature of grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The Project site was extensively graded in the
past to form the building pads and parking lots for the Marineland development. The
grading associated with the Revised Project will actually return the Project site to a
more natural, sloping topography. The quantity of earth movement has been balanced
between the proposed cut and fill, which eliminates the need to transport earth to and
from the site. The use of transitional slopes, as opposed to support structures, further
enhances the natural appearance of the site by visually creating an undulating feeling of
the site's terrain. Once completed, the visual appearance of the Project site will not
appear as if substantial earth movement and site alterations occurred because the
graded portions of the site will appear natural and landscaped accordingly. The site will
also appear more natural and vegetated because of the removal of the flat and
unnatural looking large parking areas, which will be replaced with a parking structure
that will be notched into the ground. The proposed parking structure will accommodate
the majority of the parking spaces for the Revised Project in a more unobtrusive design
than that employed by the Marineland use and will blend more naturally into the
topography, giving the visual appearance of an at-grade surface parking lot. In addition,
the hotel design will be integrated with the natural terrain, thus minimizing its mass and
scale and reducing any adverse impacts to surrounding uses. Thus, the proposed
grading will minimize the disturbance of the natural contours, and finished contours will
look more natural than the site's existing appearance.
Resolution No. 2002-71
Page 12 of 23
4.4 The grading takes into account the preservation of natural topographic
features and appearances by means of land sculpturing designed to blend any man-
made or manufactured slope into natural topography. As previously noted, the Project
site was once occupied by Marineland, which largely disturbed the natural condition of
the site with the exception of the natural bluff faces. The grading will attempt to restore
the site to a sloping condition that is more akin to its original topographic condition. This
is achieved by respecting the natural grade of the Project site, which descends from
Palos Verdes Drive South towards the coastal bluffs. To enhance the appearance of
natural topographic features, the proposed earth movement has been balanced,
requiring no earth to be transported to or from the Project site. The proposed grading
has been designed to manipulate the existing disturbed contours of the Project site by
creating a series of terraced building pads that will allow each of the proposed uses to
maintain ocean and island views. The man-made or manufactured slopes are integrated
into the existing contours through the use of transitional slopes that vary in height
depending on the proposed grade differences between terraced building pads.
In order to visually simulate the site's natural condition, the proposed earth
movement for the Project site is designed in a manner that manipulates the contours
with the use of earth berms, earth mounds and earth depression. As previously noted,
the main hotel building is designed as a stepped structure that follows the contours of
the site, and the two-story parking structure is notched into the ground, giving the visual
impression of an at-grade parking lot. The fluid pattern of the grading plan with the use
of undulating slopes further mimics the rolling hillside character of the Peninsula while
achieving a condition that enhances public safety and visual appearance through the
use of natural features. The proposed Revised Project will restore the natural sloped
character of the site through the use of grading. Furthermore, the Revised Project will
enhance the visual transition between the natural and improved contours, landscaping
is proposed that will soften the site's overall appearance and proposed improvements.
4.5 The grading will not cause excessive and unnecessary disturbance of the
natural landscape or wildlife habitat through removal of vegetation. The Project site was
previously occupied by Marineland. Hence, much, if not all, of the natural environment
of the site was impacted by this pre-existing development. The Revised Project, as
conditioned or modified by the City Council, preserves 6.7 acres of existing rocky
shore/coastal bluff scrub habitat on the Project site and will add 1.2 acres of enhanced
coastal bluff habitat as part of the Revised Project's proposed conservation district. In
addition, the Revised Project has been designed to avoid the 4.54 acres of coastal sage
scrub habitat and the identified wetlands and mulefat scrub within riparian areas and
drainages ), existing on the Project site as indicated in the FEIR and the Addendum.
Furthermore, since the proposed Revised Project will generate increased run-off and
additional water usage for the maintenance of the on-site landscaping and golf facilities,
the Project has been specifically conditioned to require a drainage plan designed to
address irrigation and runoff in order to regulate the Revised Project's impacts on the
surrounding environment, particularly with respect to the sensitive marine wildlife found
in the coastal region abutting the Project site.
Resolution No. 2002-71
Page 13 of 23
4.6 The grading exceeds the threshold for height of cut/fill, but departure from
the standards does not constitute a special privilege nor will it be detrimental to the
public safety or other property. The Municipal Code limits the depth of a cut or fill to a
maximum depth of five (5) feet. The proposed grading will consist of approximately
392,275 cubic yards of cut and 392,275 cubic yards of fill, for a balanced quantity of on-
site earth movement. However, the proposed depth of cut and fill exceeds the five (5)
foot height threshold. The Revised Project will improve the deteriorating condition of the
site with commercial, retail and recreational uses that consist of a resort hotel, public
golf course and other related ancillary uses, such as banquet facilities, restaurants,
shops, spa facilities and public trails and parks. The proposed uses are conditionally
permitted within the CR zoning district. The requested grading is necessary to prepare
the site for development of the proposed uses and to provide building pads that
accommodate related hotel structures, parking, golf facilities and relatively flat areas for
public parks. The proposed grading is designed to accommodate the uses permitted
pursuant to this Resolution in a manner that enhances the surrounding environment by
cohesively connecting the natural contours with the finished contours. Moreover, the
proposed grading adequately mitigates public safety and health concerns related to golf
safety, fencing, view impairment, noise, lighting and traffic that are related to the
Revised Project and were identified in the FEIR and the Addendum. As conditioned by
this Resolution, departure from the standards in Section 17.76.040 will not constitute a
grant of special privilege, and the proposed grading is consistent with the grading
activities of commercial projects of similar size under like conditions.
Section 5. Pursuant to Section 17.72.090, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, the FEIR and
the Addendum, the City Council hereby makes the following findings with respect to
CDP No. 166:
5.1 The proposed Revised Project conforms with the Coastal Specific Plan,
which designates the site as appropriate for Commercial Recreational uses. The
proposed resort hotel/conference center and ancillary uses are consistent with the City's
Coastal Specific Plan. The Coastal Specific Plan acknowledges the former
Commercial/Recreational use of the site (Marineland) on page S2-5, and future
expansion of the commercial recreational uses on the site are discussed on pages S2-5
and S2-8. The Project site is located in Subregion 2 of the Coastal Specific Plan, which
is referred to as an attractor/generator region because of its characteristic of being
accessible, or at least partially accessible, to the vast majority of the public outside the
Peninsula. The Coastal Specific Plan requires City approval, in the form of a conditional
use permit, of all future improvements to the Project site to ensure that proposed uses
are compatible with the City's General Plan, the Municipal Code, and the Coastal
Specific Plan which is being approved concurrently herewith. The Coastal Specific
Plan defines compatible uses as those uses of a commercial recreational nature which
are visitor oriented, including but not limited to, retail facilities, recreation uses, motels,
convention facilities, restaurants, and museums. While the primary designation for the
Project site in the Coastal Specific Plan is for coastal dependent activities, the Coastal
Resolution No. 2002-71
Page 14 of 23
Specific Plan recognizes that these uses may be impractical (see pp. U-17 and U-18).
Thus, the Coastal Specific Plan designates the site for Commercial/Recreational uses,
and the Revised Project is consistent with this land use designation.
The Revised Project consists of mixed-uses that the Coastal Specific Plan
considers compatible with Subregion 2. With respect to the privately-owned resort
villas and casita units, the City Council has included a condition of approval limiting the
villa owners' occupancy of their respective units to a maximum of three (3) months out
of each year, with a maximum single visit duration of twenty-nine (29) days and limiting
the casitas owners' occupancy of their respective units to a maximum of two (2) months
out of each year, with a maximum single visit duration of twenty-nine (29) days. As so
restricted, the City Council finds that the villas and casitas are similar to hotel
accommodations, as opposed to residential units, in terms of consistency with the
General Plan and the Coastal Specific Plan. The City Council has also modified the
Revised Project to preserve the view corridors identified in the visual corridors section of
the Coastal Specific Plan. As conditioned or modified by the City Council, the Revised
Project adequately addresses concerns pertaining to visual corridors, visual quality,
buffering from adjacent residential uses, attenuation of noise and lighting, protection of
the natural environment, traffic and other pertinent impacts that are properly mitigated in
order to achieve harmony within the community.
With respect to protecting the natural environment of the Project site, the
Project site was formerly occupied by Marineland, leaving much of the site impacted by
this development. However, the Revised Project, as conditioned or modified by the City
Council, preserves 6.7 acres of existing rocky shore/coastal bluff scrub habitat on the
Project site and will add 1.2 acres of enhanced coastal bluff habitat as part of the
Revised Project's proposed conservation district. In addition, the Revised Project has
been designed to avoid the 4.54 acres of coastal sage scrub habitat and the identified
wetlands and Mulefat (a sensitive wetland plant type), existing on the Project site as
indicated in the FEIR and the Addendum. Furthermore, since the proposed Revised
Project will generate increased run-off and increased water usage for the maintenance
of the golf course, a drainage plan designed to address irrigation and runoff will be
reviewed by the City to ensure the sensitive marine habitats off shore are not impacted
by the Revised Project. As previously noted, the FEIR and the Addendum conclude
that the Revised Project will not generate adverse traffic impacts that cannot be
mitigated to a level of insignificance with the implementation of appropriate mitigation
measures and conditions, which have been imposed by the City Council pursuant to
Resolution No. 2002-70 adopted concurrently herewith. Finally, although maintaining
agricultural activity on the eastern portion of the Project site was identified as a "primary
effort" in the Coastal Specific Plan, the Municipal Code would require an amendment to
add an Agricultural Land Use District that would be applicable to this portion of the
Project site property. The agricultural zoning district was never implemented by the
City. The Coastal Specific Plan indicates that if efforts to maintain this area of
Subregion 2 for agricultural use are unsuccessful, then the Coastal Specific Plan
recommends a secondary use of Commercial Recreation, as proposed by the General
Resolution No. 2002-71
Page 15 of 23
Plan. Given the pattern of existing development and the existing Commercial
Recreational land use designation, the City Council finds that agricultural use is no
longer a viable land use for the Project site, and the proposed Revised Project, with a
resort hotel, conference center, golf facilities, and various ancillary uses is consistent
with the Coastal Specific Plan.
5.2 The proposed Revised Project, which is located between the sea and first
public road, is consistent with applicable public access and recreation policies of the
Coastal Act. The Revised Project will provide 100 public parking spaces on the Project
site, a public park with vista points, trails along the bluff top, and coastal access points.
As proposed, the Revised Project will provide increased public access trails to the shore
as well as increased recreational opportunities for the general public, resort guests and
resort visitors. Additionally, the proposed Revised Project is a visitor serving use,
offering a resort hotel and conference center and related amenities, which will be open
and available for use by the general public, albeit for a charge. The amenities provided
include hotel accommodations, golf facilities, restaurants, a spa and retail shops.
Additionally, the Revised Project includes improvements that will enhance the existing
coastal access trail while providing the public with a variety of additional recreational
opportunities. The Developer will improve the Marineland Trail along the seaward side
of Palos Verdes Dive South which parallels the entire length of the Project site. This
trail is a joint-use public trail (pedestrian and bicycle) segment that connects the
expanded Fishing Access Parking Lot to the main entry of the Project site. Existing
coastal access ramps formerly associated with Marineland will be maintained and
enhanced to provide safe public access from the bluff top of the Project site to the
shore. Additionally, the Developer proposes to expand the parking lot of the Los
Angeles County Point Vicente Fishing Access to provide an additional 50 parking
spaces for the public as well as an additional 50 parking spaces on the hotel grounds
for use by non-hotel guests or visitors during the day for public access to the
surrounding trails and park. Finally, a portion of the Project site will be improved with a
2.2-acre Bluff Top Park overlooking the Pacific Ocean to the west and south. In
accordance with the requirements of the California Constitution, the Revised Project has
been conditioned to require the Developer to post signs in conspicuous locations to alert
the public to the recreational opportunities available to the general public. Thus, the
Revised Project is consistent with the Coastal Specific Plan, and the public access and
recreation policies of the Coastal Act.
Section 6. Pursuant to the requirements of the Subdivision Map Act
(commencing with Section 66410 of the California Government Code), and based upon
the evidence presented in the record, including staff reports, oral and written testimony,
the FEIR and the Addendum, the City Council hereby makes the following findings with
respect to TPM No. 26073:
6.1 The proposed map is consistent with applicable general and specific
plans. The requested Tentative Parcel Map seeks to divide the 102.1-acre parcel into
four (4) parcels, as described in the following table:
Resolution No. 2002-71
Page 16 of 23
.......:.::.::....:.:..:::...-,,....... '...>>:..r<::f.:n.n:::nx.:.:,x.:^ax.-::. ....,:.sx.;ss::.;;.:gy.:v... ..tk.>';,.: -fi..;.,a
...... v :.n....»» » }......a:..v�,:.»:..:;:::»::v.»v v...n ......... .:v.:.ss:v».v::::::.v..v
y ...::y:<a .........v.:.s:n:ss::;'v:s:.ist:l.....;...v::::.:.rn.:v;
».....n.,n.n.:�� k.:<.:n..s.«..,.:»..:n............ »sxsss;:....:.:::'fi: i:::» 'n..,fano ::rdD"' 3S'Lz:3::J ,:gr3, P::!<;9: ':::ai:>:.3:''C;,<a>':: v.krt 23>^^ sxv"
............., »» ...»x, n,. .. ...,........_...... n�,.. .... .::�: ,aX. .�: :�3.c:£:i> :5�.n.»#., ,.<,a H�'3���P:»:s:'*::s"..:Ts Purr":.;^:x.,5
;, .. �a .. „ »:.:,n:.,..:.Yom. s.K, .;,..:.;':,,.:... .�,...>»>,r»>n�'
» a>n... .::e.....,.....n..,.»n>n«» .»...w a'#Y � ,.,, .,xlfiau' 4a u` »:: .""",.w::vti'::n;3>:a; s1::
................,...............4 .,.,.. .«,.r __: .:.:: ,«,?S, ..»z»» ...sss x`' .t3"r` -c >`i�:"s's^w
.- ........................».....».n... .,., ». ..w ..,......0 h A..rn,........n.,.n.»..,nn.,.........vn..... .v.,..`�.v.. ...v..v v
v v n,v n nv...v »n.....,.. ,.n... n :....P;t.v: ::..:n... n.:.n^<v:
...,... .. .. , `�. .>'�' .... v;:x;C:»+ v.C\:"S 5..... ::.:::.v,..,,.:rQ.'IR`::.,.v::;:" ,:fi.^'S>'�:'..:! :A#iry :.'f^:KS rcni3tli:v .Sfi,'.�'.�.�.:v�,C.`.rc <„tx::.'sx: v:':�'''. ..-.�'/.-a.SU-�.4xF:.,E�-'��.{;>;:�=.::»F,vv::.
r
............Rt ... .. v v.v,. :.«n: tP,:n .n.»,..s.n. : ...,..v..:..::fi..,. :.f: `:afi">» ..:xs::-3.`Y :n9^.' :-:S..n.::n.:.:.
..,k, n.vnsFnn,:X£' , .,.....>U.:...3...`a T*..»...�.\.,..,..,.. �. v .. .... =;t\+:, sYY.
v,» n..«v nw:. .- ,^S,n.....n n.n�:.`�nfi' ,,..v,t+..,.n« ,:»:.».,;,.:»:»t_%:syt:;=..
,,?t5 ..n.n.,»::,:.:::»:.;;:,t»:»:u,,...,,c,..n..0 ..>.�.. .x.i-+.:»:,�:,�yti`><Y:.44Y+':.n<....::U4".:3:' xtia o:z'£s�x.c'- f '�.e:x>. ::/`:x:2x-xs. f-�Xf:
> : : 4P n-. v,x. n�...,...rc.:::/.: »...:n»:r:.,..r..............»»»::u2.,».r ,....:>,..<,<.,.., ,akaX:: ,.ra: �:r
�' v "x
,'a..< ..a:a............ >.....<.......t..».._...._.. ... 4»,. r:xrn k�,:'�;:;, '�> .xm3.:.::n
.....,..vSX.n..,..Y..M.. ... .,... ...x+';.v:..n.»:;xn}+sr:.s;......xP:Ed' ..:vR<'a �',#^�
Y.'. a .. .. :. «`.v,. .n. ...:.:........n..fii� .....n..:..v :.. .:..,.n...a.....,n.,..::,.,.±- ,'v,.n .k....: ..g.»a .vi3.n ..S ...'..t�:''9.'�,K... ,.St£,-,..tt•.:.-"�:�,.-..' iN��.[t!G�. �r�yaY.^.rIS^:aw-...' .l':R'
k
.,,....,...v.....^,1.......x.,....,..v».�.S. v .. ,,..........a.<......::Y.:.a....:...:.a:.......::.:::..:.no ' f!:
, : au�>.:.«n,x. .,.,,i.»....»:,.,<n. .a..w..»i'.,:�4:.. ..,n.>..............x....,..s.,.nrc.f..nn....,.. J;3-«. �u4.`"'f:. u:'x>
x>
�'�. X.k....a,..... .......:r....,.P..,. .....,V... 3xPr%», ,yy^.:l:..
_:. «:,..._,. n: n»............... ..,:,... ., n..,..,.»....:.,.:,:,�2s.. ran.n»,::,n.n,.,nr.n».>.rc^f:,.n.�»:
......... ...t ., .....,,.,... ........ .. s �� .::',�,. ».vx�u6,.L>`:; ,aJ :pan �..'+:" :::;ms='s:
%,»»:max,..,.<:
.. ...............nn.r.,.,,.n .:... ,..». ,...:.,..,..:........:...:,P..n: .xxx.. .k...$.... .�� .., .s... „x.. ..g,
.......%c... .... ..... «............ .......:......r. ..vn.. ..n..........:..v...n„ ....,::«U:.. :.xa. rc'.t'.S;..+SYky:<., -:`:iCn `:'2'.':.-Uxx%>:;:
.n»xv.....:...».,3S.,,.J'.,..» r g ... : .v v. : .I:n ...,P.::.v:v.».::». �_�:'.
,swv r3,,,.,» n».:n,x 4a,,j..n» ,wdi nG....nom......,�.fi: avP �\U 'J£».v..:,:....,.:..v.«vvv, n»..»n.5:.:»z:....» :.:...:.....:»:..,.:a,.., vh', 3n
, t. »,.$J`. .. ..�n..nn,:..£+�>......{:^x'..._..x3....»,.,..... .... ..:...... ...atk. o:">'C22 -.i�xa+x.
,ice:.:.,'�E,.»»n»f»4w .:..n..f.:.3fi'..t,..»»._.»..»'u ..,...,...>,. ,,,_n::.,.,. :.�:..:.J.».::::::., .,�.
} a „wu:u;.,n• v fi�: a a...a,..n..:,........v.....::fi. :nx.,a,0..::.rc:.»,fi a.rc. ..:.»v...:.,..,...5>,:,� .v..v.::�G,.v..:.,.xv...v.,v«.: 1'Yaikk`:\4` Y:fi
............ ! � ':.. ^;kw::n»3>.c`.3.^x: z,.,s3;'^'+: `:3>:F.:n-;z>s�->ro;:.
'">P3
} F.
3 I "'
n`k a.a. ,...,,.,.. v!a:n n n«Sn:..,...,.»,n,„ ,nv..,.nn .nxg. v .,v.�, ,..a?Y,.S**nix»r,...........ay....S3v.v » ,,..v...nnnn....n. ,A 5....: .,nY2..,-.::n.R.:.:..v-:::v ..M✓:v.»::.:
..,...a.....^`....,.... .: nn„n„n.nn. ..... ..van:..:.:,::.n.A.,-.:::X,ity..x=x3'.. n.»,., .{...:dti ^arc «.`R:=n.:
v...v........,n...»».».»u..,».............»w..ay. vx../I»,,.n:.v....n..vn»,,.vx,.n.»..........G„n,.:........n......,.k: .n.>...
... F.........a,.,..............:..............r..... ,:. ..... ,.,. .::x^..rc.:.I »xu .sF,�. uS�» 'm'a-s^:..�':a=' .v.:ff.T-:
nnn,.,..n:xz.:»::..:nn,.+:.,.,n.,.a:x,....
».a fi»:.:''�.:....,.n.�n.g.,».»»a,„V.� a....n.».,.,.ncn.s...a„<::............. .:. ... :.. ...............:n. ...........
a,..»:n :w,a »«n«»W nn»w.,..........:.«...va: :».n,.....>.n»n.»,:��»,P:.n.::»:.,. :.nn.:::'...
, n�..vnY.nxcna.,,..«.a»...:.n.. ..n..n.P..,....»..»:n«.»n, .n ,,. n ,.+xr ......., rST�'^<�z:
«.n.. n..«« : n n...a..............:n.... ,n..n,........n....nn::. x. � .,,»+gran,,.. xsx``^;::
.,»»:.v..s.»n.'�v. 2�::..na»:lnn,.,...,.»,u»n ,. ... , .. ................ an„ ., ........... F w.'.ins
........v:..r .......... ....+r } �<�.� v v» �.:..,.....n..n.nv n....ava.......»n..:.f S r : v.. >o.'V.v.r ..^.Ya4' ...5 ,��..:,�„yY.,_:r
,.n 4 ....;..�t L..Han.n..�a. „n...,.,.....n..°,x`».x.n,..,...,.n f^.,3.......:........n£s. �..^x»a�..... z
.P.. ..'C ;. , ., ...«<Pr£m V.KZ.<�„.. tL'az..2x2-�s::.,.».._.. ..,:.. ,:Yr.-.:r,;;: nnlu`,» _ rrr. :':�x°:e%;:
....x». .. »,a'�.X�# :::»..n4 X , ,,.n E....a. s......,. .. , ..:....:.:,: .',....x,:'.a......... n.?-» ': 3.' .�.;,a"�^`<„.:":.:�^w».:�'�"
'b; :. Y.. ...>...,...t P..+x,+. ... .>a4a*.. , v. ...,.................F<...,. ... ,a,. ,�»a k,.�` :.'�....»....'��fi2»f.»...»:.
P v ,.,.n.....n....::.. v. n».S..n«,n.n.,n.. ,.C..n .:... ';3y..,:v::»<
n J..«,X>,»., »x3,» vk. 'SAa�.V.a,v»a,U...,t.v n»:,: ^�n ,.,,fif
„a.,.a». .). •n nv,.,J.:.,•C.YxA„SS, -n.==:�' ,:..3
:vxkP..... ..x�iv>4..f:..#v...:.P.`ta.:,.�. .P:!.::n,v,t...... », .. , »......:n..«. of ,S.i:::. :^:x.+^, yi»:a^ ,.:,s.'',�”»y
fn):.n3.... .n <I », u ,»:.:.,t:..n.. ^.»,tt. i`Z .4C, l
.. ..: .. ..,�,tgY: xPY ,n...........x.....,,�.F: „,.,.La..+..:>::s.. +:... :kzd;:.�..»» %.x.,» attx<z:Y;»x `>;x£> "'s
ry wtn`a..n X, , A� ,. :.. ,.,..^.Q:'C S3',... .�.n'..�iL.`+S�»I �...,...v..v..x.t ,n.....:..... .. =SC W�
a ,,.4,a~<.., ,. a"0.. ..... .. .a... :.X-?^`�2ffi'v<:E::' »-wc',,2?'.:n¢:`::?Y:AF;'::;.i>tiait,^ =k.:»
:,.:s '$Y ..,,.nS ...nn»..r. ,,. .. .. ..:>.... ,.,.X•+:.. vygXKta« ``:.+'4. .3#Y.
:)xa,P.+'<. ,P...... i v'G ,n .. Y,.v:AS.:..:..v..\v a�......«..»9.a ».., ;,».I�,:...,...:....:...< ,
.., yr....?<I..... ... .. >,.. ). :kpy'� <f,:N
... ...ikon�+."�`s,..°'.�,3�,.n,,..war ..,...vk.n .. oAi.:n... I....... .� Xr x. .�. :<;re:'
:f .,.cF/.,'a..t...u.,.fix.....nn...n...�.,n..n....n ». I ,:....
�,:z4 ,a�, .�n >.n ,b,x..n...n....U. ,....:rc:F.u:...v: ,.:.._.n....,::.,n.:.,..,:2<.z.:In.::.:..a>::.i\ :.xrc.`>:. .a�>x, �s. :.i'x3^�:" £s .. „�i� .�pJ��.�.s:t
i..c.ii v �»�S w,�.n, .... Ca»;xk.,»».,» wv,t:...a.»vPd^ x4.=S' vJ^' ''XYd P F6...9fif
�n». i..t».vl..ry..''j:;s<xnfi:! a ,+... M:•.>:a..... a,. a v»>�.» ....,... n., .. ^ »E1S..,.
: ....n».... _,.,�x. ..n Xr, ,,�..... +:.....r..»r+U�P:. ..»»<,x„w.r,_�.+. .;..... ».,. a.
ran.3;fi
'�:..,>P,n ,. �� ,..n.,n..a»,....,.»..»»P» , , _<. t a..,. ,. .na::.. Y�>':: '-��;».�v.P. `"�:n.>„a>
.. .., ........................ ..w:su.:»..J'xa yg4S�aS n».a.,,0>..4..v^...v......,..-:.,,v nv:,,...,,»..,.,..,,.»..».»......n.v.` FviU... � >n,.n:.z.,n,»>3.,,.»».,....,,nv,,..v.....::.,a.,.v^_:.:.
:. V a. C+,»:::::: .:.�:;»P'.:.» v,k�:Er
... .. .. ... .» ... .. 'lam;wi... a,S�z,,� ..... .. ..: ... .:. .J.»,.: ""5:rx='A'. ;afx;:S'': Iq,5.;
,
I..
:
:
n. ,,»'uxx,2a°Paxxads ,P.: w �a
n..
>
�xxh?
:. .... ...... P vn,..:.x. ..vn..-.:::^:i:::i::::.t::;::5:: t�H�,::'/�Ix:`>,<�F� :n'.�""S^n.
.... ... .. .. ... .. n , :. ......::..nom... ... .,..,.SPX»n ,c. rcro�.:.
...,:..:...
, ,»n »y#>s":::,�s t»..».:gin.-:rcn:::._.:,.....:s�� -rxw.:
..ten ..........,,...:,. .. "'0 .... .. ........ ... .. ..... ........ ,,... �.<»':Yk:..:..�v�
n:
i
...a v v»n «fi n a
..v..,:F n.»n n« ....J.. , a ..-».wn:. 3 4o-, .�k` .. .. .. a, x:r`
:
i3. ::
xR ...... a; S.V. n n,,. n... n. .........K v,... ... ,..........an..Tf...Y#..:. x:.: Jk.::.:£v.:t�` �:»:b... 5:.
..» �`�T`,.,......v. n. , v.v ..n.. ... ..t.... ...... ..s..�nJn..::v:....... -n'..:. XP� �.v»u .:-.,C.,,:.5:.n- b3..,�
a '; �,..'7�n ng4o.....n «.34x +Y»....:_: ,.ax, >t. a,
..,.w n#, :»,x<:.<n. ,..;n.,u» .. .. .. .. xk zox,'ri. ,xx�csx,.a n ........ ...,.....R''a ...
:x Ys£. h wo-:>zfi. .9"t`o��'�rmX'
_. ..................... :. :.> , ,.n.,...n :z aa..xssn....»: , .<., n..l. n.sxf,ss:�.: � >£<st^-
&,_. a... .. ... ..... .., _ .........,+. K..............t :k. .�,. :S.. .n�n a �'.:, gs»ro'"#sresx:"z»:;
�. �. .� ;Han�sx
...... C. » , : ,a,.v;^�.vv.L',:v.v :»»:v:»::v::.v:.S:vn:g»b a' n.,..:.vnv»»,:T.�'.,:.».: y9
:fi,�` ',n{�31:)Ya ks�k. »,1�n�':'.iYf33:.}�:x2f`,»..�.f
, sn.a:..a.vvn !v«:",^'mwxvv'^vii x:"^ :/:::: ^='Si>
a fi »h'^'PS't4'3 .}nv:,vv....nn» .:.nnn :::,.:.:.s:<`3::.:n: ::»:.�»:..::n.::::.:.>.:.v.:»„:,,vv.:..,».,- ......
.».. ..... ....... » 1.... J a,.: X sn..v.o-,a.,...f, f :'3:G�
... ..... ,: :..n.:n,n,tn .a. J,....,�.:.vw »v..' .::.:..... ....v ina;':f;f.un:::....,..::::�:..:.
:.n., .0,.C,.n..^xsA. +'mF \,.....,nn.....:L:«a�:: ,»,r..,,,,..v.,n.::.4.«g»a .`:tP`Cf?.'
..<. „x<fi`P .. .,..... ..Y.. .....t I .�.. :.,,.n..v.:, :..n...:....n,. .::C'v'k"F,`.;�'. f^ '.%.»'> .:�n>;
.........Y:k.>.. .. ....... ....x�a. S , .....a.......:.. ..x<..wn«v»:r: .»s...u:;;4as.:r Y3:£, .aC.:.:m#is`=�,`'#`,�> .s.. :�s3zx, :%k>S::tts!'rxe.�...
...,.t..tn4+...... .. , :..s..H w», n:w.:. , .».»...x.....:.......nrc:>:x t»..,n x......e..» ...P...... „'
n....S...n..,.`,. .� ......... .. , ....................x.. <. yr
, F.
....... ..<..°t°'�F`.�.,. �@�,....,. ... n : s nx;22C»..nn«,....t...#n:...n..`�.f,..n.n j...n,.x�...nn:..: »:n xfi.. .u:.»n�`: .s... n:2�..x»,gr .�.,
...., , x v :,'2Yx: ......«....:.:...:..�.ff' ..:..n:«:..»:a:.::+Yau.:.m..»�'rr.o...v..:,;tY:::<.. aP2r=ti"u'X.'�X..
...>.\ .A.R. .E.L .tr<a...... n, I. v .� n. .<.v.:.vv..v. "�!'a.,s .��^"..�'n.. r4'Rv
.n, ,», «,.a,.. nn. »» aX,«.»n..v.n,o-.»:,kn:n v.S.:,,a.. xv ,SvX„C+Xv„i.v.. ,U
......, ..»....,.,x .......a.. nn.,..... .r.....v.nU..:3a:::.S tro >.Ffi :.v f n..lw w:'f..�I.:..}.:.: ..da,
n\,.� ».nnn..n::nxs;A;.....n:_....t,.*ifi. ” �, ....t.=..... >,..:... <.f »<u>. �t•�r
�,. n : n^�'4»......n........n....n v u. > §fir........>,,.......xf:.r»....... ..:>..^•P::s..
>t ..„n ,4 .,._..,n«.n,.a,»..» .. .. ,....., ..i .....„..:...:s n...P:..«.:.::::nnn:.......;
n... a.n,n,.�.,n:,.n
.. .P..h :aPi'>Y'u'.s=x`,,n»n.>,.n.`r.:,...v..... :. .xX>+ax: ».,.
...nx,A »xa»,.. .. <. ... .... ... .. ... ,:»n...n::.:s's.z. fak.., .:::, :c:�. :x�.
n '�`,. ...nn.an »,., ...... x> nn Sa.. u..n,.,... ...,...... n+P .. .. ... ... !U:�£'» ,,...�: ��;,
_n...........K.... ...>.....:. vn. � , �,t,.n,».». ,v:.....++x�.»..s„ .Za„ ,.$`.»P. .:.�. f✓Ia! .`�}.
: ..:,.n.:». ,. P4»...::n:..�..max ,.,� ,» l.,:.,n„,,:..�..»,»r»n,»»I=,... .:,.a..'
....... .. .»i..,.,,,».n rn, n«nn.....X<+:x :,>s. � .x».«AZr:: r. :,..P,..:.Viz»,.,.^�u.., ,:.-tF:;� ";":c:'wstt3:�:.. �^” .sxY> ”^,x»?%;3xs 'tdn.
x, �„vaaa »'�':< f:,f g `� 3a >.u..::PS�.W. ,zPYUx',>» >.�»fi n.»n,..::.o-, r:E -p4t,: rc:�G»_.!»`ti.3.�dux` £.:,. :' <� r»..n„;,
., t .<.»»P ww.t,. +. F a.::.n«. ;.:d.:»„ �'. -r�Ygsr. zsz ,;~:
ofk. ?^.,,,.. .n.:» ..n«xPxax£2..,.. .»^a+�xsx£'. ..s+ !„ x.x ..... .. ...... .» � -^.^ '
..� f#':CSfv -.�a :::N X3F'rY:'3:
. wQv .v Q: iaS ......v..v.x <fi: x,a 4\»2.n.:.:..:a.v.'<f..ft..,.,:., , :..., .. :,.`..
. .. >v......... Ia,9if »...:./...,. ...n,v vrcS»?xs..:«A n....v...:....a.f:Y^'khp f.Yr
.. ...........:aP+...n.a"�.....a<. ...... .. ... n..:.:" "-:i::.k;"' !azr:._ sa"'x..,.'_
'�'�?,.... xx"x:.»n:..:n.n...y.nnn..X._.n,. .,.. .. x,............................ `^:ri+C»:a...
n....,...K:.:..:. : :.:.n.v....vn,.n x,�.ICl.`n.a.,n.f..,...;....:.n,.,. .a.v....v.n........
... , , n .. .:.......:.....v.:. n :.:nnn,nn>.v...'tia Y.. .n. ,:.[4....v...
, .. .., ,. n ......f,f.. .:.v na s:.:... n..:...:r:::n.s:ASYi`^xSnYP. :bX'^:s"^ '^:.Y'., ,via_.v
»
x�
'D n�. .:v..:n F»»»»»,an 3s.,. v... � ......, .a.._...... .. Y:. :.::;��ana4i'�.
,,.n.,.,an. n.a:......»...�...x+., nx................ ....... n..r n,..»,..... ,x ...«. Pafif» s..
... �,t an,n,f .n an »n»»........ « ,nPx,�.:»> :. ✓� „..,'i3'.,.: :.aF.,.::n,PZ4•�s�»n ti, a�x... .. .k�
.� V+r xxss;ssi;r» .;y. ^ :--a.'f,. �1,.,yr,-.-,'IIa`r'�.. ','.:»
n,.,.k»C;.w»:» : vv.S.nfi..w.. .S`F`,L »v,...,....n,,.n.n,.,...,.'>.,..,»v,n',:�n`vA»6f...».,.n...n ._L ..,.nvfi4 nv n ,I fi..n .. ..I:=�'
a .. ...n,n .. ,n .x> ...nfn..». .............n..n.»».n,...r,.,.....n........'ilt:.a.1k.�:v.n..nn.nn .,l.l.:'.».v'^'Q'3
... ..x t. v. x' ,,. , +x0^.+..... .:»:n..:...:..:..........:......n....,.............,......v,.nn.n �.....,..v»n£,.vao-'.'.::N .:n:.C;n ..N:'.�.y.-.o:a:2S.":Lr,:i;.<;f.:
........... .'h,9c. n u.»,..w,..... ..v..,». w.»:.».K3:..::.,....».:.:.S.4...i:n::/:::...::,t?.xt:.:.,..<.:::::::::».:.:......::.:.:.nn::..:n..,v.,::..,.:,..,2..A v
fi a ss ;;......,.n............. `z�g «: s.rcun r ,,..n'�'�- N'£,i':: .._��.�..,z`3`»"��»,::�;s:»»
'+c ,i,.,.♦ .aux?.:....,. ,....,x......,.»,.,.xP'F:.,.......,,__sF ..............._.._<..........._.............»+P+. .rF...'. '..:<�.':C ..4`.
v�ax , .» ..,n ..z. ..,vn:..,..a,fas..a,aC:s...v.....'cn.«,•&....,.n......................»......a.»..... ..... .........
S. :,.»n.r..xX..£•�,..»>3:u::».s:#�:.n.»:..5:.:::.n::.,.:«:::n,,.::.J..,l......:...:...::...»
...........,.�'..,.... ..,cc;.ca.,.. : : ...: n.... .. .: n,.,....:: :43- �:xb� .:.<:.; ln.,u:n
,«. .:.mow.».n,n.W ».....z�... ,.'�'.,..�'hn.s�........»,;nn.....n.,:,.n,»,.,.,,,,._„.,.,... ............ .
..t...............................:..a^A'*a,,.C'�*eC..'............................... :»r. +�:»�r.$:".^.�a:^� s:.:,i.. »»;3;n'�'x..,._gx;::ati2r�,3.•^.;v�;:.,,». ,f
.. .. ..n.n:: ..n....,.n..,..,...,..x...,.:.:.�«:..,.:zxc...n..n.:.a.n.::x>;fi»n...�n:.. kz:..Y;x+:>.,..fa.,.:z.xti.,_..x:J.._:::»:,.^.....»,...ry,.x.Hw.„:......
nn +=n
... .,..>...,...........:....”--"......... :.�..............a.,.,.`.��. x� .t ..F.xzF*un n.Ps<.s:rt=`r>>°�t:��: ::.�Ft «:Aw:::.,.nn..'Paj-.,:nx:,»»:»:»T.: n?V:s�x3,:n
: ,�n,S n.n.nn n.,.;.......:nnn,..n...............»,..»'�; ,.. .. ..n........f..?:>'s...a ............_. ........a..... Yx'g":...
n:« .«'a,.n.:F».n...:a,...n.n..................>.,.,.....,.............»....n...,,..nn...........,,....I,n.....»..». >,... .....,.Y,. ,a. t n.::.n«. :.:.
.. n n n .....n» »,.n...n. ,.:c>:..v'n...n,,:..nn..n......n.n....n.n.....................».......,n...nn,«««...:�,a.«A.n,i« ,...
PARCEL NO. 1 Resort Hotel, parking, Casitas, 87.5 Acres
tennis courts, pools, spa facility,
golf practice holes, driving range
and golf clubhouse
PARCEL NO. 2 Western Casitas 6.3 Acres
PARCEL NO. 3 Eastern Casitas 1.7 Acres
4
PARCEL NO. 4 Villas 6.5 Acres
As the table illustrates, the proposed Parcel Map will not result in a change to the uses
permitted within the Project site by the City's General Plan Land Use Policy Map or
Coastal Specific Plan. The proposed Parcel Map merely accommodates the allowable
uses on individual parcels of land for financial and regulatory purposes.
6.2 The design or improvement of the,proposed subdivision is consistent with
applicable general and specific plans. The Citys General Plan Land Use Element and
Official Zoning Map designate the Project site as Commercial Recreational. In order to
subdivide within a Commercial Recreational land use designation, the General Plan and
Zoning Map require new lots to meet certain minimum lot size requirements. In
addition, the proposed Parcel Map must comply with all development standards, such
as setbacks, lot coverage and building height identified in Chapter 17.22 of the
Municipal Code for the CR zoning district.
All newly created lots in the CR zone must meet the following minimum requirements
established by the Municipal Code:
Minimum site area — 20 acres
Minimum lot width — 250 feet
Minimum lot depth —400 feet
Minimum street frontage — 200 feet
Resolution No. 2002-71
Page 17 of 23
Section 17.22.050 authorizes the City Council to modify the minimum lot size for any
newly created parcel through a Conditional Use Permit application. The City Council
hereby modifies the minimum lot size for Parcel No. 4, which will house the villas, to
allow a reduced area of only 6.3 acres. The City Council finds that Parcel 4, as
modified, is adequate in size and shape to accommodate the proposed villas and all
related improvements and to meet all other development standards for the CR zoning
district. The City Council further imposes a condition on the Revised Project requiring
the Project site to be operated as a single, cohesive use. As modified and conditioned
by the City Council, the proposed subdivision will result in four (4) parcels that comply
with or are conditioned to comply with the development standards for the CR zoning
district. Furthermore, the proposed lot division is consistent with the City's General Plan
and Coastal Specific Plan requirement for compliance with zoning criteria.
6.3 The site is physically suitable for the type and density of development that
the proposed Parcel Map will create. The requested subdivisions will allow for a Resort
Hotel with ancillary uses such as golf and spa facilities. The proposed Parcel Map will
not result in any changes of use within the project area, but rather will provide the
Developer with an opportunity to separate each of the proposed uses on separate
parcels for financial and operational purposes. Although the proposed Parcel Map will
create four individual lots, each of the lots will indirectly be accessible from Palos
Verdes Drive South through the use of the hotel entrance driveway. As indicated in
below, the Developer proposes to record a public easement for the purposes of egress
and ingress and trails along the driveway. This will not only allow the public to access
the Project site for trails use, but will also allow public access to the proposed parcels.
6.4 The design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat. The Project site was previously occupied by Marineland,
and much of the site has already been impacted by development. The Revised Project,
as conditioned or modified by the City Council, preserves 6.7 acres of existing rocky
shore/coastal bluff scrub habitat on the Project site and will add 1.2 acres of enhanced
coastal bluff habitat as part of the Revised Project's proposed conservation district. In
addition, the Revised Project has been designed to avoid the 4.54 acres of coastal sage
scrub habitat and the identified wetlands and Mulefat (a sensitive wetland plant type),
existing on the Project site as indicated in the FEIR and the Addendum. Furthermore,
since the proposed Revised Project will generate increased run-off and increased water
usage for the maintenance of the golf course, a drainage plan designed to address
irrigation and runoff will be reviewed by the City to ensure the sensitive marine habitats
off shore are not impacted by the Revised Project. The Revised Project will further be
required to obtain approval from the State Water Resource Control Board for a Storm
Water Pollution Prevention Plan. By implementing the mitigation measures identified in
Sections 5.3 and 5.6 of the FEIR, regarding biology and hydrology, respectively, the
potential impacts from the Revised Project will be reduced to a level of insignificance.
Resolution No. 2002-71
Page 18 of 23
Thus, the proposed Parcel Map will not result in adverse environmental damage or
substantial injury to fish or wildlife.
6.5 The design of the subdivision or type of improvements is not likely to
cause serious public health problems. As indicated earlier in this analysis, the Parcel
Map will not result in newly created lots that will support development that is
inconsistent with the City's General Plan and Coastal Specific Plan. Rather, the Parcel
Map will create individual lots that will accommodate each of the uses proposed for the
Project site for financial and operational purposes. Furthermore, the proposed land
division will allow improvements to the Project site to occur in stages based on specific
parcel improvements. Thus, the proposed Parcel Map will not result in adverse impacts
to the general public.
6.6 The design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. The project site contains numerous easements that
were recorded on the property at the time Marineland and the surrounding residential
tracts were developed. Such easements are for storm drain, sewer and utility purposes.
These easements will remain in full force and effect under the Developer's proposal, as
indicated on the Parcel Map and the Site Plan, and the Revised Project is specifically
conditioned to preserve these easements. Additionally, since the Revised Project
proposes a network of trails, public parking, and public access roads, the Revised
Project will be required to dedicate public access easements with the recordation of the
Parcel Map to ensure continued public ingress and egress and enjoyment of the various
trails and parking.
6.7 The City Council has considered the effect of the parcel map on the
housing needs of the region as set forth in the City's Housing Element. The Revised
Project will be required to comply with the provisions of Section 17.11.140 with respect
to the City's affordable housing requirements. The Revised Project is expected to
create 700 jobs and, therefore, is subject to the City's affordable housing requirements
in the Municipal Code, and the Revised Project is conditioned accordingly to pay the
residential in lieu impact fee that was established by resolution of the City Council.
Section 7. Pursuant to Section 17.64.050, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, the FEIR and
the Addendum, the City Council hereby makes the following findings with respect to
Variance No. 489:
7.1 There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the property, which do not
apply generally to other property in the same zoning district. The Project site is located
in an area designated by the General Plan Land Use Policy Map and the Zoning Map as
a Commercial Recreational (CR) zoning district. Pursuant to Section 17.22.010, the
purpose of this district is to provide entertainment and recreational activities that are
Resolution No. 2002-71
Page 19 of 23
commercial in nature. Furthermore, the Project site is located within the appealable
portion of the City's Coastal District and is, thus, subject to the requirements of the
Coastal Specific Plan, which designates the Project site as an "attractor/generator"
region because of its accessibility to the vast majority of the public living within and
outside the Peninsula. The Project site is unique to other properties within the City.
The Project site is the only commercially zoned property in the City that is intended for
entertainment or recreational activities. Furthermore, it is the only commercially zoned
property within the City's Coastal District designated for such entertainment or
recreational activities. The development requirements applicable to the Project site
require the property to be developed in a manner that provides amenities for the benefit
of the general public and maximizes coastal access. The unique location of the Project
site and its zoning designation, coupled with the applicable development requirements,
result in extraordinary circumstances or conditions that are not generally applicable to
other properties and create development constraints that are not typically associated
with other development projects located within commercial zoning districts. Strict
application of the development standards will deprive the Project site of privileges
enjoyed by other properties in the vicinity and under identical zone classification and
creates a hardship for the property owner. Accordingly, the City Council hereby
determines that the unique circumstances and constraints applicable to the Project site
warrant a variance for relief from the strict requirements of the Municipal Code for
constructing the lower pool facility within the Coastal Setback Zone.
7.2 Granting of the variance will not constitute a special privilege and is
necessary for the preservation and enjoyment of a substantial property right of the
Developer, which right is possessed by other property owners under like conditions in
the same zoning district. Other properties located within the City's Coastal Setback
Zone are developed with swimming pools. At the time the City's Coastal Specific Plan
was adopted, the Coastal Setback Line was delineated along the coastal region of the
entire City based on available geologic information. In response to the establishment of
the Coastal Setback Line and concerns regarding the intrusion of development onto
areas of geologic concern, Section 17.72.040(C) was enacted to prohibit all new
structures or uses located seaward of the Coastal Setback Line. This prohibition
applies, but is not limited to, slabs, walkways, decks six inches or more in height, walls
or structures over 42 inches in height, fountains, irrigation systems, pools, spas,
architectural features, vertical supports, chimneys, and grading involving 20 cubic yards
or more. Based on this Code requirement, the proposed lower pool facility would not be
permitted. However, strict application of the coastal setback line requirements to the
Project site deprives the property owner from enjoying a property right enjoyed by other
property owners in the same zone. Currently available geologic information indicates
that the delineation of the coastal setback line within the Project site does not truly
reflect the ability of the site to sustain development. As discussed more fully in Section
7.3 below, the City's Geotechnical Engineer, after reviewing the geotechnical reports
submitted by the Developer in connection with the variance application, concluded that
the site is geologically stable and can accommodate the proposed development.
Moreover, the location for the proposed lower pool facility was previously graded and
Resolution No. 2002-71
Page 20 of 23
used as a water holding tank by the Marineland development. Based on this new
geological information, the City Council hereby finds that strict application of the Coastal
Setback Line deprives the property owner of the rights and privileges enjoyed by other
property owners in the Coastal Setback Zone, and the requested variance is necessary
to preserve this substantial property right for the Developer.
7.3 The granting of the Variance will not be materially detrimental to the public
welfare or injurious to property and improvements in the area in the vicinity of the
Project site. The proposed pool facility will not be visible from neighboring properties.
The unique topography that surrounds the pool's pad area and the design of the
proposed hotel structure will screen the pool from neighboring properties, isolating the
proposed pool facility between the main hotel structure and the coastal bluffs along the
seaward edge of the Project site. As noted above, the proposed location of the lower
pool facility lies within the Coastal Setback Zone. The coastal setback line was
established based on geologic information to prevent the construction of structures too
close to the top of marginally stable slopes or cliffs. A geotechnical study was prepared
by the Developer in connection with the proposed lower pool facility to analyze the
geologic feasibility of constructing such a structure within the Coastal Setback Zone.
The City's Geotechnical Engineer reviewed the geotechnical study and determined that
the proposed location geologically accommodate the construction of the lower pool
facility. The location of the proposed lower pool facility is underlain by intact basalt
bedrock. Furthermore, the results of the slope stability analysis indicate that the
proposed structure will be located in an area where the factor of safety exceeds 1.5.
Based on this information, the City's Geotechnical Engineer concluded that the
proposed lower pool facility is geologically feasible at the proposed location. From a
public safety perspective, the proposed lower pool facility is located in a very isolated
area, with limited public visibility. Accordingly, the City Council has imposed a condition
requiring the Developer to regularly patrol the area surrounding the lower pool facility,
as well as the nearby shore, with the resort hotel's on-duty personnel during public
access hours. As conditioned, the proposed lower pool facility will not be materially
detrimental to the public welfare or injurious to property and improvements in the area in
the vicinity of the Project site.
7.4 The granting of the Variance will not be contrary to the objectives of
the General Plan or the policies and requirements of the Coastal Specific Plan in that
the City's General Plan Land Use Policy Map designates the Project site as
Commercial/Recreational, which permits the operation of commercial activities that
serve the general public. Furthermore, the City's Zoning Map designates the majority of
the Project site as Commercial Recreational (CR), while the remaining portion of the
property, consisting of the coastal bluffs, is designated as the Open Hazard (OH) zoning
district. The proposed resort hotel, golf academy, public access trails and park area,
and related ancillary structures and uses are permitted with a conditional use permit in
the CR zoning district. The proposed location of the lower pool facility is also subject to
the Natural Environment Element of the General Plan, which designates the area as a
Sea Cliff Hazard Zone. The Natural Environment Element defines a Sea Cliff Hazard
Resolution No. 2002-71
Page 21 of 23
Zone as the area from the base of the ocean side cliff, extending inland to a point where
a line formed by a 20-degree angle from the horizontal plane at the base of a cliff or
bluff would extend out to the surface. This zone has been identified in this manner due
to the fact that a soil mass, according to its composition, stabilizes at various angles of
repose. Some structurally stable soils may have relative steep angles of repose,
whereas other more unstable soils have very low angles of repose. In order to ensure
that all varying conditions of sea cliff erosion are addressed, detailed
engineering/geologic studies are required for any proposed development within a Sea
Cliff Hazard Zone to demonstrate the site's stability and suitability for development. The
applicable provisions of the General Plan state that the development setback dimension
from the sea cliff edge or bluff top in any given area of the Coastal District should take
into account the local geologic conditions and should be judged on an individual basis.
As noted previously, the Developer submitted detailed geotechnical reports in
connection with the variance application. These reports have been reviewed by the
City's Geotechnical Engineer. This review concluded that the proposed location of the
lower pool facility is geotechnically stable and can safely accommodate the lower pool
facility. Finally, the proposed lower pool facility is consistent with the permitted uses
specified by the Coastal Specific Plan. According to the policies set forth in the Coastal
Specific Plan, the development of the Project site must be completed in a manner that
provides adequate public amenities, such as coastal bluff-top trails, throughout the
property. The construction of the lower pool facility in this area will provide an added
public amenity to the resort hotel project because of its close proximity to the shore and
the coastal access trails. The pool facility will provide the general public with an
adequate seating and viewing area, access to the pool kitchen/bar area, outdoor
showers, restroom facilities, and a drinking fountain. Furthermore, the footprint of the
lower pool facility will not obstruct ocean views and will actually provide a public viewing
area from the public section, thereby increasing the public's use and enjoyment of the
area. As conditioned, all pool fencing will be plotted in a manner that secures the pool
area but utilizes materials that will not obstruct views. Furthermore, the Revised Project
has been conditioned to require the lower pool facility to be designed in accordance to
the ADA requirements to ensure that those with special needs who may be using the
Coastal Access Trails can readily access the pool area. Thus, as conditioned, the lower
pool facility structure will result in an added benefit to the general public, and granting
the requested variance will be consistent with the objectives of the General Plan or the
policies and requirements of the Coastal Specific Plan.
Section 8. Based upon the evidence presented in the record, the findings
set forth in Sections 3 through 7, inclusive, of this Resolution, the FEIR and the
Addendum, the City Council hereby approves CUP No. 215, GRP No. 2229, CDP No.
166, Variance No. 489, and TPM No. 26073 subject to the mitigation measures
identified in the FEIR and set forth in Exhibit C to Resolution No. 2002-34 and the
conditions set forth in Exhibit A, attached hereto and incorporated herein by this
reference, and adopts the Statement of Findings and Facts in Support of Findings set
forth in Exhibit A to Resolution No. 2002-70, adopts the Statement of Overriding
Resolution No. 2002-71
Page 22 of 23
Considerations set forth in Exhibit B to Resolution No. 2002-70, and adopts the
Mitigation Monitoring Plan set forth in Exhibit D to Resolution No. 2002-70.
PASSED, APPROVED, AND ADOPTED this 28th day of August 2002, by the
> y g y
following vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
NOES: None
ABSTENTION: None
ABSENT: None
/ /A',
Atli iIA#:f As
Ma Ir. ary
Attest:
4 io,
.0 / J . ., „ ..... _ ,
.... _
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palo Verdes, do hereby certify
that the above Resolution No. 2002-71 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on August 28, 2002.
w
0 19},eke )
City Clerk
Resolution No. 2002-71
Page 23 of 23
EXHIBIT A
LONG POINT RESORT HOTEL
CONDITIONS OF APPROVAL
(Coastal Permit No. 166, Conditional Use Permit No. 215,
Grading Permit No. 2229, Variance No. 489, and Tentative Parcel Map No. 26073)
GENERAL CONDITIONS
1) The approvals granted by this resolution shall not become effective until the
applicant and property owners submit a written affidavit that each has read,
understands and accepts all conditions of approval contained herein. Said
affidavits shall be submitted to the City no later than ninety (90) days from the
date of approval of the project by the City Council. If the applicant and/or the
property owner fail to submit the written affidavit required by this condition within
the required 90 days, this resolution approving Coastal Development Permit No.
166, Conditional Use Permit No. 215, Grading Permit No. 2229, Variance No.
489 and Tentative Parcel Map No. 26073 shall be null and void and of no further
effect.
2) In accordance with the provisions of Fish and Game Code §711.4 and Title 14,
California Code of Regulations, §753.5, the applicant shall submit a check
payable to the County of Los Angeles in the amount of $875.00 for the Fish and
Game Environmental Filing Fee. This check shall be submitted to the City within
five (5) business days of City Council approval of this project. If required, the
applicant shall also pay any fine imposed by the Department of Fish and Game.
3) Each and every mitigation measure contained in the Mitigation Monitoring
program attached as Exhibit "C" of Resolution No. 2002-34 is hereby
incorporated by reference into the Conditions of Approval for Coastal
Development Permit No. 166, Conditional Use Permit No. 215, Grading Permit
No. 2229, Variance No. 489 and Tentative Parcel Map No. 26073.
4) The applicant shall fully implement and continue for as long as the hotel is
operated the Mitigation Monitoring Program attached as Exhibit "C" to Resolution
No. 2002-34 and execute all mitigation measures as identified and set forth in the
Final Environmental Impact Report for the project as certified in said Resolution
No. 2002-34.
5) The owner of the resort hotel and the property upon which the hotel is located
shall be responsible for implementing and ensuring compliance with all of the
conditions of approval stated herein. Accordingly, as used herein, the term
"applicant" shall include the owner of the resort hotel and the property upon
which the hotel is located.
Exhibit A
Resolution No. 2002-71
Page 1 of 36
6) The conditions set forth in this Resolution are organized by application type for
ease of reference. Regardless of such organization, each condition is universally
applicable to the entire project site, unless a condition clearly indicates otherwise.
Said conditions shall be applicable as long as a hotel is operated on the property,
unless otherwise stated herein.
7) In the event that a condition of approval is in conflict or is inconsistent with any
mitigation measure for this project, the more restrictive shall govern.
8) The applicant shall pay the Environmental Excise Tax in accordance with the
Rancho Palos Verdes Municipal Code (RPVMC).
9) The Resort developer shall be responsible for constructing the public amenities
required by these conditions of approval. A bond, letter of credit or other security
acceptable to the Director of Public Works and the City Attorney shall be
provided to secure completion of such Public Amenities.
10) Prior to issuance of any grading or building permits, the applicant shall enter into
an agreement that requires the owner of the property to have the hotel operator
maintain to the City's satisfaction the public amenities, including, but not limited
to the bluff-top park, park benches and tables, public trails (pedestrian and
bicycle), bicycle racks, public restrooms, landscaping, habitat protection, general
public parking lot near the resort hotel building, fences, irrigation, and signs to
name a few, as long as a hotel is operated on the property. Furthermore, the
applicant shall specify in the agreement how funding will be provided to maintain
the public improvements constructed as part of the project which are not
maintained by the City, County or other governmental agency.
11) The Resort owner shall maintain all on-site drainage facilities not accepted by
Los Angeles County, including but not limited to structures, pipelines, open
channels, retention and desilting basins, mechanical and natural filtering
systems, and monitoring systems, so long as the property is operated as a resort
hotel. A bond, letter of credit or other security acceptable to the City shall be
provided to secure completion of such drainage facilities. A bond to cover the
cost of their maintenance for a period of 2 years after completion shall also be
provided to the City.
12) Subject to the agreement of Los Angeles County, the applicant shall turn over all
eligible drainage facilities to the Los Angeles County Public Works Department
upon completion and acceptance of the facilities by the County of Los Angeles.
13) The applicant shall be required to pay 110% of the estimated amount of the cost
of services to be provided on behalf of the City by outside consultants that have
been retained by the City to render services specifically in connection with this
project, in the form of a trust deposit account, prior to commencement of such
services (e.g. golf safety consultant, geotechnical consultants, biologist, and
Exhibit A
Resolution No. 2002-71
Page 2 of 36
landscape architect to name a few.). Services provided by the City Attorney and
other consultants that routinely provide services to the City shall be exempt from
this condition. However, in such cases, the applicant shall adequately fund said
trust deposit accounts prior to the commencement of services, in amounts
reasonably requested by the City, based upon an estimate of the cost of services
for the period of at least 90 days to which services are rendered. In addition, the
trust deposits shall be replenished within thirty days of receipt of notice from the
City that additional funds are needed.
14) All costs associated with plan check reviews and site inspections for the
Department of Public Works shall be incurred by the applicant through the
establishment of a trust deposit with the Director of Public Works at the time of
plan check submittal or site inspection request.
15) All City Attorney costs associated with the review and approval of the conditions
stated herein shall be incurred by the applicant in the form of a trust deposit
established with the City.
16) Six (6) months after the issuance of the Certificate of Occupancy for the main
resort hotel building, the City Council shall review the Conditions of Approval
contained herein at a duly noticed public hearing. As part of said review, the City
Council shall assess the applicant's compliance with the conditions of approval
and the adequacy of the conditions imposed. At that time, the City Council may
add, delete or modify any conditions of approval as evidence presented at the
hearing demonstrates are necessary and appropriate to address impacts
resulting from operation of the project. Said modifications shall not result in
substantial changes to the design of the hotel structures, to the ancillary
structures, or the golf practice facility. Notice of said review hearing shall be
published and provided to owners of property within a 500' radius of the site, to
persons requesting notice, to all affected homeowners associations, and to the
property owner in accordance the RPVMC. As part of the six-month review, the
City Council shall consider the parking conditions, circulation patterns
(pedestrian, bicycle, and vehicular), lighting, landscaping, and noise. The
Council may also consider other concerns raised by the Council, Planning
Commission, Finance Advisory Commission, Traffic Committee and/or interested
parties. The City Council may require such subsequent additional reviews, as
the City Council deems appropriate. This provision shall not be construed as a
limitation on the City's ability to enforce any provision of the RPVMC regarding
this project.
17) These approvals authorize the construction and operation of a resort hotel, a golf
practice facility and other related amenities. Any significant changes to the
operational characteristics of the development, including, but not limited to,
significant changes to the site configuration or golf practice facility; number of
guest rooms (increases or decreases); size or operation of the conference
center, banquet facilities, spa, restaurants, or other ancillary uses or significant
Exhibit A
Resolution No. 2002-71
Page 3 of 36
alterations shall require an application for revision to this Conditional Use Permit
pursuant to the provisions stated in the RPVMC. At that time, the City Council
may impose such conditions, as it deems necessary upon the proposed use
resulting from operations of the project. Further, the Council may consider all
issues relevant to the proposed change of use.
18) These approvals shall expire twenty-four (24) months from the date of the City
Council approval unless building permits for the main hotel structure have been
applied for and are being diligently pursued. Extensions of up to one (1) year
may be granted by the City Council, if requested prior to expiration. Such a time
extension request shall be considered by the City Council at a duly noticed public
hearing, pursuant to the provisions stated in the RPVMC.
19) The hotel spa facility, and all the amenities therein, including the pool, shall be
made available to the general public for a reasonable fee for use basis.
Appropriate promotions shall be offered to encourage use of the spa facility by
non-hotel guests, including area residents.
20) All on-site golf facilities shall be made available to the general public for a
reasonable fee for use basis. Appropriate promotions shall be offered to
encourage use of the on-site golf facility by non-hotel guests, including area
residents
21) Prior to issuance of any Certificate of Occupancy, all golf facilities, public trails,
public parks and public areas shall be designed to protect golfers and the general
public in accordance with common safety standards and practices in the industry,
subject to review and approval by the City's duly assigned Golf Safety
Consultant. The applicant shall establish a trust deposit account with the City to
cover all costs associated with the Golf Safety Consultant's review, as required in
Condition No. 13.
22) Temporary construction fencing and temporary public trail fencing shall be
installed in accordance with RPVMC.
23) All on-site construction and grading activities shall be limited to the hours
between seven a.m. and seven p.m. Monday through Saturday. No construction
shall occur on Sundays or legal holidays as set forth in RPVMC unless a special
construction permit is first obtained from the Director of Planning, Building and
Code Enforcement.
24) Construction and grading activities within the public right-of-way shall be limited
to the days and hours approved by the Director of Public Works at the time of
permit issuance.
25) No on-site repair, maintenance or delivery of equipment and/or materials shall be
performed before seven a.m. or after seven p.m. Monday through Saturday, nor
Exhibit A
Resolution No. 2002-71
Page 4 of 36
on any Sunday or legal holiday, unless otherwise specified in the conditions
stated herein or a Special Construction Permit is obtained from the City.
Emergency repairs are exempt from this condition.
26) All construction activity shall generally adhere to the phasing scheme identified in
the Addendum to the Certified Environmental Impact Report shown in Resolution
No. 2002-70 Any significant_changes to the construction activity schedule shall
be reviewed and approved by the Director of Planning, Building and Code
Enforcement.
27) A Certificate of Occupancy shall not be issued for the Villas or Casitas, unless a
Certificate of Occupancy has been first issued for the main resort hotel building.
Indemnification/Insurance
28) The owner of the property upon which the project is located shall hold harmless
and indemnify City, members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials,
(collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost
or expense, including but not limited to death or injury to any person and injury to
any property, resulting from willful misconduct, negligent acts, errors or
omissions of the owner, the applicant, the project operator, or any of their
respective officers, employees, or agents, arising or claimed to arise, directly or
indirectly, in whole or in part, out of, in connection with, resulting from, or related
to the construction or the operation of the project approved by this resolution.
29) The applicant shall defend, with counsel satisfactory to the City, indemnify and
hold harmless the City and its agents, officers, commissions, boards, committees
and employees from any claim, action or proceeding against the City or its
agents, officers, commissions, boards, committee or employees, to attack, set
aside, void or annul this resolution or one or more of the approvals set forth in
this resolution and PC Resolutions 2001-37, 2001-39, and 2001-40.
Alternatively, at the City's election, the City may choose to defend itself from any
claim, action or proceeding to attack, set aside, void or annul this resolution or
one or more of the approvals set forth in this resolution. In that case, the
applicant shall reimburse the City for all of its costs, including attorney fees,
arising from such claim, action or proceeding. The obligations set forth in this
condition include the obligation to indemnify or reimburse the City for any
attorney fees that the City becomes obligated to pay as a result of any claim,
action or proceeding within the scope of this condition.
The City shall promptly notify the applicant of any claim, action or proceeding
within the scope of this condition and the City shall cooperate fully in the defense
of any such claim or action.
Exhibit A
Resolution No. 2002-71
Page 5 of 36
30) The applicant shall submit to the City Attorney for review and approval an
agreement whereby the applicant shall indemnify, defend and hold the City and
members of its City Council, boards, committees, commissions, officers,
employees, servants, attorneys, volunteers, and agents serving as independent
contractors in the role of city or agency officials, (collectively, "Indemnitees"),
harmless from any claim, demand, damage, liability, loss, cost or expense,
including, but not limited to, death or injury to any person and injury to any
property, caused by golf balls or any other golf—related equipment.
31) The applicant shall procure and maintain in full force and effect during the
operation of the hotel and/or golf practice facility primary general liability
insurance in the amount of $ 2 million dollars, which amount shall be increased
on each fifth anniversary to reflect increases in the consumer price index for the
Los Angeles County area. Such insurance shall insure against claims for injuries
to persons or damages to property that may arise from or in connection with the
long-term operation of the resort hotel and golf practice facility authorized by this
resolution. Such insurance shall name the City and the members of its City
Council, boards, committees, commissions, officers, employees, servants,
attorneys, volunteers and agents serving as its independent contractors in the
role of City officials, as additional insureds. Said insurance, shall be issued by an
insurer that is admitted to do business in the State of California with a Best's
rating of at least A-VII or a rating of at least A by Standard & Poor's, and shall
comply with all of the following requirements:
(a) The coverage shall contain no limitations on the scope of protection
afforded to City, its officers, officials, employees, volunteers or agents
serving as independent contractors in the role of city or agency officials
which are not also limitations applicable to the named insured.
(b) For any claims related to the project, applicant's insurance coverage
shall be primary insurance as respects City, members of its City
Council, boards, committees, commissions, officers, employees,
attorneys, volunteers and agents serving as independent contractors in
the role of city or agency officials.
(c) Applicant's $2 million primary insurance shall apply separately to each
insured against whom claim is made or suit is brought. Additionally,
the limits of applicant's $ 2 million primary insurance shall apply
separately to the project site.
(d) Each insurance policy required by this condition shall be endorsed to
state that coverage shall not be canceled except after 30 days prior
written notice by first class mail has been given to City.
(e) Each insurance policy required by this condition shall be endorsed to
state that coverage shall not be materially modified except after 5
Exhibit A
Resolution No. 2002-71
Page 6 of 36
business days prior written notice by first class mail has been given to
City.
(f) Each insurance policy required by this condition shall expressly waive
the insurer's right of subrogation against City and members of its City
Council, boards and commissions, officers, employees, servants,
attorneys, volunteers, and agents serving as independent contractors
in the role of city or agency officials.
(g) Copies of the endorsements and certificates required by this condition
shall be provided to the City when the insurance is first obtained and
with each renewal of the policy.
(h) No golf facilities may be operated unless such general liability
insurance policy is in effect.
The applicant also shall procure and maintain in full force and effect during the
operation of the hotel and/or golf practice facility additional general liability insurance in
the amount of $ 3 million dollars to insure against claims for injuries to persons or
damages to property which may arise from or in connection with the long-term operation
of the resort hotel and golf practice facility authorized by this resolution. Such insurance
shall likewise name the City and the members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers and agents serving
as its independent contractors in the role of City officials, as additional insureds. Said
insurance, may at applicant's option, be in the form of a separate excess insurance
policy and may be issued by a non-admitted carrier so long as the insurer is authorized
to do business in the State of California with a Best's rating of at least A-VII or a rating
of at least A by Standard & Poor's and shall comply with all of the requirements of
paragraphs a, b, d, e, f and g of this Condition 33.
COASTAL PERMIT NO. 166
32) All plans submitted to Building and Safety for plan check review shall identify the
location of the Coastal Setback Line and the Coastal Structure Setback Line in
reference to the proposed structure.
33) Except as provided herein as part of the Conditional Use Permit and Variance
(allowing the construction of the Lower Pool Facility within the Coastal Setback
Zone), pursuant to the RPVMC, no new uses or structural improvements shall be
allowed in the area seaward of the Coastal Setback Line including, but not limited
to, slabs, walkways, decks 6" or more in height, walls or structures over 42" in
height, fountains, irrigation systems, pools, spa, architectural features, such as
cornices, eaves, belt courses, vertical supports or members, chimneys, and
grading involving more than 20 cubic yards of earth movement, or more than
three feet of cut or fill.
Exhibit A
Resolution No. 2002-71
Page 7 of 36
34) All proposed structures within the Point Fermin Vista Corridor and Catalina View
Corridor shall be constructed in accordance with the height limitations as
identified in the City's Coastal Specific Plan and the project's certified EIR.
CONDITIONAL USE PERMIT NO. 215
Hotel Operations
35) The main hotel building and the freestanding bungalow units shall consist of no
more than an aggregate total of 400 rooms (360 hotel rooms and 40 bungalow
units) and shall not be designed for multiple keys for a configuration exceeding
400 rooms. A main hotel room, for purposes herein, shall consist of any of the
following: a typical guest room, a two-bay suite, one or more multiple-bay rooms
with a single key, or a hospitality suite, as shown in Exhibit 7.14 of the Long Point
Resort Permit Documentation dated June 23, 2000. Furthermore, the bungalow
units shall consist of single-keyed accommodations with one or more bedroom
areas which may contain a living room area as shown in Exhibit 7.15 of the Long
Point Resort Permit Documentation dated June 23, 2000.
36) The casita units shall consist of no more than 50 casita units, with a maximum
keying configuration of three (3) keys per casita unit resulting in a maximum
possible 150 accommodations. The casita units may be sold to individual
persons or private entities, subject to the following restriction: An owner of a unit
may utilize that unit for no more than sixty (60) days per calendar year, and no
more than twenty-nine (29) consecutive days at any one time. A minimum seven
(7) day period shall intervene between each twenty-nine (29) consecutive day
period of occupancy by the owner. When not being used by the owner, the
casitas unit shall be available as a hotel accommodation, which shall be fully
managed by the resort hotel operator. Deed restrictions to this effect, which are
satisfactory to the City Attorney, shall be recorded prior to any sale of any unit.
37) The resort villa units shall consist of no more than 32 single keyed units. The
resort villa units may be sold to private entities, subject to the following
restriction: An owner of a unit may utilize that unit for no more than ninety (90)
days per calendar year, and no more than twenty-nine (29) consecutive days at
any one time. A minimum seven (7) day period shall intervene between each
twenty-nine (29) consecutive day period of occupancy by the owner. The Villas
shall be fully managed by the resort hotel operator when not used by the owners,
and made available for rental by the general public. When not being used by the
owner, the villa shall be available as a hotel accommodation, which shall be fully
managed by the resort hotel operator. Deed restrictions to this effect, which are
satisfactory to the City Attorney, shall be recorded prior to any sale of any unit.
38) If any Villa or Casita unit is not sold or made available for sale, the unit shall be
available as a hotel accommodation which shall be fully managed by the resort
hotel operator.
Exhibit A
Resolution No. 2002-71
Page 8 of 36
39) Any person or entity ("hotel guest") who pays the hotel operator for the privilege
of occupying one or more rooms, bungalows, villas or casitas ("unit") shall not
occupy or have the right to occupy any unit for more than twenty-nine (29)
consecutive days. On or before the twenty-ninth day, the hotel guest shall be
required to check out of the unit(s).
40) Prior to issuance of building permits for the resort villa and casita units, the
following shall be completed:
a) The applicant shall process a tract map in accordance with the
Subdivision Map Act.
b) Deed Restrictions shall be recorded restricting the use and operation of
the resort villas and casitas, in a form acceptable to the City Attorney.
41) The Resort Hotel building, ancillary structures, including but not limited to the
Lower Pool Facility, and all accessory buildings associated with the golf practice
facility shall substantially conform to the plans approved by the City Council and
stamped by the Planning Department with the effective date of this approval.
42) The public section of the Lower Pool Facility, which consists of public restroom
facilities and a viewing deck area, as shown on the plans approved by the City
Council on the effective date of the adoption of these conditions, shall be open
and made available to the general public during City park hours, as specified in
the RPVMC.
43) Approval of this conditional use permit is contingent upon the concurrent and
continuous operation of the primary components of the project, which are the
hotel, villas, casitas, banquet facilities, spa facilities, retail facilities, and the golf
practice facility.
44) Prior to issuance of any Certificate of Occupancy, the use of gardening
equipment for the golf practice facility and landscape areas shall be controlled by
a Golf and Hotel Landscape Maintenance Plan which is subject to review and
approval by the Director of Planning, Building and Code Enforcement, based on
an analysis of equipment noise levels and potential impacts to neighboring
residents. The implementation of the Plan shall be formally reviewed by the
Director of Planning, Building and Code Enforcement three (3) months after the
first day of operation of the golf practice facility, and shall be subsequently
reviewed on an annual basis thereafter. At the three (3) month review, the
Director may determine that the Plan needs to be revised to address potential
noise impacts. The Director may also determine that additional review periods
and/or other conditions shall be applied to the Maintenance Plan.
Furthermore, if the City receives any justified noise complaints that are caused
by the maintenance of the golf or hotel landscaped and lawn areas, as verified by
Exhibit A
Resolution No. 2002-71
Page 9 of 36
the Director of Planning, Building and Code Enforcement, upon receipt of notice
from the City, the operators of the hotel and golf practice facility shall respond to
said verified complaint by notifying the City and implementing corrective
measures within 24 hours from the time of said notice.
The Director's decision on any matter concerning the Landscape Maintenance
Plan may be appealed to the City Council. Any violation of this condition may
result in the revocation of the Conditional Use Permit.
45) All deliveries utilizing vehicles over forty (40) feet in length shall be limited to the
hours of 5:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 9:00
p.m. on Saturday and Sunday. Other vehicles shall be allowed to make
deliveries 24 hours a day.
46) No heliport operations are approved or permitted for the Resort Hotel Area. If in
the future such operations are desired, a revision to this Conditional Use Permit
shall be required. Any such revision shall be reviewed by the City Council
subject to the provisions stated in the RPVMC.
47) The applicant shall provide twenty-four (24) hour monitoring by appropriately
trained hotel personnel of the project site throughout the calendar year. The
monitoring shall include observation of all parks, trails and habitat areas.
Additionally, the resort hotel shall provide regular monitoring of the area
surrounding the lower pool facility and the nearby shore, during City park hours,
as specified in the RPVMC.
48) The Maintenance Building and associated maintenance repairs shall be
conducted in an area that is visually screened with landscaping from public view.
Building Design Standards
49) The resort hotel shall contain the following principal visitor-serving structures and
uses, and shall substantially comply with, and not to exceed, the following square
footage numbers:
a) Conference Center/ Banquet Facilities — 60,000 square feet
b) Restaurant, bar and lounge - approximately 22,500 square feet
c) Resort related retail, visitor services and guest amenities — approximately
20,000 square feet.
d) Spa Facilities — 25,000 square feet
e) Swimming pools - Three for the resort hotel (including the lower pool
facility), one for the West Casitas, one for the Resort Villas, and one within
the spa facility
f) Pool Cabanas: - commensurate with size of adjacent pool
g) Lower Pool Facility — 1,400 square feet (hotel guest area: 680 square feet
of restroom facilities, 350 square feet of pool kitchen area, 6,400 square
Exhibit A
Resolution No. 2002-71
Page 10 of 36
feet of deck area including the 2,400 square foot pool / public area: to be
no less than 2,900 square feet of deck area and 370 square feet of
restroom room facilities)
h) Tennis Courts —two tennis Courts
i) Golf School / Club house — 8,000 square feet.
j) Golf Cart and Maintenance Facility (adjacent to tennis courts) — 4,000
square feet.
k) Parking Structure — 180,000 square feet (459 parking spaces; 239 spaces
on the lower level and 197 on the upper level).
I) Lookout Bar— 3,500 square feet
m) Resort Hotel Entry Trellis — 250 square feet of roof area
50) A Square Footage Certification prepared by a registered surveyor shall be
submitted to the Director of Planning, Building and Code Enforcement, prior to a
framing inspection, indicating that the buildings, as identified in the previous
condition, do not exceed the permitted square footages.
51) The maximum heights of the buildings approved for the project site shall not
exceed the following criteria:
Hotel Building
a. Maximum roof ridgeline 153 feet above sea level — plus fireplace chimney
to the minimum height acceptable by the Uniform Building Code.
b. Maximum height of 86 feet at eastern elevation, as measured from
adjacent finished grade located in the middle of the elevation, 53 feet at
the inland most end of the elevation, and 50 feet from the seaward most
end of the elevation.
c. Maximum height of 50 feet at northern elevation, as measured from
adjacent finished grade, 30 foot maximum at western most end of the
elevation, and 40 foot maximum at the eastern most end of the elevation.
d. Maximum height of 85 feet, as measured from lowest finished grade at the
highest point along the southern elevation, 40 feet at the eastern most end
of the elevation, and 50 feet at the western most end of the elevation.
e. Maximum height of 90 feet, as measured from lowest finished grade
elevation along the western elevation, 60 feet at the seaward most end of
the elevation, and 50 feet at the inland most end of the elevation.
Resort Villas — Maximum height shall not exceed 26 feet, as measured from the
lowest adjacent finished grade to the top of the highest roof ridgeline for those
villa structures located outside of the visual corridor of Vertical Zone 1. If any
Villa structure is located within the visual corridor of Vertical Zone 1, as identified
on the site plan, it shall not exceed a maximum height of 16 feet, as measured
from the lowest adjacent finished grade to the top of the highest roof ridgeline
Exhibit A
Resolution No. 2002-71
Page 11 of 36
Casitas - Maximum height of the casitas located outside of the visual corridor of
Vertical Zone 1 shall not exceed 26 feet as measured from the lowest adjacent
finished grade. The Casitas located within the Coastal Specific Plan's Vertical
Zone 1 shall not exceed 16 feet in height, as measured from the lowest adjacent
finished grade to the top of the highest roof ridgeline.
Bungalows - Maximum height of the bungalows shall not exceed 26 feet as
measured from the lowest adjacent finished grade to the top of the highest roof
ridgeline.
Clubhouse — Maximum height of the clubhouse shall not exceed 16 feet as
measured from the lowest adjacent finished grade to the top of the highest roof
ridgeline.
Golf Maintenance Facility - Maximum height of the maintenance facility shall not
exceed 16 feet as measured from the lowest adjacent finished grade to the top of
the highest roof ridgeline.
Lookout Bar — Maximum height of the Lookout Bar shall not exceed 19 feet as
measured from the lowest adjacent finished grade to the top of the highest roof
ridgeline.
Lower Pool Facility — Maximum height of the lower pool facility shall not exceed
16 feet, as measured from the lowest adjacent finished grade to the top of the
highest roof ridgeline.
Parking Structure - Maximum height of the parking structure shall not exceed 16
feet, as measured from the lowest adjacent finished grade to the top of the
highest parapet wall and railing thereon.
Accessory Structures — Maximum height of all accessory structures shall not
exceed 12 feet, as measured from the lowest adjacent finished grade to the top
of the highest roof ridgeline.
Architectural Features — architectural elements (cupolas, rotundas, and towers)
may exceed the foregoing height limits with the prior written approval of the
Director of Planning, Building and Code Enforcement, provided that such
elements are generally consistent with the plans reviewed by the City Council.
Chimneys - Fireplace chimneys shall be limited to the minimum height
acceptable by the Uniform Building Code
52) A Building Pad Certification shall be prepared by a licensed engineer and
submitted to Director of Planning, Building and Code Enforcement prior to final
inspection of grading activities. A Roof Ridgeline Certification, indicating the
maximum height of each building, shall be prepared by a licensed engineer and
Exhibit A
Resolution No. 2002-71
Page 12 of 36
submitted to Director of Planning, Building and Code Enforcement prior to the
final framing certifications for each building.
53) In no event shall any structure, including architectural features, exceed the
elevation height of Palos Verdes Drive South, as measured from the closest
street curb, adjacent to the Resort Hotel Area. This condition shall not apply to
chimneys built to the minimum standards of the Uniform Building Code.
54) Glare resulting from sunlight reflecting off building surfaces and vehicles shall be
mitigated by such measures as incorporating non-reflective building materials
and paint colors into the design of the hotel architecture, as well as landscaping
around the buildings and parking lots.
55) The design of the parking structure shall resemble the hotel architecture and
shall be subject to review and approval by the Director of Planning, Building and
Code Enforcement. The materials used for the parking structure shall be
reviewed and approved by the Director of Planning, Building and Code
Enforcement prior to issuance of building permits.
56) The applicant shall submit an Architectural Materials Board for review and
approval by the Director of Planning, Building and Code Enforcement prior to
issuance of building permits. The Materials Board shall identify, at the least, a
sample of the proposed exterior building materials, such as roof tile materials and
paint colors.
57) The hotel buildings, and ancillary structures, shall be finished in a muted earth-
tone color, as deemed acceptable by the Director of Planning, Building and Code
Enforcement during the review of the Materials Board.
58) The roof materials for all pitched roofs of the hotel buildings, including but not
limited to the Villas, Casitas, Bungalows, Golf Clubhouse and all other ancillary
structures, shall be tile, consisting of a muted color, as deemed acceptable by
the Director of Planning, Building and Code Enforcement during the review of the
Materials Board. The material for all flat roofs shall be a color that is compatible
with the color of the tiles used on the pitched roofs throughout the resort hotel, as
deemed acceptable by the Director of Planning, Building and Code Enforcement.
59) All trash enclosure areas shall be designed with walls six (6) feet in height with
the capability of accommodating recycling bins. The enclosures shall be
consistent with the overall building design theme in color and material, and shall
include self-closing / self-latching gates. The enclosures shall integrate a trellis
type roof cover to visually screen and to reduce their visibility from all public
rights-of-way and surrounding properties.
60) In accordance with the Commercial Recreational zoning district, the Resort Hotel
Area shall not exceed a maximum lot coverage of thirty (30%) percent. For the
Exhibit A
Resolution No. 2002-71
Page 13 of 36
purpose of this project, the definition of Lot Coverage shall adhere to the
residential standards set forth in Section 17.02.040(A)(5) of the RPVMC.
61) In addition to the Coastal Setback line, as required by the RPVMC, all other
building setbacks shall comply with the Commercial-Recreational zoning
requirements, unless otherwise noted herein. A Setback Certification shall be
prepared by a licensed engineer and submitted to Building and Safety prior to the
framing inspection on each structure.
Public Amenities (Trails and Parks)
62) Prior to the issuance of any building or grading permits for the hotel, casitas, spa,
villas, or clubhouse, the applicant shall submit and receive approval for a Public
Amenities Plan which shall include specific design standards and placement for
all trails, vista points, parking facilities, signs, and park areas within the project
site, as specified in the conditions herein. Additionally, the Plan shall include the
size, materials and location of all public amenities and shall establish a regular
maintenance schedule. City Staff shall conduct regular inspections of the public
amenities. The Plan shall be reviewed and approved by the City Council at a
duly noticed public hearing, as specified in the RPVMC.
63) Prior to the issuance of any Certificate of Occupancy or the operation of the golf
practice facility, whichever occurs first, the applicant shall complete the
construction of the following public access trails, public parks and other public
amenities within the project site, except for the Lookout Bar, which shall be
constructed within six (6) months after the issuance of the first Certificate of
Occupancy for the resort hotel:
a. Implementation of the Public Amenities Plan (such as benches, drinking
fountains, viewing telescopes, bicycle racks, fences, signs, irrigation, and
landscaping)
b. Public trails and trail signs to the satisfaction of the City (The Marineland
Trail Segment (C5), Long Point Trail Segment (D4), Flowerfield Trail
Segment (E2), and Café Trail Segment (J2) improvements).
c. Bicycle paths along southern lane of Palos Verdes Drive South adjacent to
the project site.
d. The coastal public parking area within the resort hotel project area serving
the coastal access points.
e. The expansion of the Fishing Access Parking Lot.
f. Improvements to the existing Fishing Access Parking lot.
g. Improvements to the Public Restroom facility at the Fishing Access site.
h. Public section of the Lower Pool Facility (consisting of outdoor tables and
seating, men and women restroom and changing facilities, planter boxes
with trees that provide shaded seating areas, access to the pool kitchen
facility, outdoor showers and drinking water fountains).
i. The 2.2 acre Bluff-Top park.
Exhibit A
Resolution No. 2002-71
Page 14 of 36
j. Habitat Enhancement area.
64) The City encourages incorporation of a marine theme into the project's public
trails and park area.
65) The applicant shall upgrade the Los Angeles County Fishing access parking lot,
fencing, signs, and landscaping to be consistent with the proposed 50 space
parking lot expansion on the project site. Said improvements shall be reviewed
and approved by the County of Los Angeles or the subsequent landowner of the
Fishing Access, and shall be constructed prior to issuance of any Certificate of
Occupancy for the resort hotel.
66) The applicant shall improve, to the satisfaction of the Director of Planning,
Building and Code Enforcement and Public Works Director, the existing public
restroom facility located at the Los Angeles County Fishing Access to
architecturally and aesthetically resemble the resort hotel buildings and related
public amenities. Said improvements shall be reviewed and approved by the
County of Los Angeles or the subsequent landowner of the Fishing Access, and
shall be constructed prior to 'issuance of any Certificate of Occupancy for the
resort hotel.
67) Prior to the issuance of any Certificate of Occupancy, or prior to recordation of
Final Parcel Map No. 26073, whichever occurs first, the applicant shall dedicate
easements over all public trails, habitat areas, vista points, and public amenities
to the City of Rancho Palos Verdes.
68) Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate the
2.2 acre Bluff-Top park and 1.0 acre adjacent Fishing Access parking lot
expansion (50 parking spaces) to the City. Maintenance of the trails, park
grounds and landscaping, including but not limited to the landscaping located
within the Fishing Access Parking Lot shall be maintained by the applicant as
long as a hotel is operated on the property.
69) Prior to issuance of any Certificate of Occupancy, the applicant shall dedicate an
easement to the City and construct two Public Vista Points along the Long Point
Trail Segment (D4) in locations to be approved by the Director of Planning,
Building, and Code Enforcement in the review of the Public Trails Plan. Habitat
fencing, as well as habitat protection signs shall be posted in and around any
vista point. The square footage of any Habitat Enhancement Area or the 50-foot
transitional area that is used for the vista points shall be replaced at a ratio of 1:1.
70) Prior to recordation of any final map or issuance of any building or grading
permits, the applicant shall submit to the Director of Public Works a Public Trails
Plan which identifies the on-site and off-site pedestrian and bicycle trails
proposed for the project for review and approval by the City Council. The plan
shall include details regarding trail surface, trail width, and trail signage.
Exhibit A
Resolution No. 2002-71
Page 15 of 36
Furthermore, all trail segments shall be constructed with appropriate trail
engineering techniques, as approved by the City's Director of Public Works, to
avoid soil erosion and excessive compaction. The public trails, as identified in
the city's Conceptual Trails Plan shall include: the Marineland Trail Segment
(C5); the Long Point Trail Segment (D4); the Flower Field Trail Segment (E2);
and the Café Trail Segment (J2). Furthermore, the beach access trail at the
southeast corner of the project site shall also be kept open to the public and shall
be maintained by the applicant.
71) Prior to issuance of any Certificate of Occupancy, the applicant shall construct
class I and class II bikeways along Palos Verdes Drive South, adjacent to the
project site, to the satisfaction of the Director of Public Works. In the event any
drainage grates are required, all grates shall be installed in a manner that is
perpendicular to the direction of traffic to the satisfaction of the Director of Public
Works.
72) All project related trails, as identified in the City's Conceptual Trails Plan, shall be
designed to the following minimum standards for trail widths, with easements
extending an additional foot on either side of the trail:
a. Pedestrian Only—4 foot improved trail width, 6 foot dedication
b. Pedestrian/Equestrian — 6 foot improved trail width, 8 foot dedication
c. Pedestrian/Bike - 6 foot improved trail width, 8 foot dedication
d. Joint Pedestrian/Golf Cart— 10 foot improved trail, 12 foot dedication.
Standard golf cart-only paths, if constructed, shall be 6 feet wide, and require no
easement dedication.
If a golf cart path is parallel, but not immediately abutting, a pedestrian path, a 2-
foot minimum separation between the two paths shall be incorporated into the
design of the paths in question and shall be maintained at all times thereafter. If
a golf cart path is a immediately abutting a pedestrian path without separation,
the golf cart path shall be curbed.
73) Where feasible, the applicant shall design, to the satisfaction of the Director of
Planning, Building, and Code Enforcement, public trails, public restrooms and
public park facilities that are in compliance with the American Disabilities Act
requirements.
74) The Lower Pool Facility and the trail from the public parking lot nearest the hotel
building to the Lower Pool Facility shall be constructed in compliance with all the
standards established by the American with Disabilities Act (ADA).
75) Where feasible, the applicant shall design trails, to the satisfaction of the Director
of Planning, Building and Code Enforcement, that do not exceed a maximum
gradient of twenty (20%) percent.
Exhibit A
Resolution No. 2002-71
Page 16 of 36
9E 40 L1 abed
I.L-ZOOZ •oN u0!1nlosO�I
d l!gluxD
palueld aq osle (legs `i7 -ZOOZ •oN uo!TnIosed Jo «0„ pq!gx2 se payoene (o -c )
weaboad bu!aopuolN uo!1e5!1!lAl paidope aqi u! pe!4!oads se `eead UOWOOU8U3
lepgeH aqi 4o puelu! ewe bu!1ueld app loo4-0q eye `uo!1!ppe ul •siueld an!1eu
AIIBOoi `algef!ns 4o 1s!suoO !legs lepgeH I4nIB eqT pue AIJJalin8 en18 opunbas
ID eqT Jo4 Jejjnq weld a se senaes yolgM `ea lv TuawaouequD Te1!geH eq
(eeJ±wedded ep!aold) snllopyiu!gaael
snu!ys `(8881 aaddad e!uaoJ!IeO) alloN snu!ys `(se!oeds Ile) xluaogd `(ea q.
an!Io) e!doan2 8810 `Japuee1O wnpeN `sn4dAleon2 :Bale eie!peww! aye umM JO
aps-uo is!xa go!gM sa!3ads bu!MOIioJ eye aoj ideoxa `aTTaled weld NT u! papnlou!
aq 'legs sa!oeds weld an!senu! oN •an000 ;ou II!M uo!TeTe6en papaioad pue
anileu o1 spedw! pap!noad `elq!see4 a eqM bu!dBOSpuBI ieioy aye jo ub!sap
aqi u! paz!I!ln aq !legs alialed weld InIoloo Il!M q nnoab weld Jayno JO
aaa� woa4 sloedw! aanin4 win ions up loefoad eye u! pepuep! se saop!aaoO Ma!n
peloaload luno33e ow! ajlei osle Ileys ueld eyl •ueId eye luawaldw! papeau aq
II!M lag auaR peal pea!nbea eye pue saOanos pees pue weld aqi AJRuap! 'legs ueld
ail •DWnd J eye 4o s4uauaea!nbaa aeygo lle pue `e!aa1!Jo ub!sep weisAs uo!Teb!aa!
aye `sTuauaea!nbaa 6u!1ueId eye `e3ueu!pJO uo!1enaesaad Ma!A eye `sTdeouoo
uo!1enaasuoO Ja1BM aqi ypM / Iduao° Keys ueld adeospuei leweweuJO ail
•lndu! pue M8!nea JOJ `Ale!oos weld eA BN e!uaoJ!IeO
aqi uaOJ4 san!1ewasaadea papw!I iou bu!pnI3u! `ollgnd algellene
epew aq osle (legs ueld ade3spue1 aye `M8!nea s,Joppaala eye bu!ana •M8!nea
inns bu!13npuo3 u! Ap!3 aqi Aq peaanou! sTso3 Ile aen03 01 sueld adeospuei
4o lepWgns aqi Jo!ad Apo aqi q M 1uno33e T!sodea Isnal a ys!igelse Ileys
1ue3!Idde ail •s1!uaaed 5u!peJ6 JO bulpllnq Cue Jo aOuenss! Jo!ad `43 ayi
Aq pally Islueloq pa!4!Ienb e pue l3apyoad adeospuei pa!4!Ienb a `1ueweOaoJu2
epos pue 6u!pI!n8 `bu!uueld Jo Joloea!a aye Aq panoadde pue paMe!naa aq
!legs ueld ade3spuei eyl •O1AJnd2J u! yfoJ las spaepue1s aqi y1!M 03u813J0038
u!
loepLioiv ade3spuei pe!4!Ienb e Aq paaedaad eq Begs ueld ade3spuei d (9L
•Bead wauaaoueyuD
lepgBH aqi ow! IOeoa3ue lou 'legs alp an 4o uol od sI!eal ollgnd
IId • 7C-ZOOZ •oN uo!lnlose Aq I!OunoO Apo aqi Aq paldope seanseaw uo!Teb!Tlifl
aqi u! pe!4!Oads se 'wins J4nlq IeTseoO aye to sq!ui!! puelu! eye uaOJJ paanseaw
se `ap!M deal (OE) /<4J!111 aq Begs Bead weuaeoueyup lei!geH eyl • Je8 �no)looq
aqi Jo you Ala1e!peww! adols aqi jo eoi aqi 6Upped sse3Od bulysld
i iunoo salabud soi aqi uaOJJ puejxe Keys eaN wawa3ueyup iewgeH ail (LL
•AauaoT1d AT!O eye Aq peldeooe pue paMa!naa aq lsa!J Ileys pue `sapaan
soled ogoue A4!O ail Jo JOA8J u! papaoOaa aq 'legs luawasee uo!1enaesuoO
ail •Bawd luewe3ueyu3 iewieHieoel-4,Inie eye bu!aenoo luawasee uo!lenaesuoo
e pa00ea Reis 1ueO!Idde aqi `sl!Lwed bu!peab JO bulpllnq Cue jo a3uenss! Jo!ad (9L
uo! B1ebeN6u!deospue1
with suitable, locally native plants and grasses. When available , it is
recommended that seeds and plants for both areas come from local sources.
The applicant shall submit for review and approval by the Director of Planning,
Building and Code Enforcement and a qualified biologist, at the expense of the
applicant, a Habitat Enhancement Management Plan that shall ensure regular
maintenance to prevent propagation of invasive plants into the Habitat
Enhancement or buffer areas and that any invasive plants that do propagate into
the Habitat Enhancement Area will be immediately removed. Said Management
Plan shall be submitted for review and approval at the same time as the
Landscape Plan.
79) Landscaping proposed surrounding the Resort Villas shall be situated in a
manner that, at maturity, visually screens the buildings from Palos Verdes Drive
South, as well as visually separates the dense appearance of the Villas. Said
landscaping shall also be permitted to grow beyond the maximum height of the
Villas' roof ridgeline, only when such landscaping is able to screen the roof
materials and not block a view corridor, as determined by the Director of
Planning, Building and Code Enforcement at the time the Landscape Plan is
reviewed.
80) Reasonable efforts shall be made by the applicant to preserve and replant
existing mature trees, as deemed acceptable by the Director of Planning,
Building and Code Enforcement. Any replanted trees, if invasive, shall not be
located in the native plant area (30-foot Habitat Enhancement Area and 50-foot
transition area). Any such replanted or retained trees shall be noted on the
required landscape plans.
81) Where practical, landscaping shall screen the hotel building, ancillary structures,
and the project's night lighting as seen from surrounding properties and/or public
rights-of-way, as depicted on the Landscape Plan.
Lighting
82) The applicant shall prepare and submit a Lighting Plan for the Resort Hotel Area
in compliance with the RPVMC. The Lighting Plan shall clearly show the
location, height, number of lights, wattage and estimates of maximum illumination
on site and spill/glare at property lines for all exterior circulation lighting, outdoor
building lighting, trail lighting, parking lot lighting, landscape ambiance lighting,
and main entry sign lighting. The Lighting Plan shall be submitted for review and
approval by the Director of Planning, Building and Code Enforcement prior to
issuance of any building permit for the Resort Hotel Area. Furthermore, prior to
the Director's review, the Lighting Plan shall be reviewed and approved by a
qualified biologist for potential impacts to wildlife.
Exhibit A
Resolution No. 2002-71
Page 18 of 36
83) Parking and Security lighting shall be kept to minimum safety standards and shall
conform to City requirements. Fixtures shall be shielded so that only the subject
property is illuminated; there shall be no spillover onto residential properties or
halo into the night sky. A trial period of ninety (90) days from the installation of
the project exterior lighting for the hotel, spa, west casitas, east casitas, villas,
clubhouse, golf practice facility, tennis courts, surface parking lots, and parking
structure shall be assessed for potential impacts to the surrounding environment.
At the end of the ninety (90) day period, the Director of Planning, Building and
Code Enforcement may require additional screening or reduction in the intensity
or number of lights which are determined to be excessively bright or otherwise
create adverse impacts.
84) Outdoor tennis court lighting shall be permitted on individual timers up to 10:00
p.m. Light poles for such lighting shall not exceed an overall height of 16 feet,
including the light fixture.
85) No golf practice facility lighting shall be allowed other than safety lighting for the
use of trails through the golf practice facility areas and lighting for the clubhouse
and adjacent parking lot.
Signs
86) Prior to the issuance of any building, a Uniform Sign Program shall be submitted
to the Planning Department for review and approval by the City Council, at a duly
noticed public hearing. The Sign Program shall include all exterior signs
including resort identification signs, spa identification signs, golf practice facility
signs including routing signs and any warning signs, public safety signs for trails
and park areas, educational signs about habitat or wildlife and any other
proposed project signs. Furthermore, the Sign Program shall indicate the colors,
materials, locations and heights of all proposed signs. Said signs shall be
installed prior to issuance of any Certificate of Occupancy.
Utilities/Mechanical Equipment
87) Prior to issuance of any Certificate of Occupancy, all utilities exclusively serving
the project site shall be placed underground including cable television, telephone,
electrical, gas and water. All appropriate permits shall be obtained for any such
installation. Cable television, if utilized, shall connect to the nearest trunk line at
the applicant's expense.
88) Prior to issuance of any Certificate of Occupancy, all existing above ground
utilities serving the project site within the public right-of-way adjacent to the
property frontage of the project site shall be placed underground by the applicant.
In addition, the two (2) power poles on either side of Palos Verdes Drive South,
and the lines thereon, shall be placed underground.
Exhibit A
Resolution No. 2002-71
Page 19 of 36
89) No above ground utility structures cabinets, pipes, or valves shall be constructed
within the public rights-of-way without prior approval of the Director of Public
Works.
90) Mechanical equipment, vents or ducts shall not be placed on roofs unless the
applicant demonstrates, to the satisfaction of the Director of Planning, Building
and Code Enforcement, that there is no feasible way to place the equipment
elsewhere. In the event that roof mounted equipment is the only feasible
method, all such equipment shall be screened and/or covered to the satisfaction
of the Director of Planning, Building, and Code Enforcement so as to reduce their
visibility from adjacent properties and the public rights-of-way. Any necessary
screening or covering shall be architecturally harmonious with the materials and
colors of the buildings, and shall not increase any overall allowed building height
permitted by this approval. This condition shall apply to all buildings in the
Resort Hotel Area, including but not limited to, the hotel, bungalows, casitas,
villas, spa, and golf clubhouse.
91) Use of satellite dish antenna(e) or any other antennae shall be controlled by the
provisions set forth in the RPVMC. Centralized antennae shall be used rather
than individual antennae for each room, building or accommodation.
92) Mechanical equipment, regardless of its location, shall be housed in enclosures
designed to attenuate noise to a level of 65 dBA at the project site's property
lines. Mechanical equipment for food service shall incorporate filtration systems
to eliminate exhaust odors.
93) All hardscape surfaces, such as the parking area and walkways, shall be
properly maintained and kept clear of trash and debris. The hours of
maintenance of the project grounds shall be restricted to Mondays through
Fridays from 7:00 a.m. to 5:00 p.m., and on Saturdays from 9:00 a.m. to 4:00
p.m. Said maintenance activities shall be prohibited on Sundays and National
holidays.
94) The storage of all goods, wares, merchandise, produce, janitorial supplies and
other commodities shall be permanently housed in entirely enclosed structures,
except when in transport.
Fences, Walls, and Gates
95) No freestanding fences, walls, or hedges shall be allowed, unless a Uniform
Fencing Plan is reviewed and approved by the Director of Planning, Building, and
Code Enforcement, except as otherwise required by these conditions or the
mitigation measures set forth in the Mitigation Monitoring Plan attached as
Exhibit "C" to Resolution No. 2002-34. Said Fencing Plan shall be reviewed and
approved prior to issuance of any building permit and shall be installed prior to
issuance of any Certificate of Occupancy. No entry gates shall be permitted.
Exhibit A
Resolution No. 2002-71
Page 20 of 36
96) The design of the fencing required along the bluff top park, bluff top trails, and
the Habitat Preserve Areas shall be included in the Public Amenities Plan, as
required herein. Said fencing shall be modeled to generally resemble the wood /
cable fence installed in City parks, such as Shoreline Park and Ocean Trails.
97) All pools and spas shall be enclosed with a minimum 5' high fence, with a self-
closing device and a self-latching device located no closer than 4' above the
ground.
98) All fencing surrounding the Lower Pool Facility, including pool and spa security
fencing, shall be constructed in a manner that meets the minimum fence
standards for pool safety, as noted in the above condition, and shall minimize a
view impairment of the coastline as determined by the Director of Planning,
Building and Code Enforcement.
99) No safety netting for the golf course or practice facility shall be permitted.
100) Any on-site fencing along Palos Verdes Drive South shall be no higher than two
(2) feet in height and shall be modeled to generally resemble the fencing installed
along Palos Verdes Drive West for the Ocean Front Estates project. The
landscaping along said fence shall be limited to 1-foot in height.
Source Reduction and Recycling
101) Prior to issuance of any Certificate of Occupancy, the applicant shall prepare and
submit to the Director of Public Works for review and approval a comprehensive
Integrated Waste Management Plan that addresses source reduction, reuse and
recycling. The Plan shall include a description of the materials that will be
generated, and measures to reduce, reuse and recycle materials, including, but
not limited to, beverage containers, food waste, office and guest room waste.
The Plan shall also incorporate grass cycling, composting, mulching and
xeriscaping in ornamental landscaped areas. Grass cycling, composting, or
mulching shall not be used in the Habitat Areas. It is the City's intention for the
project to meet Local and State required diversion goals in effect at the time of
operation. The specifics of the Plan shall be addressed by the applicant at the
time of review by the Director of Public Works.
102) Prior to issuance of any building or grading permits, an approved Construction
and Demolition Materials Management Plan (CDMMP or the Plan) shall be
prepared and submitted to the Director of Public Works for approval. The
CDMMP shall include all deconstruction, new construction, and
alterations/additions. The CDMMP shall document how the Applicant will divert
85% of the existing on-site asphalt, base and concrete, through reuse on-site or
processing at an off-site facility for reuse. The Plan shall address the parking
lots, concrete walkways, and other underground concrete structures. The Plan
Exhibit A
Resolution No. 2002-71
Page 21 of 36
shall also identify measures to reuse or recycle building materials, including
wood, metal, and concrete block to meet the City's diversion goal requirements
as established by the State Integrated Waste Management Act (AB 939). In no
case shall the Plan propose to recycle less than the state mandated goals as
they may be amended from time to time.
103) Prior to issuance of any Certificate of Occupancy, a Construction and Demolition
Materials Disposition Summary (Summary) shall be submitted to the Director of
Public Works upon completion of deconstruction and construction. The
Summary shall indicate actual recycling activities and compliance with the
diversion requirement, based on weight tags or other sufficient documentation.
104) Where possible, the site design shall incorporate for solid waste minimization, the
use of recycled building materials and the re-use of on-site demolition debris.
105) The project site design shall incorporate areas for collection of solid waste with
adequate space for separate collection of recyclables.
Street and Parking Improvements
106) Prior to issuance of any Certificate of Occupancy, emergency vehicular access
shall be installed at the project site, specifically to the hotel, villas, casitas, and
the golf club house and golf practice facilities. A Plan identifying such
emergency access shall be submitted to the Fire Department and the Director of
Public Works for review and approval prior to issuance of any grading or building
permit.
107) Prior to issuance of any building permit, the applicant shall prepare an
Emergency Evacuation Plan for review and approval by the Director of Planning,
Building and Code Enforcement. Said plan shall comply with the City's SEMS
Multihazard Functional Plan.
108) The applicant shall construct and retain no fewer than 875 parking spaces on the
resort property, of which 50 parking spaces shall be dedicated for public use
during City Park Hours, which are from one hour before sunrise until one after
sunset. The 50 dedicated public parking spaces on the resort hotel property
nearest to the hotel building may be used by the hotel to accommodate its
overflow valet parking needs when the City parks are closed for those wishing to
use hotel amenities but who are not staying overnight. Additionally, these 50
public parking spaces may be used by the operator of the resort hotel for special
events during City park hours, provided that a Special Use Permit is obtained
from the Planning Department, which shall be processed pursuant to the
provisions of the RPVMC. The applicant shall install signs in the public parking
lot nearest to the hotel building stating that additional public parking is available
at the Fishing Access parking lot. The applicant shall also expand the Fishing
Exhibit A
Resolution No. 2002-71
Page 22 of 36
Access Parking Lot by constructing 50 additional public parking spaces that shall
be deeded to the City as a public parking area.
109) Prior to issuance of any Certificate of Occupancy, an appropriate public access
easement in favor of the City across the resort entry drive from Palos Verdes
Drive South to the designated public parking area adjacent to the main hotel
building, in a form acceptable to the City Attorney, shall be recorded.
110) A Parking Lot Plan shall be reviewed and approved by the Director of Planning,
Building and Code Enforcement prior to issuance of project-related grading
permits. The Parking Lot Plan shall be developed in conformance with the
parking space dimensions and parking lot standards set forth in RPVMC, and
shall include the location of all light standards, planter boxes, directional signs
and arrows. No more than 15% of the total parking spaces shall be in the form of
compact spaces. The filing fee for the review of the Parking Plan shall be in
accordance to the City's Fee Schedule as adopted by Resolution by the City
Council.
111) Prior to the recordation of any final map, or issuance of any grading permit, the
applicant shall submit security, in a form reasonably acceptable to the City, to
cover any damage caused to existing public roadways during construction. The
amount of said security shall be determined by the Director of Public Works.
112) Prior to issuance of any Certificate of Occupancy, the applicant shall replace all
damaged curbs, gutters, and sidewalks along the project's Palos Verdes Drive
South frontage, as determined by the Director of Public Works. Prior to approval
of the Street Improvement Plan, the applicant shall post a security bond in an
amount sufficient to ensure completion of such improvements, including, without
limitation, the costs for labor and material. The amount of such security shall be
determined by the Director of Public Works
113) All proposed driveways shall be designed in substantially the same alignment as
shown on the approved site plans, subject to final design review and approval by
the Los Angeles County Fire Department and the Director of Public Works.
114) Any on-site raised and landscaped medians and textured surfaces shall be
designed to standards approved by the Director of Public Works.
115) Handicapped access ramps shall be installed and or retrofitted in accordance
with the current standards established by the Americans with Disabilities Act.
Access ramps shall be provided at all intersections and driveways.
116) If excavation is required in any public roadway, the roadway shall be resurfaced
with an asphalt overlay to the adjacent traffic lane line to the satisfaction of the
Director of Public Works.
Exhibit A
Resolution No. 2002-71
Page 23 of 36
117) Prior to commencing any excavation within the public rights-of-way, the applicant
shall obtain all necessary permits from the Director Public Works.
118) Prior to the recordation of a final map or issuance of any building or grading
permits, whichever comes first, the applicant shall construct or enter into an
agreement and post security guaranteeing the construction of the following public
and/or private improvements in conformance with the applicable City Standards:
street improvements, medians, sidewalks, drive approaches, bus turnouts and
shelters, bikeways, trails, signing, striping, storm drain facilities, sub-drain
facilities, landscape and irrigation improvements (medians, slopes, parks, and
public areas including parkways), sewer, domestic water, monumentation, traffic
signal systems, trails, and the undergrounding of existing and proposed utility
lines. If security is posted it shall be in an amount sufficient to ensure completion
of such improvements, including, without limitation, the costs for labor and
materials. The amount of such security shall be determined by the Director of
Public Works. The security referred to in this condition may be grouped into one
of the following categories, provided that all of the items are included within a
category: 1) Landscape and Irrigation; 2) On-site Street Improvement Plans and
Parking, and 3) Palos Verdes Drive South Improvements.
119) Prior to the issuance of any Certificate of Occupancy, the applicant shall
complete the street improvements to Palos Verdes Drive South as identified in
the Mitigation Measures set forth in the Mitigation Monitoring Plan attached as
Exhibit "C" to Resolution No. 2002-34. The improvements shall include the
following: Installation of a new traffic signal on Palos Verdes Drive South at the
project entrance, a right turn lane for south-bound traffic to facilitate ingress into
the project and a lengthened left turn lane for north-bound traffic to facilitate
ingress into the project.
120) Prior to issuance of any Certificate of Occupancy, the applicant shall improve
with landscaping and irrigation the median and parkway along Palos Verdes
Drive South, in the area generally located in front of the project site's entrance
driveway, including the portion of the median that is to be improved with an
expanded left-turn pocket, up to the eastern most driveway of the Fishing Access
Parking Lot. If available, said landscaping shall consist of non-invasive plant
species, except the permitted invasive species listed in Condition No. 78, as
deemed acceptable by the Director of Public Works.
121) The design of all interior streets shall be subject to review and approval by the
Director of Public Works.
122) The applicant shall dedicate vehicular access rights to Palos Verdes Drive South
to the City, except as provided for private driveways and emergency access as
shown on the site plan.
Exhibit A
Resolution No. 2002-71
Page 24 of 36
123) Prior to the approval of Street Improvement Plans, the applicant shall submit
detailed specifications for the structural pavement section for all streets, both on-
site and off-site including parking lots, to the Director of Public Works for review
and approval.
Traffic
124) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the
City of Los Angeles for its fair share of the following improvements to the
intersection of Western Avenue (NS) at 25th Street (EW): Provide east leg of 25th
Street with one left turn lane, two through lanes, and one right turn lane.
125) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the
City of Rolling Hills Estates for its fair share of the following improvements to the
intersection of Hawthorne Boulevard (NS) at Palos Verdes Drive North (EW):
Provide west leg with one left turn lane, one shared left and through lane, one
through lane, and one right turn lane.
126) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay The
City of Rolling Hills Estates for its fair share of the following improvements to the
intersection of Silver Spur Road( NS) at Hawthorne Boulevard (EW): Provide
north leg with one left turn lane, two through lanes, and one right turn lane; and
re-stripe south leg with two left turn lanes, one through lane, and one right turn
lane.
127) Prior to issuance of building or grading permits, the applicant shall provide
security, in a form reasonably acceptable to the Director of Public Works, in the
amount of $100,000 to cover the cost of mitigating any impacts caused by this
project that would require the installation of any new traffic signal that may be
required along Hawthorne Boulevard, Palos Verdes Drive South, or Palos Verdes
Drive West. This security will be held by the City in accordance with the
provisions of Government Code Section 66001 for a minimum five year period,
from the date of the main hotel building's Certificate of Occupancy.
128) Upon the opening of the resort hotel or golf practice facility, whichever occurs
first, the hotel operators shall implement a shuttle service between the Long
Point Resort Hotel and the Ocean Trails Golf Course. The use of low emissions
vehicles shall be used for the shuttles. The hotel operators shall design the
schedule of the shuttles so as to encourage and maximize its use by hotel
guests.
129) The applicant shall comply with all applicable provisions of the City's
Transportation Demand Management and Trip Reduction Ordinance as set forth
in RPVMC Section 10.28.
GRADING PERMIT NO. 2229
Exhibit A
Resolution No. 2002-71
Page 25 of 36
Grading
130) The following maximum quantities and depths of grading are approved for the
Resort Hotel Area, as shown on the approved grading plans received by the City
on May 21, 2002, and prepared by Incledon Kirk Engineers:
a. Maximum Total Grading (Cut and Fill): 784,550 cubic yards.
b. Maximum Cut: 411,889 cubic yards (392,275 cubic yards
with 5% shrinkage).
c. Maximum Fill: 392,275 cubic yards.
d. Maximum Depth of Cut: 35 feet (located in the area of the
western most bungalow units).
e. Maximum Depth of Fill: 21 feet (located in the area of the
more inland row of Western Casitas).
Any modifications resulting in additional grading in excess of the above amounts
shall require approval of an amendment to the grading permit by the City Council.
This is a balanced grading project. No import or export of earth shall be
permitted, except as provided in Condition No. 155.
131) All recommendations made by the City Geologist, the City Engineer, and the
Building and Safety Division during the ongoing review of the project shall be
incorporated into the design and construction of the project.
132) All recommendations made by the project's geologist, as modified by comments
from the City's reviewers, shall be incorporated into the design and construction
of the project.
133) If applicable, as determined by the City Geologist, prior to the issuance of
grading permits, a bond, cash deposit, or combination thereof, shall be posted to
cover costs for any geologic hazard abatement in an amount to be determined by
the Director of Public Works.
134) Prior to issuance of a grading permit by Building and Safety, the applicant shall
submit to the City a Certificate of Insurance demonstrating that the applicant has
obtained a general liability insurance policy in an amount not less than five million
dollars per occurrence and in the aggregate to cover awards for any death,
injury, loss or damage, arising out of the grading or construction of this project by
the applicant. Said insurance policy must be issued by an insurer that is
authorized to do business in the State of California with a minimum rating of A-VII
by Best's Insurance Guide or a rating of at least A by Standard & Poors. Such
insurance shall name the City and the members of its City Council, boards,
committees, commissions, officers, employees, servants, attorneys, volunteers
and agents serving as its independent contractors in the role of City officials, as
additional insureds. A copy of this endorsement shall be provided to the City.
Exhibit A
Resolution No. 2002-71
Page 26 of 36
Said insurance shall be maintained in effect for a minimum period of five (5)
years following the final inspection and approval of said work by the City and
shall not be canceled or reduced during the grading or construction work without
providing at least thirty (30) days prior written notice to the City. •
135) All on-site public improvements (Parking lots, sidewalks, ramps, grading) shall be
bonded for with the appropriate improvement bonds in amounts to be deemed
satisfactory by the Director of Public Works.
136) Prior to issuance of a grading permit, the applicant shall provide the Director of
Planning, Building and Code Enforcement a plan that demonstrates how dust
generated by grading activities will be mitigated so as to comply with the South
Coast Air Quality Management District Rule 403 and the City's Municipal Code
Requirements which require watering for the control of dust.
137) Prior to the issuance of a grading permit, the applicant shall prepare a plan
indicating, to scale, clear sight triangles, which shall be maintained at each
roadway and driveway intersection. No objects, signs, fences, walls, vegetation,
or other landscaping shall be allowed within these triangles in excess of three
feet in height.
138) Prior to the issuance of a grading permit, the following improvements shall be
designed in a manner meeting the approval of the Director of Public Works: 1)
all provisions for surface drainage; 2) all necessary storm drains facilities
extending to a satisfactory point of disposal for the proper control and disposal of
storm runoff; and 3) all water quality related improvements. Where determined
necessary by the Director of Public Works, associated public street and utility
easements shall be dedicated to the City.
139) Prior to the issuance of any precise grading permit, the applicant shall submit to
the Director of Public Works, a plan for the placement of traffic signing, pavement
delineation, and other traffic control devices.
140) Prior to the issuance of grading permits, the applicant shall submit to the Director
of Public Works, for his review and approval, a construction traffic management
plan. Said plan shall include the proposed routes to and from the project site for
all deliveries of equipment, materials, and supplies, and shall set forth the
parking plan for construction employees. All construction related parking must
be accommodated on-site. No construction related parking shall be permitted
off-site.
141) If applicable, as determined by the City Geologist, prior to the issuance of a
grading permit, all geologic hazards associated with this proposed development
shall be eliminated, or the City Geologist shall designate a restricted use area on
the Final Parcel Map where the erection of buildings or other structures shall be
prohibited.
Exhibit A
Resolution No. 2002-71
Page 27 of 36
142) Prior to the issuance of building permits, an independent Geology and/or Soils
Engineer's report on the expansive properties of soils on all building sites shall
be submitted for review and approval by the City Geologist in conformance with
the accepted City Practice.
143) Prior to the issuance of a building permit, an as-built geological report shall be
submitted for structures founded on bedrock, and an as-built soils and
compaction report shall be submitted for structures founded on fill as well as for
all engineered fill areas.
144) Prior to the issuance of a grading permit, the applicant's project geologist shall
review and approve the final plans and specifications and shall stamp and sign
such plans and specifications.
145) Prior to the issuance of a grading permit, a grading plan review and geologic
report, complete with geologic map, shall be submitted for review and approval
by the City's Geotechnical Engineer.
146) Except as specifically authorized by these approvals, foundations shall be set
back from the Coastal Setback Line in accordance with the RPVMC and shall
extend to such a depth as to be unaffected by any creep-prone surficial soil
and/or weathered bedrock. Field review and certification by the project geologist
is required.
147) All grading shall be monitored by a licensed engineering geologist and/or soils
engineer in accordance wit the applicable provisions of the RPVMC and the
recommendations of the City Engineer. Written reports, summarizing grading
activities, shall be submitted on a weekly basis to the Director of Public Works
and the Director of Planning, Building, and Code Enforcement.
148) The project shall comply with all appropriate provisions of the City's Grading
Ordinance, unless otherwise approved in these conditions of approval.
149) Grading activity on site shall occur in accordance with all applicable City safety
standards.
150) Prior to final grading inspection by Building and Safety, the graded slopes shall
be properly planted and maintained in accordance with the approved landscaping
plan. Plant materials shall generally include significant low ground cover to
impede surface water flows, and shall be non-invasive, except the permitted
invasive species listed in Condition No. 78
151) Prior to final grading inspection by Building and Safety, all manufactured slopes
shall be contour-graded to achieve as natural an appearance as is feasible.
Exhibit A
Resolution No. 2002-71
Page 28 of 36
152) Any water features (lakes, ponds, fountains, and etc.) associated with the golf
practice facility, excluding the bioswales used in the water quality treatment train,
shall be lined to prevent percolation of water into the soil. Designs for all water
features shall be included on the grading plans submitted for review by the City's
Building Official and Geotechnical Engineer.
153) The City's Building Official, Geotechnical Engineer and Biologist shall determine
in their review of the grading plans whether water features associated with the
water quality treatment train, such as the bioswales or catch basins, shall be
lined to prevent water percolation into the soil, and potential impacts to nearby
sensitive habitat areas.
154) The proposed swimming pool and spa for the Lower Pool Facility shall be double
lined and shall contain a leak detection system, subject to review and approval
by the City's Building Official.
155) Should the project require removal of earth, rock or other material from the site,
the applicant shall first obtain City approval in the form of a revised Conditional
Use Permit and Grading Permit application. Said review shall evaluate potential
impacts to the surrounding environment associated with export or import. If the
revised grading impacts are found to be greater that identified in the Certified EIR
that cannot be mitigated to an insignificant level, a Supplemental EIR shall be
prepared and reviewed by the City, at the expense of the applicant.
Furthermore, the applicant shall prepare and submit a hauling plan to the Public
Works Department for review and approval prior to issuance of grading permits.
156) The use of a rock crusher on-site shall be conducted in accordance with the
project's mitigation measures and shall be contained to the area analyzed in the
project's Environmental Impact Report.
157) During the operation of the rock crusher, a qualified biologist shall monitor noise
levels generated by the activity for potential impacts to nearby wildlife. Said
specialist shall be hired by the City at the cost of the applicant, in the form of a
trust deposit account provided by the applicant.
158) Retaining walls shall be limited in height as identified on the grading plans that
are reviewed and approved by the City. Any retaining walls exceeding the
permitted heights shall require the processing of a revised grading permit for
review and approval by the Director of Planning, Building and Code Enforcement.
Drainage
159) The irrigation system and area drains proposed shall be reviewed and approved
by the City's Geotechnical Engineer and Director of Public Works.
Exhibit A
Resolution No. 2002-71
Page 29 of 36
160) A report shall be prepared demonstrating that the grading, in conjunction with the
drainage improvements, including applicable swales, channels, street flows,
catch basins, will protect all building pads from design storms, as approved by
the Director of Public Works.
161) All drainage swales and any other at-grade drainage facilities, including gunite,
shall be of an earth tone color, as deemed necessary by the Director of Building
Planning and Code Enforcement.
162) Prior to issuance of any building or grading permits, the applicant shall submit a
Local Grading and Drainage Plan identifying how drainage will be directed away
from the bluff top, natural drainage courses and open channels to prevent
erosion and to protect sensitive plant habitat on the bluff face. Said Plan shall be
reviewed by the Director of Public Works and the Director of Planning, Building
and Code Enforcement. Said review shall also analyze whether potential
impacts to the bluff top or bluff face may be caused by the proposed drainage
concept.
163) Drainage plans and necessary supporting documents that comply with the
following requirements shall be submitted for review and approval by the Director
of Public Works prior to the issuance of grading permits: A) drainage facilities
that protect against design storms shall be provided to the satisfaction of the
Director of Public Works and any drainage easements for piping required by the
Director of Public Works shall be dedicated to the City on the Final Map; B) sheet
overflow and ponding shall be eliminated or the floors of buildings with no
openings in the foundation walls shall be elevated to at least twelve inches above
the finished pad grade; C) drainage facilities shall be provided so as to protect
the property from high velocity scouring action; and D) contributory drainage from
adjoining properties shall be addressed so as to prevent damage to the project
site and any improvements to be located thereon.
164) Prior to the issuance of the Certificate of Occupancy, the applicant shall upgrade
the drainage facility that currently is located on the Fisherman's access property
and construct a pipe that will convey this water to the proposed drainage system
terminating at Outlet No. 2 to the satisfaction of the Director of Public Works.
165) Prior to the issuance of any grading or building permit, the applicant shall prepare
and submit a Master Drainage Plan for review and approval by the Director of
Public Works. The Plan shall demonstrate adequate storm protection from the
design storm, under existing conditions, as well as after the construction of future
drainage improvements by the City along Palos Verdes Drive South immediately
abutting the project site.
166) Prior to the issuance of any grading permit, the applicant shall demonstrate to the
satisfaction of the Director of Public Works that the design storm can be
conveyed through the site without conveying the water in a pipe and without
Exhibit A
Resolution No. 2002-71
Page 30 of 36
severely damaging the integrity of the Urban Stormwater Mitigation Plan (USMP),
especially the bioswale system. If such integrity cannot be demonstrated, the
applicant shall redesign the USMP to the satisfaction of the Director of Public
Works, which may require offsite flows to be diverted into a piped system and
carried though the site. If the piped system is used, the applicant shall dedicate
a drainage easement to the City to the satisfaction of the Director of Public
Works.
167) Prior to the issuance of a grading permit that proposes to convey off-site
drainage through the subject property, the applicant shall execute an agreement
with the City that is satisfactory to the City Attorney that defending, indemnifying
and holding the City, members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials,
(collectively, "Indemnitees") harmless from any damage that may occur to the
subject property or any improvements, persons or personal property located
thereon due to the conveyance of offsite design storm flows through the site.
NPDES
168) Prior to acceptance of the storm drain system, all catch basins and public access
points that cross or abut an open channel, shall be marked with a water quality
message in accordance with City Standards.
169) Prior to the issuance of any grading or building permits, the applicant shall
furnish to the Director of Public Works, for review and approval, the project's
Water Quality Management Plan and Maintenance Agreement outlining the post-
construction Best Management Practices (BMPs).
170) Prior to issuance of any building or grading permits, the applicant shall submit for
review and approval by the Director of Public Works a Storm Water Pollution
Prevention Plan (SWPPP) describing the construction phase Best Management
Practices (BMPs) to ensure compliance with the NPDES General Permit for
Storm Water Discharges associated with construction activity (Grading Permit),
No. CA s000002.
171) Prior to issuance of any building or grading permit, the applicant shall submit to
the Director of Public Works a Water Quality Management Plan ("Plan"), for
review and approval by the City Council at a duly noticed public hearing. The
Water Quality Management Plan, which shall remain in effect for the life of the
project, shall identify the Best Management Practices (BMPs) used to minimize
and reduce project storm water and runoff pollutants. The Plan shall include
project water quality parameters that meet the objectives of the California Ocean
Plan for non-point discharges in receiving water bodies. Additionally, all storm
water treatment systems shall be designed in accordance with the Los Angeles
County Department of Public Works "Manual for the Standard Urban Stormwater
Exhibit A
Resolution No. 2002-71
Page 31 of 36
Mitigation Plan(SUSMP)". The specific BMP design criteria in the SUSMP (May
2002), as developed by the U.S. EPA and American Society of Civil Engineers,
shall be followed.
The Plan shall contain the operation, maintenance and monitoring procedures,
including Fire and Argentine ant management. The Plan shall indicate potential
impacts of the storm water treatment train to surrounding plants and wildlife. The
monitoring of the treatment train shall include the bioswales and catch basins for
the accumulation of pollutants through sampling and testing of both soil material
and vegetation. The Plan shall indicate the frequency of the required monitoring
and the frequency of the removal and replacement of plant material and soil from
the bioswale. Said report shall be reviewed and approved by the City's Biologist
and/or Chemists. Said monitoring shall be required for the life of the project.
All costs associated with the review, installation and maintenance of the Plan and
project related BMPs shall be the responsibility of the applicant. If the plan
requires construction of improvements, such plans shall be reviewed and
approved by the Director of Public Works.
172) Prior to the issuance of any Certificate of Occupancy, the Water Quality
Management Plan Maintenance Agreement, outlining the post-construction Best
Management Practices, shall be recorded with the Los Angeles County
Recorders Office.
173) Prior to issuance of any building or grading permits, the applicant shall file any
required documents, including the Notice of Intent, and obtain all required
permits from the California Regional Water Quality Control Board.
174) Prior to issuance of any building or grading permits, the applicant shall submit for
review and approval by the Director of Public Works an Erosion Control Plan.
Said Plan shall be designed in conformance with the City standards and the
requirements of the Regional Water Quality Control Board.
175) Prior to issuance of any Certificate of Occupancy, the applicant shall implement
the project in full compliance with the standard urban storm water mitigation plan
adopted by the Regional Water Quality Control Board.
176) Prior to the City Council's review of the Water Quality Management Plan, the
City's Geotechnical Engineer shall review and approve the Plan. In the event the
City's Geotechnical Engineer determines that additional improvements need to
be constructed, the applicant shall revise the Plan accordingly.
Sewers
177) Prior to issuance of any building or grading permits, the applicant shall prepare
sewer plans in accordance with the Countywide Sewer Maintenance District.
Exhibit A
Resolution No. 2002-71
Page 32 of 36
The applicant shall be responsible for the transfer of sewer facilities to the
Countywide Sewer Maintenance District for maintenance.
178) A sewer improvement plan shall be prepared as required by the Director of
Public Works and the County of Los Angeles.
179) Prior to issuance of building or grading permits, the applicant shall submit to the
Director of Public Works, a written statement from the County Sanitation District
accepting any new facility design and/or any system upgrades with regard to
existing trunk line sewers. Said approval shall state all conditions of approval, if
any.
180) Prior to the issuance of any Certificate of Occupancy, the applicant shall dedicate
sewer easements to the City, subject to review and approval by the Director of
Building, Planning and Code Enforcement and the Director of Public Works with
respect to the final locations and requirements of the sewer improvements.
181) Sewer Improvement plans shall be approved by the County of Los Angeles, the
County Sanitation Districts, and the Director of Public Works.
182) A sewer connection fee shall be paid to the County Sanitation Districts of Los
Angeles County prior to the issuance of a permit to connect to the sewer line.
Water
183) Prior to the construction of any water facilities, the Director of Public Works shall
review and approve the water improvement plan. Any water facilities that cannot
be constructed below ground shall be located on the subject property and
screened from view from any public rights-of-way, to the satisfaction of the
Director of Public Works and the Director of Planning, Building and Code
Enforcement. In addition, an easement to California Water Service shall be
dedicated prior to issuance of any grading or building permits.
184) The project site shall be served by adequately sized water system facilities which
shall include fire hydrants of the size and type and location as determined by the
Los Angeles County Fire Department. The water mains shall be of sufficient size
to accommodate the total domestic and fire flows required for the development.
Domestic flow requirements shall be determined by the City Engineer. Fire flow
requirements shall be determined by the Los Angeles County Fire Department
and evidence of approval by the Los County Fire Department is required prior to
issuance of building permits.
185) Framing of structures shall not begin until after the Los Angeles County Fire
Department has determined that there is adequate fire fighting water and access
available to said structures.
Exhibit A
Resolution No. 2002-71
Page 33 of 36
186) The applicant shall file with the Director of Public Works an unqualified "will
serve" statement from the purveyor serving the project site indicating that water
service can be provided to meet the demands of the proposed development.
Said statement shall be dated no more than six months prior to the issuance of
the building permits for the main hotel structure. Should the applicant receive a
qualified "will serve" statement from the purveyor, the City shall retain the right to
require the applicant to use an alternative water source, subject to the review and
approval of the City, or the City shall determine that the conditions of the project
approval have not been satisfied.
187) Prior to the issuance of building or grading permits, the applicant shall file with
the Director of Public Works, a statement from the purveyor indicating that the
proposed water mains and any other required facilities will be operated by the
purveyor, and that under normal operating conditions the system will meet the
needs of the project.
TENTATIVE PARCEL MAP NO. 26073
188) The proposed parcel map shall result in the creation of four (4) parcels (resort
hotel parcel, west casita parcel, east casita parcel, and villa parcel). The 2.2
acre Bluff Top park and Fishing Access Expansion Parking Lot shall be
separately deeded to the City prior to recordation of the Final Map.
189) The applicant shall record a restrictive covenant or other document that is
satisfactory to the City Attorney that requires all of the various parcels that are
within the boundaries of the parcel map to be fully managed by the resort hotel
operator.-
190) The applicant shall supply the City with one mylar and ten copies of the map no
later than thirty (30) days after the final map has been filed with the Los Angeles
County Recorders Office.
191) All improvement plans shall be as-built upon completion of the project. Once the
as-built drawings are approved, the applicant shall provide the City with a
duplicate mylar of the plans.
192) The improvement plans shall be prepared by a Registered Civil Engineer, and
shall be prepared on standard city size sheets. Plans shall be in substantial
conformance with the approved tentative map and site plan as approved by the
City Council and stamped by the Planning Department with the effective date of
this approval.
193) This approval expires twenty-four (24) months from the date of approval of the
parcel map by the City Council, unless extended per Section 66452.6 of the
California Government Code and Section 16.16.040 of the RPVMC. Any request
Exhibit A
Resolution No. 2002-71
Page 34 of 36
194) for extension shall be submitted to the Planning Department in writing at least
sixty (60) days prior to the expiration of the tentative map.
195) This development shall comply with all requirements of the various municipal
utilities and agencies that provide public services to the property.
196) According to Section 16.20.130 of the RPVMC and the Subdivision Map Act
(California Government Code Section 66410 et seq.), at the time of making the
survey for the final parcel map, the engineer or surveyor shall set sufficient
durable monuments to conform with the standards of the Subdivision Map Act.
Prior to recording the final map, the exterior boundary of land being subdivided
shall be adequately monumented with no less than a two (2) inch iron pipe, at
least eighteen (18) inches long, set in dirt and filled with concrete at each
boundary corner. The parcel lot corners shall be monumented with no less than
one-half inch iron pipe for the interior monuments. Spikes and washers may be
set in asphalt pavement and lead and tacks may be set in concrete pavement or
improvements in lieu of pipes. All monuments shall be permanently marked or
tagged with the registration or license number of the engineer or surveyor under
whose supervision the survey was made.
197) The applicant shall be responsible for repair to any public streets which may be
damaged during development of the subject parcels.
198) Easements shall not be granted within easements dedicated or offered for
dedication to the City until after the final map is filed and recorded with the
County Recorder. No easements shall be accepted after recording of the final
map that in any way conflict with a prior easement dedicated to the City, or any
public utility. All existing easements shall remain in full force and effect unless
expressly released by the holder of the easement.
199) Any easement that lies within or crosses public rights-of-way propose to be
deeded or dedicated to the City, shall be subordinated to the City prior to
acceptance of the rights-of-way, unless otherwise exempted by the Director of
Public Works.
Prior to Submittal of the Final Map
200) Prior to submitting the final map to the City Engineer for examination, the
applicant shall obtain clearance from all affected departments and divisions,
including a clearance from the City Engineer for the following items:
mathematical accuracy, survey analysis, correctness of certificates and
signatures.
Exhibit A
Resolution No. 2002-71
Page 35 of 36
Prior to Approval of the Final Map
201) Prior to approval of the final map, any off-site improvements, such as rights-of-
way and easements, shall be dedicated to the City.
202) Prior to approval of the final map, all existing public or private easements,
including utility easements, shall be shown on the final parcel map.
203) Prior to the issuance of any Certificate of Occupancy, the parkland dedication
requirement shall be fulfilled by the applicant in the form of either dedication of
land for park purposes or the payment of in-lieu fees, or a combination thereof,
as determined by the City Council pursuant to the RPVMC.
204) Prior to the issuance of any Certificate of Occupancy, the applicant shall pay the
affordable housing fee required in accordance with the RPVMC.
205) The final map is subject to review and approval by the City Engineer. The
applicant shall establish a trust deposit with the City to cover any costs incurred
by the City in conducting this review.
206) The proposed parcel map shall adhere to all the applicable dedications and
improvements required per Chapter 16.20 of the RPVMC.
Exhibit A
Resolution No. 2002-71
Page 36 of 36