CC RES 1999-056 RESOLUTION NO. 99-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING REVISIONS TO CONDITIONAL USE
PERMIT NO. 162 FOR A RESIDENTIAL PLANNED DEVELOPMENT IN
CONNECTION WITH REVISION"J"TO THE OCEAN TRAILS PROJECT
(VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND
TENTATIVE PARCEL MAP NOS. 20970 AND 23004) AND FINDING
THAT SAID REVISIONS ARE IN SUBSTANTIAL CONFROMANCE WITH
VESTING TENTATIVE TRACT MAP NO.50666, LOCATED IN COASTAL
SUBREGIONS 7 AND 8
WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes
Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps,
conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential
Planned Development of 120 single family dwelling units and for development of an 18-hole golf course, a
clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north,
Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los
Angeles County Shoreline Park on the east; and,
WHEREAS, a Draft Environmental Impact Report(DEIR)was prepared and circulated for 45 days
from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the
document from responsible agencies and the public; and,
WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation
of written responses, the applicant revised the scope of the project and reduced the number of proposed
single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative
Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting
Tentative Tract Maps, and, due to the changes in the project, an Addendum to the Draft Environmental Impact
Report(ADEIR)was prepared; and,
WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report, the City
determined that the information submitted in the AEIR cited potential additional significant environmental
impacts that would be caused by the revised project, and directed preparation of a Supplemental
Environmental Impact Report(SEIR). The SEIR, which incorporates information and findings set forth in the
Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March
19, 1992 through May 4, 1992, during which time all interested parties were notified of the circulation period
and invited to present written comments to the information contained in the SEIR, in conformance with the
requirements of the California Environmental Quality Act; and,
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 92-53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92-54, 92-
55, 92-56 and 92-57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative
Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and
Grading Permit No. 1541 for a Residential Planned Development consisting of a total of eighty-three (83)
single family dwelling units, an 18 hole public golf course and public open space on 261.4 acres in Coastal
Subregion Nos. 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project
raised a substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the .
landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and
remanded the project back to the City of Rancho Palos Verdes for reconsideration; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 92-115 approving the Addendum to Environmental Impact Report No. 36 and adopted
Resolution Nos. 92-116, 92-117, 92-118 and 92-119 approving Revisions to Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163,
Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal
Commission with regard to adequate provisions for public open space, public access and habitat preservation;
and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-5 (i.e. Coastal Permit No. 103), subject to additional conditions of approval.
WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 93-89 approving a second Addendum to Environmental Impact Report No. 36 and adopted
Resolution Nos. 93-90, 93-91, 93-92 and 93-93 respectively re-approving Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163,
and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in
conjunction with the project, pursuant to Government Code Section 65590; and,
WHEREAS, on November 5, 1993, the California Coastal Commission adopted revised and
expanded findings in conjunction with the project; and,
WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 94-71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76 and 94-77, respectively, approving Revision "A" to the
approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from the
area southwest of the School District property to an area north of Half Way Point, locating the golf course
maintenance facility and four(4)affordable housing units southeast of the corner of Palos Verdes Drive South
and Paseo Del Mar, reducing the number of single family residential lots from eighty-three(83)to seventy-five
(75) and increasing the height of the golf course clubhouse from thirty (30)feet to forty-eight(48)feet; and,
WHEREAS, on January 12, 1995, the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its first amendment to the
permit, subject to revised conditions of approval; and,
WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal
Development Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its second
amendment to the permit; and,
WHEREAS, on February 1, 1996; the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-005A (i.e. Coastal Permit No. 103), thereby approving its third amendment to the
permit; and,
WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96-16, and 96-17, respectively, approving Revision"B"to the approved Ocean Trails project,
including, but not limited to, modifying the approved alignment of Paseo del Mar("A" Street/"J" Bluff Road),
revising the Conditions of Approval regarding several public trails, and relocating the golf course clubhouse
approximately 80 feet to the west of its previously approved location; and,
WHEREAS, on July 11, 1996, the California Coastal Commission approved Coastal Development
Permit No. A-5-RPV-93-005A(i.e. Coastal Permit No. 103), thereby approving its fourth amendment to the
permit, subject to revised conditions of approval; and,
WHEREAS, on September 3, 1996, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 96-72 approving a fifth Addendum to Environmental Impact Report No. 36 and Adopted
Resolution Nos. 96-73, 96-74, 96-75, 96-76 and 96-77, respectively, approving Revision "C"to the approved
Resolution No.99-56
Page 2 of 10
Ocean Trails project, including, but not limited to, relocation of two single family residential lots in Vesting
Tentative Tract Map No. 50667 from the end of Street"A"to the end of Street"C", revisions to the boundaries
of open space Lots B, C, G and H, conversion the split-level lots in Vesting Tentative Tract Map No. 50667
to single-level lots, revisions to the golf course layout, revisions the public trail system,combination of parallel
trails easements, construction of a paved fire access road west of the Ocean Terraces Condominiums and
amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for
compliance; and,
WHEREAS, on September 9, 1997, the Planning Commission of the City of Rancho Palos Verdes
adopted P.C. Resolution No. 97-44 approving Revision "D"to the Ocean Trails project, which involved an
amendment to Conditional Use Permit No. 162 (Residential Planned Development)to modify the minimum
rear yard setbacks on Lot Nos. 6 through 9 to provide an adequate buffer between the proposed residences
and the potential brush fires that may occur on the adjacent habitat area; and,
WHEREAS, on April 21, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-32 approving Revision"E"to the Ocean Trails project, which involved an amendment to
Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course
improvements; and,
WHEREAS, on June 16, 1998, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 98-59, approving Revision "F" to the Ocean Trails project, which involved, modifying the
configuration of Streets"C"and "D"and Lot Nos. 1 through 13 of Vesting Tentative Tract Map No. 50667 to
accommodate the final location of the Foundation Setback Line, and a revision to Conditional Use Permit No.
162 (Residential Planned Development)to address maximum building height; and,
WHEREAS, on February 2, 1999, the City Council of the City of Rancho Palos Verdes adopted
Resolution No. 99-10 approving Addendum No. 7 to Environmental Impact Report No. 36 and the proposed
Revision "H"to the Ocean Trails project,which included: changing 6 of the residential lots within VTTM 50667
from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street'B'within
the subdivision, and lowering the pad elevation for 6 other lots within the subdivision. Additionally, the
approval included the modification of the project's mitigation measures and conditions of approval to allow
the permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays
through March 21, 1999; and,
WHEREAS, on May 17, 1999, Ocean Trails, L.P., submitted a letter to the City of Rancho Palos
Verdes requesting approval for nine amendments to the approved Ocean Trails project that included: 1), the
conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance
district and having the golf course owner be the sole responsible entity for maintenance thereby excluding
the future residential homeowners; 2), the conditions requiring view covenants for each residential parcel and
the golf course be removed; 3), the timing of the installation of ornamental fencing on each residential lot be
delayed until prior to issuance of certificate of occupancy;4), delay the construction of two trails within VTTM
50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5), lower the
approved residential building pad elevations and create split-level pads in VTTM No. 50666 and permit
landscaping to grow higher than 16'within 20'of the clubhouse building;6), delay the payment of traffic impact
fees to prior to Final Map No. 50666; 7), allow an increase in total building area of the clubhouse by permitting
a basement space; 8), allow a change from standard street signs to a custom street sign which would be
maintained by the owner; and 9), revise the hours permitted for golf course landscape gardening and
maintenance by allowing the owner to submit a Maintenance Plan t0 be approved by the Director; and,
WHEREAS, on July 1, 1999, copies of the Addendum No. 9 to Environmental Impact Report No. 36
were distributed to the City Council and prior to taking action on the proposed Revision"J"to the Ocean Trails
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project, the City Council independently reviewed and considered the information and findings contained in
Addendum No. 9 to EIR No. 36; and,
WHEREAS, on July 6 and July 20, 1999, after notice issued pursuant to the provisions of the
Development Code, the City Council held a public hearing to consider draft Addendum No. 9 to Environmental
Impact Report No. 36 and the proposed Revision"J"to the Ocean Trails project, at which time all interested
parties were given an opportunity to be heard and present evidence; and,
WHEREAS, at the Public Hearing, held on July 6, 1999, the applicant testified and verbally withdrew
his request for Amendment 2 (deletion of the conditions requiring view covenants for each residential parcel
and the golf course) and Amendment No. 8 (to allow a change from standard street signs to a custom street
sign which would be maintained by the owner).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: This application would permit Revision "J"to Conditional Use Permit No. 162, allowing
Amendment 1, which revises the conditions requiring the establishment of a maintenance district by
eliminating the maintenance district and having the golf course owner be the sole responsible entity for
maintenance thereby eliminating the need for a maintenance district which includes the future residential
homeowners; Amendment No. 3, which revises the conditions of approval to permit the timing of the
installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of
occupancy; and Amendment No. 5, which lowers certain residential building pads and converts certain flat
level building pads to split-level pads in VTTM No. 50666.
Section 2: In considering the proposed revisions to the project, the City Council has determined that
the preparation of Addendum No. 9 to Environmental Impact Report No. 36 is appropriate, since the
subsequent changes in the project will not result in any new significant environmental impacts which were
not previously identified and analyzed in Environmental Impact Report No. 36, that the subsequent changes
will not result in an increase in any previously identified significant environmental impacts, that the Addendum
does not contain new information of substantial importance to the project and that only minor technical
changes or additions are necessary to make Environmental Impact Report adequate under the provisions of
the California Environmental Quality Act(CEQA).
This is so, since the proposed change to eliminate the maintenance district and have the golf course
owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners
(Amendment No. 1)would not result in any new or increased impacts to the environment that are not already
analyzed within EIR No. 36, because it still ensures that the specified facilities within the conditions will
continue to be maintained; and the proposed change to delay the timing of the installation of ornamental
fencing on each residential lot to prior to issuance of certificate of occupancy for each lot instead of prior to
the sale of any lot within each workable phase(Amendment No. 3), would not result in any new or increased
impacts to the environment that are not already analyzed within EIR No. 36, because it merely delays the
installation of decorative fencing to a time when the installation of the ornamental fencing will not conflict with
the construction of the residences, thereby improving the aesthetic value of the proposed fencing by ensuring
that the construction of the residences do not impact the ornamental fencing; and the proposed change to the
pad elevations and configurations (i.e. flat pad to split-level pad) (portion of Amendment No. 5), would not
result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36,
because the proposed changes will improve the view over the Ocean Trails project by lowering the pad
.elevations and thereby lowering the ridge elevations.
Therefore, based on the review of Draft Addendum No. 9 to Environmental Impact Report No. 36
prepared in association with the proposed Revision "J"to the Ocean Trails project, as conditioned, the City
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Council finds that the project still mitigates, or reduces to the extent feasible, significant adverse effects to
adjacent properties or the permitted uses thereof. In approving the revised project, the City Council finds that
social, recreational, and other benefits of the project continue to outweigh any unavoidable adverse
environmental impacts that may occur and that due to overriding benefits and considerations, any unavoidable
adverse environmental impacts of the project are acceptable. Accordingly, the City Council incorporate, by
reference, the Final EIR No. 36, the Supplemental EIR,Addenda Nos. 1, 2, 3,4, 5,6, 7 and 8, Resolution No.
92-115 (which includes, without limitation, the detailed statement of overriding considerations set forth
therein).
Section 3: On June 2, 1999 the Ocean Trails site was subjected to a major landslide affecting a large
portion of the graded golf course (specifically, a portion of the 18th hole). As of July 20, 1999, no
determination had been made as to the cause of said landslide. Out of concern, at the July 6, 1999 City
Council meeting, the City Council wanted to make sure that future irrigation at the Ocean Trails site was
thoroughly reviewed and monitored, and therefore have added Conditions No. E.4., E.5., N.8., and L.2.p.to
Conditional Use Permit No. 162, as shown in the attached Exhibit"A". These conditions are exempt from the
California Environmental Quality Act(CEQA), under Statutory Exemption No. 15269c"Emergency Projects"
of the CEQA Guidelines, because they are specific actions necessary to prevent or mitigate an emergency.
Section 4: Pursuant to Section 17.56.060 of the Development Code, in approving Revision "J"to
Conditional Use Permit No. 162 for the public golf course and related uses, the City Council finds as follows:
A. That the golf course and related uses are consistent with the General Plan and its objectives. The
General Plan land use map designates almost the entire project site as residential, with a maximum
density of one dwelling unit per acre, and shows the coastal bluffs as hazard areas. The General
Plan provides for additional commercial recreational uses within the City as appropriate to a particular
location, including golf, equestrian, tennis and other recreational activities, and designates the City's
entire coastal area as a specific plan district.
Further, that the project complies with the criteria set forth in the General Plan for the Natural,
Socio/Cultural and Urban Overlay Control Districts on the site. As conditioned, the project preserves
natural drainage courses and significant geologic, biologic and hydrologic features in compliance with
the Natural Overlay Control District, protects areas that have significant historical, archeological or
cultural importance in compliance with the Socio/Cultural District and preserves, protects and
enhances public views and vistas in compliance with the Urban Overlay Control District.
B. That the proposed golf course use is consistent with the City's Development Code as a conditionally
permitted use in any district when deemed to be necessary or desirable for the public convenience
or welfare and when the use is not contrary to the General Plan or its objectives or contrary to the
Coastal Specific Plan or its objectives and requirements. Public recreational uses, such as a golf
course, are encouraged by policies of the Coastal Specific Plan and General Plan. A public golf
course is necessary and desirable in that it will provide a cash surplus to the City, it will add to the
views from adjacent properties and from Palos Verdes Drive South, it will permit expanded public
access to the coast. Further, as current demand for golf tee times greatly exceeds supply for existing
public golf courses on the Peninsula, many peninsula and City residents must travel great distances
to golf.
The City Council hereby finds that the proposed golf course is necessary and desirable for the public
convenience and welfare and, as set forth in sections 2(A) &(B)above, it is not contrary to either the
General Plan or the Coastal Specific Plan.
C. That given the adjacent land uses and the project's location and design, as modified herein, and
recommended conditions imposed through this permit, the 261.4 acre site is adequate in size and
Resolution No.99-56
Page 5 of 10
configuration to accommodate the proposed uses including a Residential Planned Development and
golf course.
D. That given the adjacent land uses and the project's location and design, as modified herein, and the
recommended conditions imposed by Conditional Use Permit No. 162, attached hereto as Exhibit"A",
the site is adequate in lot size and configuration to accommodate the golf course, clubhouse and
related facilities.
E. That the site is served by Palos Verdes Drive South which is an improved street designed to carry
the type and quantity of traffic that would be generated by the proposed project.
F. That, given the site location, project design, and recommended conditions imposed through this
permit and attached hereto as Exhibit"A", including setbacks, heights, lighting, landscaping, fencing,
hours of operation, and other recommended conditions, the proposed use will not significantly
adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially
detrimental to property values,jeopardize, endanger, or otherwise constitute a menace to the public
health, safety, and welfare of persons in the surrounding area.
G. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent
properties or the permitted uses thereof. In recommending approval, the City Council finds that the
social, recreational, and other benefits of the project outweigh any unavoidable adverse
environmental impacts that may occur. The project provides visitor-serving uses in the coastal zone
and, as a floating commercial use, the proposed golf course complies with permitted uses in the RS-
1/RPD and zone as shown in the Official Zoning Map, and with permitted single family residential
uses as designated in the General Plan, and Coastal Specific Plan,while preserving and enhancing
habitat areas and providing passive and active recreational uses with a bluff road, public parking,
trails, and vista points that will provide public recreational opportunities and preserve public vistas.
Section 5: The mitigation measures contained in the Mitigation Monitoring Program attached as
Exhibit"B"to Resolution No. 96-72 are hereby incorporated by reference into the Conditions of Approval for
the revisions to Conditional Use Permit No. 162.
Section 6: The time within which the judicial review of the decision reflected in this Resolution, if
available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
Section 7: For the forgoing reasons, and based on information and findings contained in the public
record, including staff reports, minutes, records of proceedings, and evidence presented at the public
hearings, the City Council of the City of Rancho Palos Verdes hereby approves Revision "J"to Conditional
Use Permit No. 162, amending conditions F.1., L.2.k., L.2.m. and S.1., and adding conditions E.4., E.S., L.2.p.
and N.B., as shown in the attached Exhibit"A", which is necessary to protect the public health, safety and
general welfare. All other conditions of approval that have been imposed on this project shall remain in effect
and are incorporated herein.
Resolution No. 99-56
Page 6 of 10
PASSED, APPROVED, and ADOPTED this 20th day of July 1999
A
M O''
ATTEST:
OP
CI CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 99-
56 was duly and regularly passed and adopted by the said City Council at a regular meeting held on July 20,
1999.
eAvAIIMPY
City Clerk ;i:1:
4"
Resolution No. 99-56
Page 7 of 10
RESOLUTION NO.99-56 EXHIBIT"A"
CONDITIONAL USE PERMIT NO. 162-REVISION "J"
CONDITIONS OF APPROVAL
The following conditions shall be revised to read as follows:
Condition E.4.
With the exception of irrigation lines that have been reviewed and approved by the City
Geologist for installation and operation, prior to installation of any additional irrigation lines on
any portion of the Ocean Trails property, the City Council shall have approved the Ocean Trails
Water Control Plan to ensure that the installation and operation of said irrigation lines will not
contribute water to any known landslide area, cause any significant erosion or other potentially
hazardous conditions.
Condition E.5.
All proposed irrigation within the Ocean Trails project,which includes, but is not limited to, all
irrigation for the golf course, parks, open space lots and private residential lots, shall be subject
to the standards of the Ocean Trails Water Control Plan as reviewed and approved by the City
Council, and other than the golf course, shall be consistent with City of Rancho Palos Verdes
Municipal Code Section No. 15.34, "Water Conservation in Landscaping". With the exception of
private residential lots which have been sold to an individual purchaser, the developer or any
subsequent owner of the golf course (hereinafter"developer") shall be responsible for submitting
an audit report every 60 days for review and approval by the Director of Planning, Building and
Code Enforcement, which details the project's compliance with the Ocean Trails Water Control
Plan and consistency, where applicable, with Municipal Code Section No. 15.34. If it is
determined by the Director of Planning, Building and Code Enforcement, that any irrigation is
not in compliance with either the Ocean Trails Water Control Plan or Municipal Code Section
15.34, or is causing any impacts to the project site, the developer shall be required to halt all
irrigation in the subject area until any such problem has been remedied to the satisfaction of the
Director of Planning, Building and Code Enforcement.
Condition F.1.
A complete project fencing plan for each tract included in this approval (including public trails,
habitat areas, warning signage, and proposed fence and wall details) shall be reviewed and
approved by the Director of Planning, Building and Code Enforcement prior to issuance of
grading permits or recordation of the Final Map, whichever occurs first. With the exception of
the decorative fence for all private residential lots as noted in sub-section c and d below, it shall
be the responsibility of the developer to install this fencing prior to sale of any lot within each
workable phase. In regards to the decorative fence for all private residential lots as noted in
sub-section c and d below, the developer shall install said fencing prior to the issuance of a
certificate of use and occupancy for each specific lot. Said fencing shall incorporate the
following:
a. A 42 inch high pipe rail fence of suitable design shall be placed along the length of the
bluff top...(no changes to this sub-section)
b. A protective fence around the California gnatcatcher habitat areas and around all wildlife
corridors...(no changes to this sub-section)
c. Vesting Tentative Tract Map No. 50666
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Resolution No.99-56
Exhibit"A" (Continued)
1) A decorative fence, minimum height five(5)feet and maximum height six(6)feet,
which allows a minimum of 90% light and air to pass through shall be required along
all street side setbacks and within all rear setback areas (along the rear and side
property lines) of all private residential lots. If not specifically addressed above, said
fencing shall be required along all property lines directly abutting common open space
lots. Said fencing shall meet the minimum standard design requirements of pool
fencing. Any change to these criteria must be approved by the Director of Planning,
Building and Code Enforcement. In addition, a solid wall, minimum height five(5)feet
and maximum height six(6)feet, shall be required along the west side property line to
buffer the public trails in this area from the adjacent residences in the Portuguese
Bend Club. The final location, length and configuration of this solid wall shall be
reviewed and approved by the City Council prior to the commencement of grading
within the phase of the project adjacent to the Portuguese Bend Club.
d. Vesting Tentative Tract Map No. 50667
1) Except for Lot Nos. 20 through 23, a decorative, minimum height five(5)feet,
maximum height six (6) feet fence which allows a minimum of 90% light and air to pass
through shall be required along all street side setbacks and within all rear setback areas
(along the rear and side property lines). Said fencing shall also be required along the
western side property line of Lot Nos. 34 and 35. If not specifically addressed above, said
fencing shall be required for all property lines directly abutting common open space lots or
the golf course. Said fencing shall meet the minimum standard design requirements of
pool fencing. Any change to these criteria must be approved by the Director of Planning,
Building and Code Enforcement.
2) A decorative, uniform wall or fence shall be required along the rear property lines of
Lot Nos. 20 through 23.
Condition L.2.k.
(Remove this condition from CUP No. 162, as it no longer applies)
Condition L.2.m.
(Remove this condition from CUP No. 162, as it no longer applies)
Condition L.2.p.
The requirements of Condition No. E.S. and N.B. of Conditional Use Permit No. 162 shall be
incorporated into the CC&R's for Tract Nos. 50666 and 50667 subject to review and approval by
the City Attorney and the Director of Planning, Building and Code Enforcement.
Condition N.B.
Landscape planting and irrigation plans for each residential lot within Tract No. 50666 and Tract
No. 50667 shall be submitted to the Director of Planning, Building and Code Enforcement for
review and approval prior to installation of any irrigation system.
Further, it shall be the responsibility of each Owner to landscape, irrigate and maintain the front
and rear yard areas of their Lot in a clean and attractive condition. Each Owner shall install the
Resolution No.99-56
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Resolution No. 99-56
Exhibit"A" (Continued)
front yard landscaping within 120 days of such Owner's initial occupancy of the dwelling located
on the Lot. The rear yard landscaping shall be installed within 180 days of such Owner's initial
occupation of the dwelling located on the Lot.
The developer shall be responsible for keeping the City up to date on the status of each
individual lot landscape plan. This shall take the form of a table that lists all of the lots, their
date of building permit issuance, date of close of escrow, and the maximum deadline to submit a
landscape plan based upon building permit or close of escrow. The developer shall be
responsible for submitting an updated table each time a building final is issued and at close of
escrow. Landscape and irrigation plans shall be consistent with the standards of the Ocean
Trails Water Control Plan. Furthermore, notwithstanding any exemption contained in Chapter
15.34, any single-family lot within Tract No. 50666 or No. 50667 shall comply with Chapter
15.34 with respect to irrigation and drought tolerant plantings as determined by the Director of
Planning, Building and Code Enforcement.
Condition S.1.
For the purposes of identifying lot types and approved heights for all primary structures within
Vesting Tentative Tract map No. 50666, Lot 1, Lot Nos. 9 through 13, Lot Nos. 19 through 22,
and 31 through 40 (with Exception of Clubhouse Lot 38) are designated as Lot Type A. Lot Nos.
2 through 8 are designated Lot Type C. Lot Nos. 14 through 18 and 23 through 30 are
designated as Lot Type D.
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