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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 Resolution No. 99-56 Page 3 of 10 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 Resolution No.99-56 Page 4 of 10 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 Resolution No. 99-56 Page 8 of 10 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 Page 9 of 10 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. Resolution No. 99-56 Page 10 of 10