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CC RES 1996-073RESOLUTION NO. 96-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 50666 FOR A RESIDENTIAL PLANNED DEVELOPMENT ON A 153.9 ACRE SITE WITH THIRTY -NINE (39) SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE IN CONNECTION WITH REVISION "C" TO THE OCEAN TRAILS PROJECT LOCATED IN COASTAL SUBREGIONS 7 AND 8 WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential Planned Development of 120 single family dwelling units and for development of an 18 -hole golf course, a clubhouse and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east; and, WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45 days from June 7, 1991 through July 22, 1991 in order to receive written comments on the adequacy of the document from responsible agencies and the public; and, WHEREAS, subsequent to the circulation of the Draft Environmental Impact Report and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map No. 50666 and 43 in Vesting Tentative Tract Map No. 50667, and an 18 hole golf course with related facilities within the boundaries of both Vesting Tentative Tract Maps, and, due to the changes in the project, an Addendum to the Draft Environmental Impact Report (ADEIR) was prepared; and, WHEREAS, based on review of the Addendum to the Draft Environmental Impact Report , the City determined that the information submitted in the AEIR cited potential additional significant environmental impacts that would be caused by the revised project, and directed preparation of a Supplemental Environmental Impact Report (SEIR). The SEIR, which incorporates information and findings set forth in the Addendum to the Draft Environmental Impact Report, was prepared and circulated for 45 days from March 19, 1992 through May 4, 1992, during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR, in conformance with the requirements of the California Environmental Quality Act; and, WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92 -53, certifying Environmental Impact Report No. 36 and adopted Resolution Nos. 92 -54, 92 -55, 92 -56 and 92 -57, respectively approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103 and Grading Permit No. 1541 for a Residential Planned Development consisting of a total of eighty -three (83) single family dwelling units, an 18 hole public golf course and public open space on 261.4 acres in Coastal Subregion Nos. 7 and 8; and, WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project raised substantial issue, the California Coastal Commission denied Coastal Permit No. 103, directed the landowners to redesign the project to address the concerns raised by the Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes for reconsideration; and, WHEREAS, on December 7, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 92 -115 approving the Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 92-116,92-117,92-118 and 92 -119 approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 in order to address concerns raised by the Coastal Commission with regard to adequate provisions for public open space, public access and habitat preservation; and, WHEREAS, on April 15, 1993, the California Coastal Commission approved Coastal Development Permit No. A- 5- RPV -93 -5 (i.e. Coastal Permit No. 103), subject to additional conditions of approval; and, WHEREAS, on October 5, 1993, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93 -89 approving a second Addendum to Environmental Impact Report No. 36 and adopted Resolution Nos. 93 -90, 93 -91, 93 -92 and 93 -93 respectively re- approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and, WHEREAS, on November 5,1993, the California Coastal Commission adopted revised and expanded findings in conjunction with the project; and, WHEREAS, on September 6, 1994, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 94 -71 approving a third Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 94 -72, 94 -73, 94 -74, 94 -75, 94 -76 and 94 -77, respectively, approving Revision "A" to the approved Ocean Trails project, including, but not limited to, relocation of the golf course clubhouse from the area southwest of the School District property to an area north of Half Way Point, locating the golf course maintenance facility and four (4) affordable housing units southeast of the corner of Palos Verdes Drive South and Paseo Del Mar, reducing the number of single family residential lots from eighty -three (83) to seventy -five (75) and increasing the height of the golf course clubhouse from thirty (30) feet to forty -eight (48) feet; and, WHEREAS, on January 12,1995, the California Coastal Commission approved Coastal Development Permit No. A 5 -RPV 93 -005A (i.e. Coastal Permit No. 103), thereby approving its first amendment to the permit, subject to revised conditions of approval; and, WHEREAS, on September 27, 1995, the California Coastal Commission approved Coastal Development Permit No. A -5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its second amendment to the permit; and, WHEREAS, on February 1, 1996, the California Coastal Commission approved Coastal Development Permit No. A- 5- RPV- 93 -005A (i.e. Coastal Permit No. 103), thereby approving its third amendment to the permit; and, WHEREAS, on March 11, 1996, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 96 -15 approving a fourth Addendum to Environmental Impact Report No. 36 and Adopted Resolution Nos. 96 -16, and 96 -17, respectively, approving Revision "B" to the approved Ocean Trails project, including, but not limited to, modifying the approved alignment of Paseo del Mar ( "A" Street/"J" Bluff Road), revising the Conditions of Approval regarding several public trails, and relocating the golf course clubhouse approximately 80 feet to the west of its previously approved location; and, WHEREAS, on May 28, 1996, Zuckerman Building Company and Palos Verdes Land Holdings Company submitted an application package to the City of Rancho Palos Verdes requesting approval for certain revisions to the approved Ocean Trails project, including, but not limited to, relocation of two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" to the end of Street "C ", revisions to the boundaries of open space Lots B, C, G and H, conversion the split -level lots in Vesting Tentative Tract Map No. 50667 to single -level lots, revisions to the golf course layout, revisions the public trail system, combination of parallel trails easements, construction of a paved fire access road west of the Ocean Terraces Resolution No. 96 -73 Page 2of9 Condominiums and amendments to several Conditions of Approval and Mitigation Measures to modify the required timing for compliance; 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 August 13, 1996, after notice issued pursuant to the provisions of the Development Code, the Planning Commission held a public hearing to consider draft Addendum No. 5 to Environmental Impact Report No. 36 and the proposed Revision "C" to the Ocean Trails project, at which time all interested parties were given an opportunity to be heard and present evidence. At the conclusion of the duly noticed public hearing, the Planning Commission adopted P.C. Resolution Nos. 96 -22, 96 -23, 96 -24, 96 -25, 96 -26 and 96 -27, thereby recommending approval of Addendum No. 5 to EIR No. 36 and recommending approval of the revisions to Tentative Tract Map Nos. 50666 and 50667 to the City Council, and approving revisions to Conditional Use Permit Nos. 162 and 163 and Grading Permit No. 1541; and, WHEREAS, on August 31,1996, copies of the Addendum No. 5 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revision "C" to the Ocean Trails project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 5 to EIR No. 36 and revised Mitigation Monitoring Program, and determined that the documents were prepared in compliance with the requirements of the California Environmental Quality Act and local guidelines, with respect thereto; and, WHEREAS, on September 3, 1996, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider draft Addendum No. 5 to Environmental Impact Report No. 36 and the proposed Revision "C" to the Ocean Trails project, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: In considering the proposed revisions to the project, the City Council has determined that the preparation of Addendum No. 5 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 revised project will result in no significant change in the impacts identified in the previous EIR. The relocation of two single family residential lots in Vesting Tentative Tract Map No. 50667 from the end of Street "A" (Lot Nos. 34 and 35 on the previously approved plan) to the end of Street "C" (Lot Nos. 8 and 9 on the revised plan) and the revision to the golf course layout for Hole Nos. 3, 4 and 5 does not result in any new or increased impacts to the environment, since these improvements would be located in areas of the subject property that were previously identified as part of the developed and /or graded portion of the project. The reconfiguration to the boundaries of common open space Lots B, C, G and H does not result in any new or increased impacts to the environment, since the minimum required lot sizes of these lots will be maintained and there will be no net decrease in the acreage of protected habitat. The conversion of the split -level lots to single -pad lofts in Vesting Tentative Tract Map No. 50667 and the proposed changes to the maximum building heights on some of these lots does not result in any new or increased impacts to the environment, since the views of the ocean, Catalina Island and the coastline from Palos Verdes Drive South would not be adversely impacted. Resolution No. 96 -73 Page 3 of 9 The proposed changes to the public trails in the project would not result in any new or increased impacts to the environment, since 1) the realignment of the public trail from the La Rotonda parking lot to the Bluff Top Activity Corridor would increase the safety of the public using the lateral trail connection through the golf course to the bluff top; 2) the provision to allow shared use of certain segments of the public trail for golf carts would minimize the amount of pavement in these areas, minimize conflicts caused by crossing paths and would not diminish public enjoyment of these trails; and and, 3) the combination of parallel pedestrian and bicycle trails into a single easement would not change the physical configuration of the trails once they have been constructed. The construction of a paved fire access road on the seaward side of the Ocean Terraces Condominiums does not result in any new or increased impacts to the environment, since the paved road would improve public safety by providing all- weather access to the existing fire hydrants along the south side of the condominium complex. The amendments to the Conditions of Approval and Mitigation Measures would not result in any new or increased impacts to the environment, since these changes will not alter the effectiveness of the Conditions of Approval and /or Mitigation Measures, and will act, instead, to ensure that the project are better monitored and the impacts are fully mitigated. Therefore, based on the review of Draft Addendum No. 5 to Environmental Impact Report No. 36 prepared in association with the proposed Revision "C" to the Ocean Trails project, as conditioned, the City Council finds that the project still mitigates, or reduces to the extent feasible, significant adverse effects to adjacent properties or the permitted uses thereof. In approving the revised project, the City Council finds that social, recreational, and other benefits of the project continue to outweigh any unavoidable adverse environmental impacts that may occur and that due to overriding benefits and considerations, any unavoidable adverse environmental impacts of the project are acceptable. Accordingly, the City Council hereby incorporates, by reference, the Final EIR No. 36, the Supplemental EIR, Addenda Nos. 1, 2, 3 and 4, and Resolution No. 92 -115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein). Section 2: The mitigation measures contained in the revised 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 Vesting Tentative Tract Map No. 50666. Section 3: That the creation of thirty -nine (39) single - family residential lots, golf course with related improvements and public open space, as conditioned, is consistent with the City's General Plan and Coastal Specific Plan. The General Plan land use map designates almost the entire project site as Residential, with a maximum density of one dwelling unit per acre, and designates the coastal bluffs as hazard areas. The General Plan provides for additional commercial recreational uses within the City as appropriate to a particular location, including golf, equestrian, tennis and other recreational activities, and designates the City's entire coastal area as a specific plan district. The Coastal Specific Plan land use map shows the following general uses for the project site: (a) Residential (with a maximum density of one dwelling unit per acre) for the vast majority of the property, (b) Hazard areas along the bluffs and in the westerly natural drainage course, (c) a floating Retail Commercial area, and (d) Recreational parking. The text of the Coastal Specific Plan expressly permits visitor - serving uses, such as a golf course, subject to satisfaction of the requirements for granting a conditional use permit under the Development Code. With 39 residential units on approximately 39.6 acres, the density is slightly below one dwelling unit per acre and, therefore, consistent with the General Plan and Coastal Specific Plan. Section 4: That the creation of thirty -nine (39) single - family residential lots, common open space, a public golf course, and public open space, as conditioned, is consistent with the City's Development Code for projects within the RS -1 zoning district under a Residential Planned Development. In addition, a minimum of Resolution No. 96 -73 Page 4 of 9 30 percent of the site will be maintained within the residential development as common open space, exclusive of the golf course. The 39 -Lot Revised Site Plan does not contemplate construction of any structures on land currently zoned as Open Space Hazard. The majority of the subject property is zoned RS -1 (Residential Planned Development) with the bluff face and the southwesterly natural drainage course (commonly known as Forrestal Canyon) being zoned as Open Space Hazard (OH). In compliance with the requirements of the OH zoning district, the applicant will not construct any permanent habitable structures on land that is zoned Open Space Hazard. The RS -1 (RPD) zone requires a conditional use permit for any type of development (§ 17.06.050) and expressly permits single - family residential development and any other uses permitted under Chapter 17.02, including conditionally- permitted uses under Chapter 17.56, such as golf courses (§ 17.06.030). Accordingly, under Chapter 17.06 and Section 17.56.020 of the Development Code, residential development and a golf course and related facilities are permissible uses, subject to a conditional use permit. The necessary findings with respect to the conditional use permits required in connection with the Residential Planned Development and golf course are contained in Resolutions Nos. 96 -75 and 96 -76, respectively. Furthermore, the residential portion of the project provides in excess of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible for viewing and access by the general public from public roads and walkways and preserves views to the coast. Section 5: That the provision of a continuous bluff road as provided in the Coastal Specific Plan and depicted on Figure 24 of the Coastal Specific Plan is infeasible due to geologic and geotechnical constraints affecting the property and because such a road would require substantial alteration to the natural canyon area on the western portion of the property commonly known as "Forrestal Canyon ". The City geologist and geotechnical engineer have each concluded that the land upon which such a road would be built has not demonstrated sufficient stability to warrant the construction of a permanent road in that location. As an alternative, the project features the realignment of Paseo Del Mar as a bluff road cul-de -sac taking access from Palos Verdes Drive South and the vacation of the central portion of Paseo del Mar. There will be no dwelling units located seaward of this bluff road. The combination of the vacation of the central portion of Paseo del Mar, the realignment of Paseo Del Mar as a bluff road cul -de -sac taking access from Palos Verdes Drive South, and a public access easement over the clubhouse driveway and parking facilities to Forrestal Canyon, as provided in the revised applications and conditions of approval, is consistent with Coastal Specific Plan, Subregion 7, Policy No. 16 which states that " Paseo del Mar shall be improved to provide access to residential development and consideration shall be given to relocating Paseo del Mar southward or exchanging it for another access route closer to the bluff edge." The intent of Coastal Specific Plan, Subregion 7, Policy 19 is satisfied by the provision of an 8.9 acre Bluff Top Public Access Corridor with a minimum width of one hundred (100) feet located along the bluff top between Half Way Point Park and Shoreline Park. This Bluff Top Public Access Corridor contains a public pedestrian trail along the entire length of the corridor and an off -road bicycle trail through the central portion of the site. The City Council finds that the Bluff Top Public Access Corridor is similar in average width and area to any coastal bluff road which would otherwise be constructed, if geologically feasible, pursuant to Coastal Specific Plan, Subregion 7, Policy 19. The City Council further finds that there shall be no road seaward of the last row of dwelling units in the residential area located on the far western portion of the property because the adverse impacts of a such a road outweigh its potential benefits. A road seaward of the last row of dwelling units in this area should not be connected to the proposed bluff road because such a connection would result in substantial alteration and damage to Forrestal Canyon and the significant biological resources located therein. Resolution No. 96 -73 Page 5of9 Without such a connection, the City Council finds that such a road is unnecessary to provide vehicular access to the coast and the coastal bluff, adequate vehicular access having already been provided by the bluff road cul-de -sac and public access to the clubhouse driveway and parking facilities, as described above. Section 6: That the golf course and related uses are consistent with Coastal Specific Plan, Subregion 7, Policy 7 which states: "Ensure that any proposed commercial activity responds to the needs of the coastal residents and shall not be of an intensity which would purposefully generate a service area external of the coastal region." The City Council finds that the intent of the above policy is to limit traditional commercial development (such as retail and office uses) so as not to create a service area external to the coastal region and that such policy is not intended to apply to commercial recreational uses, which are encouraged by the General Plan and Coastal Specific Plan. The City Council's interpretation of this policy is consistent with other policies in the Coastal Specific Plan and with Resolution No. 82 -24, which adopted Coastal Specific Plan Amendment No. 1 and specifically authorized visitor - serving uses, such as golf, in Subregion 7. Section 7: That the trails plan as shown in the revised "Site Plan for Conditional Use Permit Amendment Map No. 2" (dated June 19,1996) submitted by the applicant, including the Class I Pedestrian and Bike Trail segment in the area seaward of the western residential area, is consistent with the Coastal Specific Plan requirements relating to trails. The precise alignment of this particular trail segment varies between its description in the Coastal Specific Plan, its display on Access Corridors map in the Coastal Specific Plan (Figure 24) and its location on the Coastal Specific Plan Land Use Map. Because of these slightly different configurations, City Council finds that these descriptions and maps in the Coastal Specific Plan are intended to provide a generalized location for this trail segment. The City Council has considered these different alignments and found that the alignment of this segment as shown in the "Site Plan for Conditional Use Permit Amendment Map No. 2" (dated June 19, 1996) provides comparable public access, minimizes incompatibility with the active public recreational uses and, when connected to the bluff road cul-de -sac via a bridge over Forrestal Canyon, provides linkage to the bluff road, bluff top areas and the remainder of the site. The City Council finds that in the absence of a road seaward of the last row of dwelling units in the western residential area (as described in Section 5 hereof), this trail segment should be located as shown in the revised "Site Plan for Conditional Use Permit Amendment Map No. 2" (date June 19, 1996). Section 8: That the golf course and related uses are consistent with Coastal Specific Plan policy and Section 17.06.040.C.8 of the Development Code, which require the area seaward of corridor improvements to be improved and either dedicated or permanently maintained through deed restriction for public use. Section 17.06.040.C.6 of the Development Code permits the preservation of open space by dedication, deed restriction or other appropriate methods approved by the City. In compliance with these provisions and policies, the East and West Bluff Preserves, Half Way Point Park, Half Way Point Preserve, the Bluff Top Public Access Corridor, the Bluff Top Wildlife Corridor (located between the West Bluff Preserve and Half Way Point Park) and the public paths, trails, parking and recreational areas associated with these public open space areas will be improved by the applicants and offered to the City for dedication. Furthermore, the golf course area will be improved by the applicants and permanently maintained through deed restriction for public use. The City Council specifically finds that the deed restriction on the golf course land constitutes permanently maintained public open space. Neither the Coastal Specific Plan nor Development Code expressly prohibit active public recreational uses, or require only passive public uses, for the area seaward of the conceptual bluff road. Section 9: For purposes of the Subdivision Map Act, the design of the subdivision, golf course, and the related improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat based on compliance with the City's Development Code, General Plan and Coastal Specific Plan and consideration of information contained in Draft, Supplemental, and Addenda to Environmental Impact Report No. 36. Resolution No. 96 -73 Page 6of9 The City Council acknowledges thatthere is the difference between the term "significant impact' under CEQA and the term "substantial environmental damage" under the Subdivision Map Act. Draft EIR No. 36, Supplement to EIR No. 36, Addenda Nos. 1, 29 3 and 4 to EIR No. 36 are required to base environmental findings on a "worst case" basis. As a result, the Final EIR and Addendum No. 1 conclude that significant impacts to biological resources remain after mitigation because of the loss of raptor foraging area and because of the temporal loss of Coastal Sage Scrub. Even with the 2:1 replacement of existing viable Coastal Sage Scrub and the other mitigation measures contained in the Final and Addendum No. 1 to EIR No. 36, the temporal loss of Coastal Sage Scrub, which serves as natural habitat for the California gnatcatcher, is considered significant due to the uncertainty that this species will be able to re- occupy the site after replacement of the Coastal Sage Scrub. These environmental findings are primarily the result of grading for the golf course, which itself has already been minimized through its links -type design. These specific findings and a corresponding statement of overriding considerations are contained in Resolution No. 92 -115, which is hereby incorporated by reference. With the mitigation measures adopted by the City pursuant to Resolution No. 92 -115, and revised pursuant to Resolution No. 96 -72, the project will not result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat under the Subdivision Map Act. However, even assuming that the project did result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, such damage or injury would be caused primarily by grading for the golf course. The elimination of the golf course is not feasible because it would not satisfy an important objective of the project: to provide visitor - serving public recreational uses, which objective is encouraged by policies in the Coastal Specific Plan. For this reason, this alternative or mitigation measure has been rejected by the City Council. Pursuant to Resolution No. 92 -115, the City has made a finding of infeasibility with respect to elimination of the golf course. Section 10: That the subject property is physically suitable to accommodate the revised Vesting Tentative Tract Map No. 50666, as conditioned, in terms of design and density. Section 11: That the creation of the lots, single family residential dwelling units, golf course, public open space, and related improvements will not be materially detrimental to property values, nor will it jeopardize, endanger, or otherwise constitute a menace to the surrounding areas, since physical improvements, dedications and maintenance agreements are required. Section 12: The City Council has considered the effect of the revised tract map on the housing needs of the region as set forth in the City's Housing Element, and balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, and finds that the revised tract map helps to achieve those housing needs without unreasonably burdening the public service needs of existing residents and available fiscal and environmental resources. Section 13: The City Council has considered the requirements of Government Code Section 65590, which requires new housing developments located in the coastal zone to provide, where feasible, housing units for persons and families of low or moderate incomes, as defined in Section 50093 of the Health and Safety Code. The Government Code further requires that where it is not feasible to provide these housing units in a proposed new housing development, the local government shall require the developer to provide such housing, if feasible to do so, at another location within the City, either within the coastal zone or within three miles thereof. Based on the information, analysis and findings included in Environmental Impact Report No. 36, and the subsequent conditions of approval placed on the project by the City of Rancho Palos Verdes and the California Coastal Commission, the City Council finds that the Ocean Trails project site has certain physical and environmental constraints, including geotechincal factors, topographic conditions and requirements for open space, public parks, a trails network and native habitat areas, which limit the amount of land available on -site for the construction of affordable housing units. Resolution No. 96 -73 Page 7 of 9 In addition, based on information that was gathered by the City with regard to the average number of persons within the low to moderate income ranges that would be expected to be employed on the project site, including employees associated with the golf course and the residential lots, the City Council finds that the project will generate a need for affordable housing units. Therefore, taking into the account the physical constraints, yet recognizing the employment generated housing needs, the City Council finds that a requirement of 10% (currently 8 units) of affordable housing (based on the final total number of buildable lots) is a feasible requirement that would satisfy the intent of Government Code Section 65590. However, the City Council's finding is in no way intended to preclude future residents or tenants of the project site from providing additional affordable housing opportunities. Section 14: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and /or public utility rights -of -way and /or easements within the tract. Section 15: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). Section 16: That the design of the residential subdivision, golf course, and associated improvements are not likely to cause serious public health problems. Section 17: That the design of the residential subdivision, golf course, and the type of improvements associated with them, will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Further, public trail easements which are consistent with the policies of the General Plan and the Coastal Specific Plan are required as a condition of this approval. Section 18: That the design of the revised vesting tentative tract map provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Section 19: That the revised vesting tentative tract map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. Section 20: That dedications required by local ordinance are shown on the tentative map and /or are set forth in the conditions of approval attached hereto in Exhibit "A ". Section 21: That the City considered the effect of approval of the residential subdivision on the housing needs of the region in which the City is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Section 22: For the foregoing 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 the revisions to Vesting Tentative Tract Map No. 50666 , subject to: 1) the conditions of approval attached in Exhibit "A ", which are necessary to protect the public health, safety and general welfare; 2) the approval of revisions to Vesting Tentative Tract Map No. 50667, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541; and, 3) approval of Addendum No. 5 to Environmental Impact Report No. 36. Resolution No. 96 -73 Page 8 of 9 PASSED, APPROVED, and ADOPTED this 3rd day of September 1996. MAYO ATTEST: CITV CLEAK STATE G`F CALIFORNIA COUNTY Ofy 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. 96- 73 was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 3, 1996. zI_ r Jo Purcellr ity Clerk City of R ` ho Palos Verdes M: WSERS% CAROLYNNd1WPWIN60VOCEANTR %REVC%CCTR666.RVC Resolution No. 96 -73 Page 9of9 RESOLUTION NO. 96-73 EXHIBIT "A" VESTING TENTATIVE TRACT MAP NO. 50666 - REVISION "C" CONDITIONS OF APPROVAL A. GENERAL 1. Within thirty (30) days of approval of Revision "C" to the Vesting Tentative Tract Map, the developers shall submit, in writing, a statement that they have read, understand, and agree to all of the conditions of approval contained in this exhibit. 2. The City's fee for processing a Final Map shall be paid within six (6) months of approval of the Vesting Tentative Tract Map by the last responsible public agency. 3. All residential lots shall conform to the applicable minimum development standards as specified in Resolution No. 96 -75 for Conditional Use Permit No. 162 and Resolution No. 96 -77 for Grading Permit No. 1541. 4. The golf course and all related improvements shall conform to the applicable development standards and conditions as specified in Resolution No. 96 -76 for Conditional Use Permit No. 163 and Resolution No. 96 -77 for Grading Permit No. 1541, which are hereby incorporated by reference. 5. Pursuant to Development Code Section 17.67.090, this approval shall expire twenty -four (24) months from the date that the Coastal Permit associated with this Vesting Tentative Tract Map is approved by the last responsible agency, unless the Final Map has been recorded. Three extensions of up to one (1) year each, may be granted by the City Council, if requested in writing prior to expiration. 6. The developer shall supply the City with one mylar and one print of the recorded Final Map within thirty (30) days of recordation of Final Map. 7. This approval is conditioned upon the applicant entering into an agreement with the City of Rancho Palos Verdes within twenty (20) days of the date of this approval, subject to approval by the City Attorney, to indemnify and defend the City against all damages, claims, judgements, and litigation costs, including, without limitation, attorney's fees awarded to a prevailing party, arising from the approval of the project and all issues related thereto. 8. In conjunction with Vesting Tentative Tract Map No. 50667, the developer shall provide a minimum of four (4) dwelling units on -site as rental housing, which shall be affordable to very low to low income households. These units shall be provided on -site in conjunction with development of the clubhouse and /or golf course maintenance facilities. Each unit shall contain at least 850 square foot of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided for each unit. The units shall be available for rent within one year of the opening of the clubhouse. A covenant which guarantees that the affordable units shall not revert to market rate for a minimum period of thirty years shall be recorded no later than the date of recordation of the final map. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low income levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed). 9. The total number of on -site market -rate dwelling units shall be limited to one dwelling unit per buildable acre of land. However, as an incentive to the developer to provide affordable housing, the four (4) affordable dwelling units to be provided on -site, pursuant to Condition No. A.8 above, shall be allowed to exceed the one dwelling unit per buildable acre maximum. However, in no event shall more than 79 units (both market -rate and affordable) be constructed on the total project site, which includes Vesting Tentative Tract Map Nos. 50666 and 50667. 10. In conjunction with Vesting Tentative Tract Map No. 50667, the developer shall provide a minimum of four (4) dwelling units off -site as rental housing, which shall be affordable to very low to low income households. The off -site units shall be located in the City, either within the City's coastal zone or within three miles thereof, and shall not already be designated for or used by persons or families of very low to moderate income levels. The units shall contain at least 850 square feet of habitable space and two bedrooms. The units shall be available for rent at the time when 50% of the market -rate lots are available for sale. The units shall remain affordable to very low to low income households for a period of at least thirty years after initial occupancy at the affordable rate. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed). B. SUBDIVISION MAP ACT 1. Prior to recordation of the Final Map, pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from all affected departments and divisions, including a clearance from the Director of Public Works for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc. C. COUNTY RECORDER 1. If signatures of record or title interests appear on the Final Map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest holders. 2. The account for the preliminary title report guarantee referenced in Condition C.1, shall remain open until the Final Map is filed with the County Recorder. D. ARCHAEOLOGY AND PALEONTOLOGY 1. Prior to issuance of grading permits, the project archaeologist shall submit a protocol to the City for monitoring and for the discovery of archaeological resources. A qualified archaeologist shall be present during all rough grading operations to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Planning, Building and Code Enforcement. All archaeological finds shall be first offered to the City for preservation. At the completion of grading, the project archaeologist shall submit a report detailing findings, if any. 2. Prior to issuance of grading permits, the project paleontologist shall submit a protocol to the City for monitoring and for the discovery of paleontological resources, A qualified paleontologist shall be present during all rough grading operations to further evaluate pre- historic resources on the site. If paleontological resources are found, all work in the affected areas shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Environmental Resources. All paleontological finds shall be first offered to the City for preservation. At the completion of grading, the project paleontologist shall submit a report detailing findings, if any. Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 2 of 14 E. BIOLOGY 1. Prior to issuance of grading permits, or prior the recordation of the Final Map, whichever occurs first, the developer shall submit a Habitat Conservation Plan (HCP) for review and comment by local wildlife and habitat preservation groups, and subject to approval by the Planning Commission. 2. Prior to issuance of grading permits, the project biological monitor shall submit a protocol to the City for the monitoring of biological resources in conformance with the Habitat Conservation Plan and Environmental Impact Report No. 36. A qualified biologist shall be present during all rough grading operations to verify and ensure compliance with mitigation measures contained in Environmental Impact Report No. 36 for preservation of biological resources, and conformance with the conditions and requirements of the Habitat Conservation Plan (HCP) as described in Condition E.1 above. F. SEWERS 1. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division. 2. If, because of future grading, or for other reasons, it is found that the requirements of the Plumbing Code cannot be met on certain lots, no building permit will be issued for the construction of homes on such lots. 3. Sewer easements are tentatively required, subject to review by the Director of Public Works to determine the final locations and requirements, prior to the recordation of the Final Map. 4. Prior to commencement of construction of the sewer system in each approved phase of the project, the developer shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division. 5. Prior to approval of the Final Map, the developer shall submit to the Director of Planning, Building and Code Enforcement a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and shall state that the County is willing to maintain all connections to said trunk lines. 6. Prior to the recordation of the Final Map or issuance of building permits, whichever occurs first, the developer shall post a bond, cash deposit, or other City approved security to cover costs for construction of a sanitary sewer system, in an amount to be determined by the Director of Public Works. G. WATER 1. There shall be filed with the Director of Public Works a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be required prior to recordation of the Final Map. 2. Prior to recordation of the Final Map or prior to the commencement of work on the water system serving the site, whichever occurs first, the developer must submit a labor and materials bond in an amount to be determined by the Director of Public Works in addition to either: a. An agreement and a faithful performance bond in the amount estimated by the Director of Public Works and guaranteeing the installation of the water systems or Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 3of14 b. An agreement and other evidence satisfactory to the Director of Public Works indicating that the subdivider has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system. 3. A statement from the water purveyor shall be filed with the Director of Public Works indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that, under normal operating conditions, the system will meet the needs of the developed tracts. Said statement shall be required prior to recordation of the Final Map. 4. At the time the final subdivision improvement plans are submitted for checking, plans and specifications for the water system facilities shall be submitted to the Director of Public Works for checking and approval and shall comply with the Director of Public Works' standards. Approval for filing of the Final Map is contingent upon approval of the plans and specifications mentioned above. 5. All lots and golf course facilities shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flow requirements shall be determined by the Director of Public Works. Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Los Angeles County Fire Chief is required prior to recordation of the Final Map. The developer shall be responsible for installation of any fire hydrants or other improvements required by the Los Angeles County Fire Department at the time the public streets are constructed. 6. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to the said structures pursuant to Condition G.5. H. DRAINAGE 1. Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work on the drainage system within each approved phase of the project, whichever occurs first: a. Provide drainage facilities in accordance with the Storm Water Pollution Prevention Plan to remove any flood hazard to the satisfaction of the Director of Public Works and dedicate and show easements on the Final Map. b. Eliminate sheet overflow and ponding or elevate the floors of the buildings, with all openings in the foundation walls to be at least twelve inches above the finished pad grade. C. Provide drainage facilities to protect the residential lots and golf course from high velocity scouring action. d. Provide for contributory drainage from adjoining properties. e. Redirect high flow runoff away from the natural drainage courses and retain low flows to maintain adequate soil moisture conditions. 2. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, telephone (310) 435 -7741, shall be notified a minimum of two (2) weeks prior to commencement of work within the natural drainage courses crossing the site. Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 4 of 14 3. The U.S. Army Corps of Engineers shall be contacted prior to alteration of any drainage courses on -site to determine jurisdiction and permit requirements, if any, with respect to Section 404 of the Clean Water Act (as amended 1984). 4. All storm drain facilities shall be designed prior to recordation of the Final Map and constructed where feasible so as to be accepted for maintenance by the Los Angeles County Public Works Department, Flood Control Division, subject to review and approval by the Director of Public Works. All facilities not in accepted by the County shall comply with Condition H.5. 5. The City shall form a maintenance district prior to recordation of the Final Map, consisting of the residential property owners and golf course owner(s) within the tract, to cover the maintenance costs associated with all drainage outlet structures that are not accepted for maintenance by the Los Angeles County Public Works Department Flood Control Division, that carry storm water generated by, or passing through, the residential and golf course areas on the site to the ocean. Neither the developer, nor any successor in interest, including but not limited to individual purchasers of any lot within the tract, shall object to the formation of such a maintenance district by the City. All costs associated with establishing any maintenance district shall be borne by the developer. All fees associated with such a maintenance district shall be calculated by the Director of Public Works, and shall be based on a proportionate fair share between the owner(s) of the golf course and owners of each residential property. Written notice of this condition shall be provided to purchasers of the golf course and purchasers of any individual lot within the development. This condition shall also be included in the CC & R's for the tract. 6. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of earth tone color and shall be reviewed and approved by the Director of Planning, Building and C_ ode Enforcement prior to issuance of grading permits. 7. Prior to the issuance of grading permits, or prior to recordation of a Final Tract Map, whichever occurs first, the developer shall submit an Storm Water Pollution Prevention Plan. The post - construction portion Storm Water Pollution Plan shall be reviewed and approved by the Planning Commission. The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post- construction Best Management Practices (BMPs) to: a. Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies; b. Maximize to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground; C. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas; d. Minimize, to the maximum extent practicable, parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping; e. Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil; and f. Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable. Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 5 of 14 Further, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. The pre - construction Storm Water Pollution Plan shall be reviewed and approved by the Director of Public Works. These practices should: a. Include erosion and sediment control practices; b. Address multiple construction activity related pollutants; C. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning; d. Target construction areas and activities with the potential to generate significant pollutant loads; e. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity; f. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties; g. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site; and h. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at construction sites, unless treated to remove sediments and pollutants. STREETS 1. Prior to recordation of the Final Map or commencement of work on the street system for the site, whichever occurs first, the developer shall post a bond, cash deposit, or other City- approved security to cover costs for the full improvements of all proposed on -site and off -site streets and related improvements, in an amount to be determined by the Director of Public Works. The bonding for said improvements may be posted in conjunction with the phasing plan as per Resolution No. 96 -75 for Conditional Use Permit No. 162, Condition B.1. 2. The proposed on -site streets shall be dedicated for public use on the Final Map and designed to the satisfaction of the Director of Public Works. Prior to recordation of the Final Map, the developer shall submit design specifications for the on -site streets to the Director of Public Works for approval, pursuant to the following specifications: a. Paseo Del Mar (between Palos Verdes Drive South and "B" Street) shall be a minimum of fifty five (55) feet in width, measured from flow line to flow line, including a ten (10) foot wide median. Parkway widths shall be a minimum of eight (8) feet on each side. The total right -of -way width shall be seventy one (71) feet. The Final Map shall reflect these standards. b. "A" Street ( Paseo Del Mar extension) shall be a minimum of thirty six (36) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of three (3) feet on the north side and seven (7) feet on the south side. The total right -of -way width shall be forty six (46) feet. The Final Map shall reflect these standards. C. "B" Street shall be a minimum of forty (40) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of eight (8) feet on each side. The total right -of- way width shall be fifty six (56) feet. The Final Map shall reflect these standards. Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 6 of 14 d. "C", "D ", and "E" Streets shall be thirty four (34) feet in width, measured from flow line to flow line. Parkway widths shall be a minimum of eight (8) feet along the southerly side along Streets "C", "D ", and "E ", and shall be a minimum of four (4) feet along the northerly side on Streets "C ", "D ", and "E ". The total right -of -way shall be forty six (46) feet. The Final Map shall reflect these standards. e. A public off - street parking area shall be provided on the southerly side of Palos Verdes Drive South, between Palos Verdes Drive South and "E" Street, west of Paseo del Mar, as part of the West Vista Park. Said parking area shall be at the same grade as Palos Verdes Drive South, shall contain a minimum of six (6) parking spaces, and one (1) parking space shall be reserved for handicapped use. The design of the off - street parking area and any time restrictions shall be submitted for review and approval by the Director of Public Works. Public parking and access to this area shall be prohibited after dusk. f. On- street public parking shall be provided along "A" Street ( Paseo Del Mar extension). Said on- street parking area shall contain a minimum of ninety (90) parking spaces and a minimum of five (5) parking spaces shall be reserved for handicapped use. The design of the on- street parking area shall be submitted for review and approval by the Director of Public Works. g. All streets shall have a vertical type curb. The developer may request roll type curbs, subject to the review and approval of the Director of Public Works. h. Handicapped access ramps which conform to all standards and specifications in Title 24 of the Uniform Building Code shall be provided at all sidewalks and at all locations where public trails intersect with streets and /or sidewalks in or adjacent to the subject development. Cul -de -sacs shall be designed to the specifications of the Director of Public Works. j. Street and traffic signs shall be placed at all intersections and /or corners as specified by the Director of Public Works, shall conform to City Standards, and shall be shown on a signage and striping plan to be attached to the street plans. k. Sidewalks, where required, shall be concrete, a minimum of four (4) feet wide, and located adjacent to the curb. All proposed streets shall be designed in substantially the same alignment as shown on Vesting Tentative Tract Map No. 50666 Amended Map No. 1, dated as revised on July 31, 1996. 3. The developer shall be responsible for the design and construction of the realignment Palos Verdes Drive South from Conqueror Drive to the eastern City limits. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works prior to issuance of grading permits or recordation of the Final Map, whichever occurs first and shall include a minimum fourteen (14) foot wide median from Conqueror Drive to Palos Verdes Drive East and a minimum of ten(10) foot wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 7of14 4. Prior to recordation of the Final Map, the project shall contribute to the installment of the following street improvements based on a "fair share" of the cost as determined by the Director of Public Works, which will be allotted only to new traffic: a. Construction of a second westbound left -turn lane at the intersection of Hawthorne Boulevard and Palos Verdes Drive West. b. Construction of a second eastbound left -turn lane and a second southbound right -turn lane at the intersection of Western and 25th Street, if approved by the City of Los Angeles. The developer shall be responsible for contacting the appropriate agencies in the City of Los Angeles and shall provide necessary documentation to the City of Rancho Palos Verdes Director of Public Works, including a letter of approval from the City of Los Angeles, for determination of the project's fair share of the cost for improvements to the above intersection. 5. The developer shall be responsible for repairs to any public streets which may be damaged during development of the tract. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City- approved security, in an amount sufficient to cover the costs to repair any damage to streets and appurtenant structures as a result of this development. 6. The developer shall pay traffic impact fees prior to recordation of the Final Map in an amount determined by the Director of Public Works upon the completion of all on -site public improvements, including, but not limited to, streets, drainage, and utility improvements. 7. Unless already dedicated to the City, the developer shall dedicate to the City vehicular access rights to Palos Verdes Drive South and Paseo Del Mar. A note to this effect shall be placed on the Final Map. 8. Prior to recordation of the Final Map, the developer shall post a security, bond, or cash deposit acceptable to the City in an amount to be determined by the Director of Public Works to cover the project's fair share of the cost of signalizing the intersection of Palos Verdes Drive South and Forrestal Drive at Paseo Del. Mar, and the intersection of Palos Verdes Drive South and La Rotonda Drive. 9. Prior to recordation of the Final Map, access to Lots 12 and 13 over Forrestal Canyon shall be provided by a pole for each lot, with a minimum width of twelve (12) feet and access shall be via a shared private driveway, with a maximum width of twenty -two (22) feet. A note to this effect shall be placed on the Final Map 10. Prior to recordation of the Final Map, or prior to issuance of grading permits, whichever occurs first, the developer shall process an application for vacation of the portions of the street right -of -way along Paseo del Mar which are to be developed for golf course uses, with the exception of the portion of the undeveloped Paseo del Mar right -of -way seaward of the Ocean Terraces Condominiums, which shall be retained for emergency fire access purposes, pursuant to Condition 1.1.1. 11. Prior to the acceptance of the street improvements by the City, the developer shall construct an all - weather emergency fire access road in the undeveloped portion of the Paseo del Mar right -of -way in compliance with the plan reviewed and approved by the Los Angeles County Fire Department. The Director of Planning, Building and Code Enforcement shall work with the Los Angeles County Fire Department to determine the final material used for the all- weather road surface in order to discourage use of this emergency fire access road by unauthorized users (such as bicyclists, golfers and roller skaters). Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 8of14 J. UTILITIES 1. All utilities to and on the lots and golf course shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developer's expense. K. GEOLOGY 1. Prior to recordation of the Final Map or prior to issuance of grading permits, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the Director of Public Works. 2. Prior to recordation of the Final Map or prior to issuance of grading permits whichever occurs first, a bond, cash deposit, or other City - approved security, shall be posted to cover the costs of grading in an amount to be determined by the Director of Public Works. L. EASEMENTS 1. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication or other easements until after the Final Map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Map. 2. Prior to the recordation of the Final Map, the developer shall submit design specifications for construction of bike lanes on Palos Verdes Drive South, and pedestrian and bicycle trails within the boundaries of the project site for review and approval by the Director's of Planning, Building and Code Enforcement, Public Works, and Recreation and Parks, as well as the City's Recreation and Parks Committee. 3. All easements are subject to review by the Director of Public Works to determine the final locations and requirements. 4. Palos Verdes Drive South On- Street Bicycle Lanes: As part of the roadway improvements required above by Condition 1.3, the developer shall construct to Conceptual Trails Plan standards, a Class II bicycle lane on both the north and south sides of Palos Verdes Drive South, along the entire length of the tract frontage on Palos Verdes Drive South. The bicycle lanes shall connect with the bicycle lane required along the Palos Verdes Drive frontage of Vesting Tentative Tract Map No. 50667. (Cross reference California Coastal Commission, Special Condition 3.A.1) 5. Palos Verdes Drive South Off -Road Bicycle Path: As part of the roadway improvements required above by Condition 1.3, the developer shall construct to Conceptual Trails Plan standards, a Class I off -road bicycle path on the south side of Palos Verdes Drive South, along the entire length of the tract frontage. This path shall have a minimum tread width of eight (8) feet and an easy to intermediate level of difficulty. This path shall be separated as much as possible from the roadway by a grade change and /or landscaping. This bicycle path shall connect with the bicycle path required along the Palos Verdes Drive frontage of Vesting Tentative Tract Map No. 50667. (Cross reference California Coastal Commission, Special Condition 3.A.2) 6. Palos Verdes Drive South Pedestrian Trail: As part of the roadway improvements required above by Condition 1.3, the developer shall construct to Conceptual Trails Plan standards, a pedestrian trail on the south side of Palos Verdes Drive South, between the roadway and the bicycle path described above in Condition L.5, along the entire length of the tract frontage on Palos Verdes Drive South. This trail shall have a minimum tread width of four (4) feet and an easy to intermediate level of difficulty. This trail shall be separated as much as possible from the roadway Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 9of14 by a grade change and /or landscaping. This pedestrian trail shall connect with the pedestrian trail required along the Palos Verdes Drive South frontage of Vesting Tentative Tract Map No. 50667. (Cross reference California Coastal Commission, Special Condition 3.A.3) 7. West End Bicycle Path: The developer shall construct to Conceptual Trails Plan standards an off - road bicycle path with a minimum tread width of eight (8) feet and an easy to intermediate level of difficultly beginning at the northwest corner of the tract at Palos Verdes Drive South, running south through Common Open Space Lot D to the southwest corner of Lot No. 40 and then running east through Lot B, across Forrestal Canyon, to the parking lot east of the clubhouse. The portion of the path between the northwest corner and the southwest corner of Lot No. 40 shall be combined with the pedestrian trail required in Condition L.B. The final alignment of that portion of the bicycle path located adjacent to the Portuguese Bend Club shall be at least 32 feet away from the west side property line and shall be reviewed and approved by the City Council prior to the commencement of grading in this approved phase of the project. A barrier to prevent the use of the path by motorized vehicles shall be erected at its intersection with Palos Verdes Drive South. This path shall cross Forrestal Canyon via a bridge constructed by the developer and dedicated for that purpose. The portion of this path located between the northeast corner of the West Bluff Preserve and the parking lot east of the clubhouse may be combined with the golf cart path. This path shall connect with the bicycle path required in Condition L.15. (Cross reference California Coastal Commission, Special Condition 3.A.4) 8. West End Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a pedestrian trail with a minimum tread width of four (4) feet on the west side of Street "C" between Palos Verdes Drive South and the northwest corner of Lot No. 40. The trail shall then go down the fill slope that supports Street "C" via stairs to join with the bicycle path required in Condition L.7. The pedestrian trail and bicycle path shall have a combined tread of eight (8) feet from the bottom of the stairs at the northwest corner of Lot No. 40 to the southwest corner of Lot No. 40. The portion of the pedestrian trail described above shall have an easy to challenging level of difficulty. From the southwest corner of Lot No. 40, one segment of the pedestrian trail shall continue to the Portuguese Bend Overlook and the other segment shall run east through Lot B, across Forrestal Canyon, to the parking lot east of the clubhouse. That portion of the trail between the parking lot east of the clubhouse and the Portuguese Bend Overlook shall be handicapped accessible with a minimum tread width of five (5) feet. The Director of Public Works may allow a steeper trail on the handicapped accessible portion, if required by natural grade conditions, but may further condition the final design of the trail to maximize public safety. A handicapped accessible, covered rest stop shall be provided at the Portuguese Bend Overlook. The covered rest stop shall not be required to be constructed if the Coastal Commission and /or its staff concurs that the structure may be deleted. This trail shall cross Forrestal Canyon via a bridge constructed by the developer and dedicated for that purpose, as required in Condition L.7. This trail shall connect with the pedestrian trails required in Condition Nos. L.9 and L.15. The final alignment of that portion of the pedestrian trail located adjacent to the Portuguese Bend Club shall be at least 32 feet away from the west side property line and shall be reviewed and approved by the City Council prior to the commencement of grading in this approved phase of the project. (Cross reference California Coastal Commission Special Condition 3.A.5) 9. Forrestal Canyon Fire Access and Pedestrian Trail and Bicycle Path: The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map, a fifteen (15) foot wide fire access easement, with pedestrian and bicycle access, within Common Open Space Lots B and C, extending from the end of Street "E ", parallel to the western side of Forrestal Canyon, and terminating at the off -road bicycle path and pedestrian trails required in Condition Nos. L.7 and L.B. Within this easement, the developer shall construct to Los Angeles County Fire Department standards, an all- weather fire access road. A break -away barrier, approved by the Fire Department, to prevent the use of the trail by unauthorized motor vehicles, but which allows pedestrian and bicycle traffic to pass through, shall be installed at the entrance to the access easement at the end of Street "E ". In addition, the developer shall dedicate to the City of Rancho Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 10 of 14 Palos Verdes and record on the final map two six (6) foot wide pedestrian trail easements within Common Open Space Lots B and C, which connect the terminus of Streets "D" and "C" to the fire access road described in this condition. Within these two easements, the developer shall construct to Conceptual Trails Plan standards a pedestrian path with a minimum tread width of three (3) feet and an easy to intermediate level of difficulty. This trail shall connect with the pedestrian trail required in Condition No. L.B. (Cross reference California Coastal Commission, Special Condition 3.A.10) 10. Paseo Del Mar Off -Road Bicycle Path: The developer shall construct to Conceptual Trails Plan standards a Class I off -road bicycle path with a minimum tread width of eight (8) feet and an intermediate level of difficulty beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side of Paseo Del Mar and "A" Street (Paseo Del Mar extension) within Golf Course Lot No. 38 to the parking lot on the east side of the clubhouse. This path shall be separated as much as possible from the roadway by a grade change and /or landscaping. This path shall connect with the bicycle paths described in Condition L.5 and L.17. (Cross reference California Coastal Commission, Special Condition 3.A.8) 11. Paseo Del Mar Pedestrian Trail: As part of the roadway improvements required by Condition 1.2, the developer shall construct to Conceptual Trails Plan standards, a four (4) foot wide pedestrian trail with an intermediate level of difficultly, beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side on Paseo Del Mar and "A" Street (Paseo Del Mar extension) to the small (45 space) public parking lot east of the clubhouse. This trail shall be separated as much as possible from the roadway by a grade change and /or landscaping. This trail shall connect with the trails described in Condition L.6, L.8 and L.17. (Cross reference California Coastal Commission, Special Condition 3.A.9) 12. West Bluff Preserve Bluff Top Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft - footed pedestrian trail with a minimum tread width of two (2) feet and an easy to intermediate level of difficulty beginning at the terminus of the pedestrian trail required in Condition L.8 (at the Portuguese Overlook), through West Bluff Preserve (Lot E) along the upper bluff top to the eastern boundary of Lot E and connecting with the pedestrian trail required in Condition L.13. (Cross Reference California Coastal Commission, Special Condition 3.A.15) 13. West Bluff Preserve Lateral Access Pedestrian Trail: The developer construct to Conceptual Trails Plan standards a pedestrian trail with a maximum tread width of two (2) feet and an easy to intermediate level of difficulty beginning from the pedestrian trail required in Condition L.8, within Golf Course Lot 38 and, parallel to the eastern boundary of West Bluff Preserve (Lot E), to the bluff top and connecting to the pedestrian trail required in Condition L.12. This trail may be combined with the golf cart path. (Cross reference California Coastal Commission, Special Condition No. 3.A.14) 14. La Rotonda Parking Lot Combined Bicycle Path and Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a combined bicycle path and pedestrian trail with a minimum tread width of eight (8) feet and an easy to intermediate level of difficulty beginning at the west end of the La Rotonda Parking Lot, south through School District property and Golf Course Lot No. 38 to the Bluff Top Activity Corridor. This combined path/trail shall connect with the combined off -road bicycle path and pedestrian trail required in Condition L.17. 15. Halfway Point Park Pedestrian Loop Trail: The developer shall construct to Conceptual Trails Plan standards a combined pedestrian and handicapped accessible trail with a minimum tread width of five (5) feet and an easy level of difficulty beginning at the small (45 space) parking lot east of the clubhouse, then running around the entire boundary of Half Way Point Park (Lot H) to the large (150 space) parking lot on the west side of the clubhouse. The Director of Planning, Building and Code Enforcement may allow a steeper trail in some areas if required by natural grade conditions. This trail shall connect with the pedestrian trails required in Conditions Nos. L.16 and L.17, and the Resolution No. 96 -73 Exhibit "A": Vesting Tentative Tract Map No. 50666 Page 11 of 14 combined pedestrian and handicapped accessible trail required in Condition L.8. (Cross Reference California Coastal Commission, Special Condition 3.A.16) 16. Sewer Easement Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a pedestrian trail with a minimum tread width of four (4) feet and an easy to intermediate level of difficulty beginning at the eastern boundary of Half Way Point Park (Lot H), east along the upper edge of "Slide Scarp C" (north of Golf Hole No. 18) to the bluff edge generally in the center of Golf Course Lot No. 38. The upper portion of the trail (north of Golf Course Hole No. 18) may be used by golf carts and maintenance vehicles, and the tread width may be increased accordingly. This trail shall connect to the pedestrian trails required in Conditions L.15 and L.17. (Cross reference portions of California Coastal Commission, Special Condition 3.A.13) 17. Bluff Top Activity Corridor Combined Bicycle Path and Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards an off -road bicycle path and pedestrian trail with a minimum tread width of eight (8) feet and an easy to intermediate level of difficulty beginning from the eastern boundary of Half Way Point Park (Lot H), running parallel to the bluff top through the Bluff Top Public Access Corridor (Lot K) to the eastern tract boundary at La Rotonda Canyon. This combined path/trail shall connect to the combined off -road bicycle path and pedestrian trails on the west side of La Rotonda Canyon required in Condition No. L.14. (Cross California Coastal Commission, Special Condition 3.A.12) 18. Bluff Top Activity Corridor Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft- footed pedestrian trail with a minimum tread width of two (2) feet and an easy to intermediate level of difficulty beginning from the eastern boundary of Half Way Point Park (Lot H), along the bluff top through the Bluff Top Public Access Corridor (Lot K) to the eastern tract boundary at La Rotonda Canyon. This trail shall connect to the pedestrian and handicapped trail required in Condition No. L.15 and the bluff top pedestrian trail located in Vesting Tentative Tract No. 50667 via a bridge across La Rotonda Canyon, constructed by the developer and dedicated for that purpose. (Cross Reference California Coastal Commission, Special Condition 3.A.11) 19. Halfway Point Park Beach Access Pedestrian Trail: The developer shall construct to Conceptual Trails Plan Standards a soft - footed pedestrian trail with a minimum tread width of four (4) feet and an easy to challenging level of difficulty beginning at the terminus of the trail required in Condition L.15 on the eastern boundary of Half Way Point Park (Lot H) and proceeding down the bluff face through the upper portion of Half Way Point Preserve (Lot F) and through the Bluff Dedication Area (Lot G) and terminating at the shoreline. This trail shall connect with the trail required in Condition L.15. (Cross reference California Coastal Commission, Special Condition 3.A.7) 20. The developer shall be responsible for the construction of all public trails specified in Conditions L.4 through L.19 and shall provide a bond, or other money surety for the construction of such public trails in an amount to be determined by the Director of Public Works. Construction of said trails shall coincide with the rough grading activity within each workable phase and shall be completed upon acceptance of all street improvements by the City. Dedication of the public trails shall occur at the time the Final Map is recorded. 21. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map a lateral public access easement for passive recreational use from the twenty -five (25) foot contour line seaward to the tract boundary. 22. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map, a public vehicular access easement, over the full width of the driveway that provides access to the clubhouse and the large (150 space) parking lot, from the terminus of Paseo Del Mar to the most westerly end of the driveway adjacent to Forrestal Canyon. Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 12 of 14 23. Where pedestrian trails or bicycle path are located within a common open space lot which is not required to be dedicated to the City of Rancho Palos Verdes or a golf course lot, the developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map an easement for public trail purposes. Bicycle path easements shall have a minimum width of twelve (12) feet and pedestrian trail easements shall have a minimum width of six (6) feet. Where pedestrian trails and bicycle paths are parallel to each other, the required easements may be combined into a single easement as follows: 1) the minimum separation between the adjacent tread widths shall be three (3) feet; 2) the combined easement shall be a minimum of eighteen (18) feet where there is a four (4) foot wide pedestrian tread width and a minimum of nineteen (19) feet where there is a five (5) foot pedestrian tread width (bicycle tread width is eight (8) feet in all cases). 24. Where pedestrian trails and /or bicycle paths are combined with golf cart paths, safety measures in addition to signage shall be explored in order to minimize conflicts between pedestrian /bicyclist and golf carts. Measures that may required by the Director of Public Works may include, but are not limited to the addition of lane striping. If safety problems arise once the pedestrian trails, bicycle paths and golf cart paths are operational, the Planning Commission may impose additional requirements, including requiring that the pedestrian trails and /or bicycle paths not be combined with golf cart paths. M. SURVEY MONUMENTATION 1. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof, shall be posted to cover costs to establish survey monumentation, in an amount to be determined by the Director of Public Works. 2. Within twenty-four (24) months from the date of recordation of the Final Map, the developer shall set remaining required survey monuments and center line 6e points and furnish the center line tie notes to the Director of Public Works. 3. All lot corners shall be referenced with permanent survey markers in accordance with City Municipal Code. The survey markers shall be inspected and accepted by the City prior to the release of the bond referenced in Condition M.1. N. STREET NAMES AND NUMBERING 1. Any street names and house numbering plans shall be provided to the City by the developer for approval by Director of Public Works prior to the recordation of the Final Map. O. PARK AND OPEN SPACE DEDICATION AND MAINTENANCE 1. Prior to recordation of the Final Map, the developer shall pay to the City of Rancho Palos Verdes, dedicate land, or a combination thereof to satisfy requirements of the Quimby Act. The land value used to calculate the fee shall be determined through a M.A.I. appraisal prepared and provided to the City within 60 days of City approval of the project. 2. In order to cover the maintenance costs associated with all public parks and trails located within the tract prior to the recordation of the Final Map, the City shall either 1) form a maintenance district consisting of the residential property owners and golf course owner(s) within the tract; or 2) include such areas in a City wide assessment district; or 3) otherwise assume responsibility for the maintenance of such areas. Neither the developer nor any successors in interest, including but not limited to individual purchasers of any individual lot(s), shall object to the formation of any such maintenance district(s) by the City. All fees associated with any such maintenance district(s) shall be calculated by the Director of Public Works and shall be based on a proportionate fair share between the owner(s) of the golf course and owner of each residential property, or as otherwise deemed appropriate by the City based on the type of maintenance district formed and the Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 13 of 14 allocation of benefits. Written notice of this condition shall be provided to purchasers of the golf course and purchasers of any individual lot within the development. This condition shall also be included in the CC & R's for the tract. 3. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map Lots A, E, F, G, H, I and K, as public open space. Lot A (West Vista Park) shall be a minimum of 1.5 acres in size. Lot E (West Bluff Preserve) shall be a minimum of 7 acres in size. Lot F (Halfway Point Preserve) shall be a minimum of 3.3 acres in size. Lot G (Coastal Bluff Dedication) shall be a minimum of 24.4 acres in size. Lot H (Halfway Point Park) shall be a minimum of 5.1 acres in size. Lot I (Bluff Top Wildlife Corridor) shall be a minimum of 1.0 acre in size. Lot K (Bluff Top Public Access Corridor) shall be a minimum of 8.9 acres in size. 4. Prior to recordation of the Final Map, the boundary line between Lot A (West Vista Park) and Lot No. 12 shall be modified such that the boundary line is located at the toe of the slope adjacent to the north and east side of the building pad of Lot No. 12. P. RELATED APPLICATIONS 1. The approval is conditioned upon compliance with all conditions of approval for Tentative Parcel Map No. 20970, Conditional Use Permit No. 162 and Grading Application No. 1541, which are incorporated herein by reference and are hereby made a part of this approval. 2. This approval is conditioned upon compliance with all mitigation measures contained in Environmental Impact Report No. 36 and the Mitigation Monitoring Program, which are incorporated herein by reference and are hereby made a part of this approval. Q. COASTAL ZONE RESTRICTION 1. The Final Map shall clearly delineate and label the "Coastal Setback Zone" line as established in the City's Coastal Specific Plan. A note shall be placed on the map stating that no permanent structures (except for structures associated with public amenities or unless as allowed by another project condition of approval) shall be allowed closer than twenty -five (25) feet to the Coastal Setback Zone. This area shall be designated on the final map as a "Building /Grading Restriction" area. All residential lots shown on the Final Map shall provide for a minimum buildable area of 3,000 square feet of contiguous area, exclusive of required setbacks and any portions of the lot located seaward of the Building Grading Restriction Line, or they shall be eliminated from the Final Map. R. MITIGATION MONITORING PROGRAM 1. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the developer. M: WSER= AROLYNMWPWIN60 %OCEANTR%REVCCCOCOND.RVC Resolution No. 96 -73 Exhibit "A ": Vesting Tentative Tract Map No. 50666 Page 14 of 14