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CC RES 1996-075RESOLUTION NO. 96-75 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 "C" TO THE OCEAN TRAILS PROJECT (VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004), 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 49 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. 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, Co 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, Resolution No. 96 -75 Page 2 of 6 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 -249 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 lots 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. 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 Resolution No. 96 -75 Page 3 of 6 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, 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 revisions 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 into this Resolution, by reference, the Final EIR No. 36, the Supplemental EIR, Addenda Nos. 1 29 3 and 4, and Resolution No. 92 -115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein). Section 2: Pursuant to Sections 17.06.030 and 17.56.060 of the Development Code, the City Council, in approving the revisions to Conditional Use Permit No 162 to implement the Residential Planned Development, finds as follows: A. That the proposed 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. With 75 residential units on approximately 77.2 acres, the density is below one dwelling unit per acre and, therefore, consistent with the General Plan. 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 residential use is specifically permitted and the proposed residential density is consistent with the Residential Single Family, One Dwelling Unit Per Acre (RS -1) zoning designation and the requirements of a Residential Planned Development (RPD) special district, as shown on the City's Official Zoning Map. The project provides a minimum of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible to viewing by the general public from public roads and walkways and preserves views to the coast. Resolution No. 96 -75 Page 4 of 6 C. That given the adjacent land uses and -the project's location and design, as modified herein, and conditions imposed through this permit, the 261.4 acre site is adequate in size and configuration to accommodate the proposed uses including a Residential Planned Development, golf course and public open space, and that the Residential Planned Development complies, or is conditioned to be consistent with, the Development Standards contained in Development Code Section 17.06.040. D. That given the adjacent land uses and the project's location and design, as modified herein, and the conditions imposed by Conditional Use Permit No. 163, as revised and attached hereto and incorporated herein by reference, 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 conditions imposed through this permit and -attached hereto as Exhibit "A ", including setbacks, heights, lighting, landscaping, fencing and other 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. 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 implements the RS -1 /RPD designation of the site as shown in the Official Zoning Map, General Plan, and Coastal Specific Plan, while preserving a minimum of thirty (30) percent of each tract as common open space, exclusive of the golf course uses, with public parking, trails, and vista points that will provide public recreational opportunities and preserve public vistas and habitat areas. Section 3: The mitigation measures contained in the revised Mitigation Monitoring Program attached as Exhibit "6" 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 4: 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 revisions to Conditional Use Permit No. 162, subject to: 1) the Conditions of Approval attached in Exhibit W', which are necessary to protect the public health, safety and general welfare; 2) the approval of revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Conditional Use Permit No. 163 and Grading Permit No. 1541; and, 3) approval of draft Addendum No. 5 to Environmental Impact Report No. 36. Resolution No. 96 -75 Page 5 of 6 PASSED, APPROVED, and ADOPTED this 3rd day of September 1996. MAY ATTEST: r fi_ CI CLERI 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. 96- 75 was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 3, 1996. Jo Purcell, Pi Clerk City of Ra o Palos Verdes M:\ USERS\ CAROLYNN \WPWIN60 \OCEANTR \REVC \CCCUP62. RVC Resolution No. 96 -75 Page 6 of 6 RESOLUTION NO. 96-75 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 162 - REVISION "C" CONDITIONS OF APPROVAL FOR A RESIDENTIAL PLANNED DEVELOPMENT GENERAL CONDITIONS A. DEVELOPER AGREEMENT 1. Within thirty (30) days of approval of Revision "C" to the Conditional Use Permit, 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. Approval of the revisions to Conditional Use Permit No. 162 is subject to the approval of revisions to Vesting Tentative Tract Map Nos. 50666 and 50667. 3. In compliance with Fish and Game Code Section 711.4, the developer shall submit to the City a cashier's check payable to the Los Angeles County Clerk in the amount of $850.00 for a filing fee and a cashier's check in the amount of $25.00 for a documentary handling fee within 48 hours of City approval of these permits. The developer shall also pay any fine imposed by the Department of Fish and Game, if required. 4. 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. B. COMPLETION PER APPROVED PLANS 1. The developer shall designate appropriate workable phases (portions of the development to include adjoining clusters of lots, their streets of access, finish grading phases, supporting off -site improvements and on -site drainage and utility improvements) that shall be approved by the Director of Planning, Building and Code Enforcement and the Director of Public Works prior to issuance of grading permits. 2. Any workable phase not under construction which has been scarified through grading operations shall be irrigated and landscaped. Temporary irrigation lines may be approved by the Director of Planning, Building and Code Enforcement. 3. Prior to the issuance of grading permits, the developer shall post a bond, cash deposit, or other City- approved security to guarantee substantial vegetative cover and maintenance of all finish graded lots which have not been sold for development. 4. No building permits shall be issued prior to finish grading within the workable phase of the site in which each lot is located and until the Director of Planning, Building and Code Enforcement has determined that all drainage facilities and common area and off -site improvements in the workable phase of the site and necessary for development of the phase in the approved construction plan and as depicted in the approved construction plan in which the lots or structures are located are completed, to the extent that the lots or structures are accessible and able to support development. 5. All lots within each approved workable phase of the tract shall be graded concurrently. C. PERMIT EXPIRATION AND COMPLETION DEADLINE 1. Pursuant to Development Code Section 17.67.090, this permit shall expire within twenty four (24) months from the date that the Coastal Permit associated with this Conditional Use Permit is approved by the last responsible agency, unless grading permits for the lots within each Vesting Tentative Tract Map have been applied for and are being diligently pursued. Extensions of up to one (1) year each may be granted by the Planning Commission, if requested in writing prior to expiration. 2. If finished grading and construction of the streets and utilities have not been completed and accepted within two (2) years from the date of recordation of each Final Map, Conditional Use Permit No. 162 shall expire and be of no further effect, unless, prior to expiration, a written request for extension pursuant to Section 17.56.080 of the City's Development Code is filed with the Department of Planning, Building and Code Enforcement and is granted by the Planning Commission. Otherwise, a new Conditional Use Permit must be approved prior to further development of the tracts. D. AFFORDABLE HOUSING 1. The developer shall provide a minimum of four (4) dwelling units on -site as rental housing, which is 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). 2. 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. D.1 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. 3. 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 Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 2 of 13 given to persons within very low to :low income levels,, regardless of the location of employment (if employed). E. LANDSCAPING 1. Prior to issuance of grading permits, the developer shall submit a preliminary landscape plan to the Director of Planning, Building and Code Enforcement for review and approval of all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails, which shall include the following: a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right -of -way are not affected and so that solar access to all dwelling units is protected. C. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees ,shall be maintained not to exceed 16 feet in height. d. The re- seeding and re- establishment of natural plant species for all of the disturbed common open space areas. Said plan shall include site specific and non-invasive species, and shall be reviewed and commented on by the project biologist and interested parties, and shall be subject to the approval of the Director of Planning, Building and Code Enforcement. e. Landscaping and irrigation plans for all rough graded surfaces which have been scarified through grading operations. f. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.42.060), as identified in the Development Code. 2. Prior to recordation of the Final Map, the developer shall submit a final landscape and irrigation plan to the Director of Planning, Building and Code Enforcement for review and approval of all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails. The final landscape and irrigation plan shall conform to the California State Model Water Efficient Landscape Ordinance (per State Assembly Bill 325) and shall include the following: a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right -of -way are not affected and so that solar access to all dwelling units is protected. C. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height. d. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.42.060), as identified in the Development Code. e. Irrigation systems shall utilize drip and bubbler systems wherever possible. Controlled spray systems may be used where drip or bubbler systems are not appropriate. All sprinkler heads shall be adjusted to avoid over - spray. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 3of13 f. All high water use areas shall be irrigated separately from drought tolerant areas. g. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. 3. Within 30 days after Final Map approval, or before sale of any individual lot whichever occurs rs first, the developer shall submit to the City a Covenant to Maintain Property to protect for each lot. All fees associated with recording aid cove p g Hants shall be paid by the developer. F. TRACT FENCING PLANS 1. A complete project fencing plan for each tract included in this approval includin public trails habitat areas warning including p ' g 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 firs g g p t. It shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. Said fencing plans shall incorporate the following: a. A 42 inch high pipe rail fence or similar fencing of suitable design shall be placed along he length of the bluff top on the seaward side of the bluff g top pedestrian trail, subject to the review and approval of the Director of Planning, Building and Code Enforcement. It shall be the responsibility of the developer to install this fencing and warning signs a to coincide p pedestrian bicycle trail with the construction of the bluff to edestria g . b. A protective fence around the California gnatcatcher habitat areas and around all wildlife corridors adjacent to residential development, or as otherwise required by the Director of Planning, Building and Code Enforcement shall be installed. Fencing of all enhancement areas shall also be required, subject to the review and approval of the Director of Planning shall satisfy g Building and Code Enforcement. Said fencing tlsfy all requirements of the project biologist, incorporate a method to prevent domesticated animals from entering he habitat areas, include appropriate warning i na a and g g g g shall be black or dark green in color. Temporary fencing shall be installed around the existing wildlife corridors and habitat areas prior to the issuance of grading permits and the permanent fencing shall be installed prior to the sale of any lot within adjacent workable phases. p J p s. C. Vesting Tentative Tract Map No. 50666 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 this 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. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 4 of 13 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 this 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. 2. Chain link or other wire fencing is prohibited on any portion of any lot within the project, except as otherwise required by the project biologist for habitat protection. 3. Within the front and street side setback areas, fences, walls, or hedges up to a maximum of twenty four (24) inches in height shall be permitted. G. TRAILS PLAN IMPLEMENTATION /PUBLIC AMENITIES PLAN 1. Prior to issuance of any grading permit, or prior to recordation of any Final Map, whichever occurs first, the developer shall submit a detailed Public Amenities Plan, including signage, specific design standards and placement for all trails, vista points and parking facilities, and other amenities consistent with the Conceptual Trails Plan, subject to the review of the Recreation and Parks Committee, the Directors of Planning, Building and Code Enforcement, Public Works and Parks and Recreation, and approval by the City Council. The Public Amenities Plan shall be in substantial conformance with the program submitted by the developers and described in the "Ocean Trails Conceptual Public Amenities and Coastal Access Program, Rancho Palos Verdes Subregion 7 ", dated July 1994. 2. The existing remnant from the World War II facilities located at Halfway Point Park shall be preserved as part of the Public Amenities Plan. A plaque commemorating the facility and describing its use shall be placed at the location. 3. Dedication of the public trails and open space lots shall occur at the time any Final Map is recorded. 4. Construction of the public trails and improvements required in the Public Amenities Plan shall be the obligation of the developer. Construction shall coincide with the project grading activity for each approved workable phase within each tract and shall be completed upon acceptance of street improvements within each tract. H. MITIGATION MEASURES 1. The development shall comply with all mitigation measures of Environmental Impact Report No. 36. Where more restrictive language appears in these conditions of approval, the more restrictive language shall control. 2. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the Developer. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 5 of 13 II. DEVELOPMENT OF INDIVIDUAL LOTS NUMBER OF RESIDENTIAL UNITS 1. In addition to the four on -site affordable housing units required in Condition D.1, no more than thirty nine (39) single family residential units shall be permitted in Tract No. 50666 and no more than thirty six (36) single family residential units shall be permitted in Tract 50667. J. PROJECT DESIGN 1. Prior to the issuance of grading permits, a final project site plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval, identifying the location of all lots, streets and other lot improvements including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on Vesting Tentative Tract Map Nos. 50666 dated as revised on July 31, 1996 and Vesting Tentative Tract Map No. 50667, dated as revised on June 19, 1996. 2. All single family residential development shall conform to the specific standards contained in this permit or, if not addressed herein, the RS -1 (RPD) development standards of the Development Code shall apply. 3. Any significant changes in the development characteristics of the Residential Planned Development, including but not limited to the number of dwelling units, street and lot configuration or modifications to the finished contours, shall require that an application for a major revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification and any items reasonably related to the request, and shall be subject to approval by the Planning Commission. Before any minor changes are made to the Residential Planned Development, the Director of Planning, Building and Code Enforcement shall report to the Planning Commission a determination of significance. 4. Developers of individual properties shall participate in any Design Review Committee ( "DRC ") or similar body processes in place at the City at the time development and /or construction plans for each individual residence are submitted to the City for review. 5. No grading or construction of permanent structures on any individual lot shall be allowed closer than twenty -five (25) feet to the Coastal Setback Zone. K. COMMON OPEN SPACE BONDS 1. A minimum of 30% of the acreage of each residential Tract No. 50666 and No. 50667, exclusive of the golf course area, shall remain as common open space. In Tract No. 50666, the lots considered for the purpose of calculating the minimum required common open space are: Lot A (West Vista Park) at 1.5 acres in size; Lot B (Forrestal Canyon) at 5.3 acres in size; Lot D (Portuguese Bend Fire Break) at 1.0 acre in size; Lot C (Forrestal Canyon Fire Break) at 2.4 acres in size; and, Lot J (Palos Verdes Drive South Frontage) at 1.6 acres. In Tract No. 50667, the lots considered for the purpose of calculating the minimum required common open space are: Lot A (La Rotonda Drive Frontage) at 0.6 acres in size; Lot B (Palos Verdes Drive South Frontage) at 3.1 acres in size; Lot C (La Rotonda Canyon) at 4.5 acres in size; Lot D (East Vista Park) at 1.2 acres in size; and, Lot H (East Bluff Preserve Fire Break) at 5.0 acres in size. 2. Prior to recordation of each Final Map or issuance of the grading permit, whichever occurs first, the developer shall post a bond, cash deposit, or other City- approved security to ensure the completion of all common area improvements including: rough grading, landscaping, irrigation, public trails, drainage facilities, and other site features as per approved plans. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 6 of 13 L. CC &Rs r ; 1. Prior to approval of the final map, copies of Covenants, Conditions and Restrictions (CC &R's) shall be submitted to the Director of Planning, Building and Code Enforcement and the City Attorney for review and approval. Said CC &R's shall reflect standards provided in Chapter 17.14 (Homeowners' Association) of the Development Code, including those items identified herein, and any applicable conditions of Vesting Tentative Tract Map Nos. 50666 and 50667. 2. All necessary legal agreements and documents, including Homeowners' Association, deed restrictions, covenants, dedication of common open space and development rights, public easements, and proposed methods of maintenance and perpetuation of all common open space, on -site drainage facilities and any other hydrological improvements shall be submitted and approved by the City Attorney and the Director of Planning, Building and Code Enforcement prior to approval of each Final Map. Said CC &R's shall include, but not be limited to, the following provisions: a. All provisions required by Section 17.14 (Homeowners' Association) of the City's Development Code. b. Membership in the Homeowners' Association shall be inseparable from ownership in the individual lots. C. The "Development Standards and Design Guidelines" for the project which identifies all materials which affect structure appearance and use restrictions, including but not limited to architectural controls, structure and roof materials, exterior finishes, walls /fences, exterior lighting, and the standards of development contained in subsections M through V of this document (Grading, Development Plans for Construction of Individual Residences, Private Lot Open Space, Setbacks, Minimum Open Space Requirements of Individual Residences, Building Facades and Rooflines, Heights, Lighting, and Appliances). A copy of the "Development Standards and Design Guidelines shall be provided by the developer and /or Homeowners' Association to each individual landowner upon purchase of any lot or residence. d. All future residential structures, accessory structures, improvements, and /or landscaping shall be subject to review by the Director of Planning, Building and Code Enforcement and /or "DRC" as described below in Condition N.1 and construction and installations of said structures and improvements shall conform to the City- approved plans. e. Dedicate to the City the right to prohibit construction of residential structures on slopes greater than a 3:1 gradient. f. Exterior residential lighting shall be limited to the standards of Environmental Protection set forth in Section 17.54 of the City Development Code. g. Lot coverage, setback, height and private open space shall comply with the requirements for each residential structure as detailed in these Conditions of Approval. h. Requirements for solar installations shall conform to the Development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.57 of the Development Code. All landscaping (including parkway trees) shall be selected and maintained so that no trees or group of trees obstructs views from the public right -of -way or adjacent properties consistent with City Council policy regarding street trees. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 7of13 j. No landscaping or accessory structure shall block or significantly obstruct solar access to any lot. k. The outlet structures for the on -site drainage improvements shall be preserved and maintained by the City through the establishment of a maintenance district comprised of the members of the Homeowner's Association. A note to this effect shall be placed on each Final Map. Disposal of cuttings of non- native invasive plant species or any ornamental plant species shall be prohibited in common and public open space areas. M. Information detailing covenants prohibiting the developer and any successors in interest of the developer, including but not limited to, any purchaser of an individual lot in this subdivision, from contesting the formation of a maintenance district, referred to in subsection L.2.k. above and in Condition Nos. H.5 and 0.2 of Resolution No. 96 -73 (Vesting Tentative Tract Map No. 50666) and Condition Nos. H.5 and 0.2 of Resolution No. 96 -74 (Vesting Tentative Tract Map No. 50667). n. Identification of all public trail easements for pedestrian and bicycle use. The CC &R's shall also prohibit individually owned structures, accessory structures, fences, walls, hedges, landscaping or any other such obstacle within said trail easements without the written approval from the City Council of the City of Rancho Palos Verdes. 0. The CC &Rs shall prohibit individual landowners from encroaching into the public right -of- way. The CC &Rs shall specify that all costs incurred to remove hardscape /landscape improvements installed by a landowner in violation of the CC &Rs within the public right -of- way shall be borne by the landowner. At the time improvement plans for an individual residence are submitted to the Homeowner's Association (as required in Condition No. N.7 and the City of Rancho Palos Verdes (as required in Condition No. N.1) for review, the homeowner shall sign a disclosure stating that it is understood that encroachments into the public right -of -way are prohibited and all unlawful improvements constructed within the public right -of -way shall be removed solely at the landowner's expense. This requirement does not apply to mailboxes, provided that the mail boxes do not exceed the minimum requirements of the United States Postal Service. 3. Within thirty (30) days following recordation of the CC &R's, the developer shall submit a recorded copy of the document to the Director of Planning, Building and Code Enforcement. M. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Remedial grading, consisting of over - excavation and recompaction for geologic stability which will not alter the contours shown on the approved tract grading plan shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. In addition, grading of up to 1,000 cubic yards for residential use of an individual lot shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. Grading in excess of 1,000 cubic yards, or grading to alter the finished pad elevations shall require approval by the Planning Commission. 2. No construction and /or grading on individual lots, shall be permitted on 3:1 or greater slopes. 3. All retaining walls shall be subject to review and approval by the Director of Planning, Building and Code Enforcement with subsequent reporting to the Planning Commission, if required, for review and approval pursuant to Section 17.50 of the City Development Code. 4. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907 -i. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 8of13 5. All residential building pad elevations,shall substantiaPy, conform to the final grading plan for the Final Map in which the lot is located, as approved by the Director of Planning, Building and Code Enforcement. Future landowners are prohibited from raising or lowering the approved building pad elevations, except for excavations to accommodate completely subterranean areas (such as basements, wine cellars and storage areas), as provided for by the Development Code. Within 30 days after Final Map approval, or before sale of any individual lot, whichever occurs first, the developer shall submit to the City a "Covenant to Control Building Pad Elevation" for each residential lot, according to the pad elevations specified on the approved final grading plan. All fees associated with recording said covenants shall be paid by the developer. N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Prior to issuance of any grading or construction permits for individual lots subsequent to the completion of finished pads, final improvement plans for the particular lot and structure shall be submitted to the Director of Planning, Building and Code Enforcement and /or Design Review Committee ( "DRC ") or similar body as described below in Condition N.5 for review and approval. Said plans shall include, but are not limited to, plot plan, section and elevation drawings, floor plan, grading and exterior lighting plan. The plot plan shall clearly show existing and proposed topography, all proposed structures, all easements and setbacks. The section and elevation drawings shall clearly indicate maximum proposed height and ridge elevation for all structures, fences, walls, accessory structures, and equipment. 2. Unless otherwise specified in these conditions of approval, all structures and development on individual lots shall comply with RS -1 (RPD) development standards. 3. All fencing along interior side and front property lines, if not otherwise addressed in Sections F.1, F.2, and F.3 above, shall conform with Section 17.42 of the Rancho Palos Verdes Development Code. 4. Chain link or other wire fence is prohibited on any portion of any lot, except as otherwise required by project biologist for habitat protection. 5. Developer's of individual properties shall participate in any Design Review Committee ( "DRC ") or similar body processes in place at the City at the time development and construction plans for each individual residence are submitted. 6. Development and construction plans for each individual residence shall comply with the standards and conditions set forth in the "Development Standards and Design Guidelines" for the tract and shall be incorporated within the CC &R's for each tract and attached hereto by reference as Exhibit "B" and hereby included as a condition of approval. The final version of the "Development Standards and Design Guidelines" shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to the recordation of the CC &Rs. Requests for approval of individual residences shall be reviewed for compliance with said conditions and "Development Standards and Design Guidelines" by the Director of Planning, Building and Code Enforcement and /or any Design Review Committee ( "DRC ") in place at the time development applications for individual residences are submitted. 7. Upon submittal of proposed development and construction plans for each individual residence to the Director of Planning, Building and Code Enforcement as described above in Condition N.1, individual properly owners shall provide written approval of the proposed development obtained from the established Homeowner's Association or any Homeowner's Association Architectural Committee. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 9 of 13 O. PRIVATE LOT OPEN SPACE 1. Each residential lot shall provide a private outdoor living area in an amount not less than four hundred (400) square feet for each bedroom in the unit. This area shall be adjacent to and provide a private, usable area for each dwelling unit. P. SETBACKS 1. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50666: a. The minimum front yard setback for all structures on an individual lot shall be thirty -five (35) feet. b. The minimum street side setback on all lots shall be twenty (20) feet. C. On lots with a minimum lot size less than 20,000 square feet (Lot Nos. 24, 29 and 32 through 40), the minimum interior side yard setback shall be ten (10) feet on one side, with a minimum total of thirty (30) feet on both sides. d. On lots with a minimum lot size between 20,000 and 24,999 square feet (Lots Nos. 1, 21 69 13, 149 20, 22, 237 25 through 28, 30 and 31), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of thirty five (35) feet on both sides. e. On lots with a minimum lot size of 25,000 or greater (Lot Nos. 3 through 5, 7 through 12, 15 through 19 and 21), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of forty (40) feet on both sides. f. The minimum rear yard setback for all structures on an individual lot shall be thirty -five (35) feet. 2. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50667: a. Except for Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be thirty -five (35) feet. On Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be twenty -five (25) feet. b. The minimum street side setback on all lots shall be twenty (20) feet. C. On lots with a minimum lot size less than 20,000 square feet (Lot Nos. 2 -16, 18, 19, 22, 23, 29, 30, 33, 34 and 36), the minimum interior side yard setback shall be ten (10) feet on one side, with a minimum total of thirty (30) feet on both sides. d. On lots with a minimum lot size between 20,000 and 24,999 square feet (Lot Nos. 20, 21, 24, 26 -28, 31, 32 and 35), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of thirty five (35) feet on both sides. e. On lots with a minimum lot size of 25,000 (Lot Nos. 1, 17 and 25), the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of forty (40) feet on both sides. f. Except for Lot Nos. 7 through 16, 187 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be thirty -five (35) feet. On Lot Nos. 7 through 16, 18, 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be twenty -five (25) feet. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 10 of 13 3. Any other architectural features or appurtenances, shall conform to Section 17.40.030 (E) of the Rancho Palos Verdes Development Code. 4. Except for driveways, walkways and parking areas, all of the required front and street -side setback areas shall be landscaped. Driveways, walkways, and parking areas shall not cover more than fifty (50) percent of the required front or street side setback areas. "Turf- block" or landscaped areas that are designed to be driven or parked over (such as grass strips between paved strips) shall be counted as a driveway or parking area for the purpose of calculating landscaping in the front or street side setback area. 5. Except as described below in Condition P.6, no minor or accessory structures, including but not limited to pool equipment and trash enclosures, shall be permitted within any required setback area. 6. Trash enclosures and other minor equipment may be permitted within any interior side yard setback area adjacent to the structure, subject to review and approval of a Minor Exception Permit. Q. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES 1. The minimum open space requirement for all lots shall not be less than 60 percent of the lot. Lot coverage shall include the building footprint, driveway and parking area, covered patios, covered walkways, and other accessory structures. 2. In addition, the following limitations apply to habitable area of each structure, dependent on the size of the lot on which the structure is located: LOT SIZE MAXIMUM MAXIMUM (RANGE) HABITABLE SPACE HABITABLE SPACE SQUARE FOOTAGE (RANGE) less than 20,000 SQUARE FEET 30% 6,000 SQUARE FEET 209000 - 24,999 SQUARE FEET 30% 7,500 SQUARE FEET 25,000 SQUARE FEET OR GREATER 30% 10,000 SQUARE FEET NOTES: a. Lot sizes are based on calculated gross square footage. b. Maximum Habitable Space includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non - habitable basements per the Building Code. C. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 11 of 13 3. Requests to modify the permitted habitable square footage per lot size category are subject to a Revision to Conditional Use Permit No. 162. R. BUILDING FACADES AND ROOFLINES 1. In order to avoid solid, two story facades on any structure, no unbroken, vertical two -story facades shall be allowed on the front and rear elevations of the residences. The upper level shall be a minimum of twenty (20) percent smaller than the footprint of the structure. In no case should the setback area on the upper level be less than six (6) feet. This area shall be setback from the lower level on both the front and rear elevation of each structure. The setback may only be used as a roof area or an uncovered deck or balcony. 2. The roof of the main structure on each residence shall have a pitch of at least 2 in 12, except where it is necessary to have small areas with less pitch in order to comply with Building Code criteria. 3. On Lot Nos. 13 through 21 within Vesting Tentative Tract No. 50666, the main ridge of the structure shall be parallel to the side property line and generally perpendicular to Palos Verdes Drive South. 4. On Lot Nos. 24, 25, 35 and 36 within Vesting Tentative Tract No. 50667, the main ridge of the structure shall be perpendicular to Palos Verdes Drive South. 5. Roofing materials shall be Class A and non - combustible. S. HEIGHTS 1. For purposes of identifying lot types and approved heights for all primary structures within Vesting Tentative Tract Map No. 50666, Lot 1 and Lot Nos. 9 through 39 are designated as Lot Type A. and Lot Nos. 2 through 8 are designated Lot Type C. 2. For purposes of identifying lot types and approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 1 through 13, 24 and 25 are designated as Lot Type A. Lot Nos. 14 though 23, and 26 through 36 are designated Lot Type C. 3. Building heights for all residential structures are limited as follows: Lot Type A: 16 feet Lot Type C: 26 feet 4. All heights shall be measured pursuant to Section 17.02.040 of the Development Code (View Preservation and Restoration Ordinance). 5. The height of all accessory structures shall conform to Section 17.40.050 (C) of the Rancho Palos Verdes Development Code. 6. The subsequent submittal of a Conditional Use Permit Revision to increase the maximum building heights to exceed those specified in Condition S.3 above shall be prohibited. Within 30 days after Final Map approval, or before sale of any individual lot, whichever occurs first, the developer shall submit to the City a "Covenant to Limit Maximum Building Height" for each residential lot, according to the height limits specified in Condition S.3. All fees associated with recording said covenants shall be paid by the developer. Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 12 of 13 T. SOLAR SYSTEM 1. All dwelling units shall be designed and constructed so that the plumbing and circulation system will allow utilization of solar energy as part of the hybrid system for providing hot water. Solar panels shall not exceed the ridge line of the structure on which they are placed. 2. All proposed solar installation shall be reviewed by the Director of Planning, Building and Code Enforcement for consistency with the provisions of the Development Code. U. LIGHTING 1. Exterior residential lighting shall be limited to the standards of Section 17.54.030 of the Development Code. 2. A typical residential unit lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to issuance of building permits, and there shall be no direct off -site illumination from any light source. V. APPLIANCES 1. All units shall be required to install and maintain in proper working order an electronic garage door opener for each garage door. 2. All units shall be required to install and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads. M:\USERS\CAROLYNN\WPWIN60\OCEANTR\REVC\CC162CON.RVC Resolution No. 96 -75 Exhibit "A ": Conditional Use Permit No. 162 Page 13 of 13