CC RES 1996-080RESOLUTION NO. 96 -80
A RESOLUTION OF THE CITY OF RANCHO PALOS
VERDES APPROVING REVISIONS TO CONDITIONAL USE
PERMIT NO. 163 FOR A PUBLIC GOLF COURSE AND
PUBLIC OPEN SPACE IN CONNECTION WITH REVISION
"C" TO THE OCEAN TRAILS PROJECT (VESTING
TENTATIVE MAP NOS. 50666 AND 50667 AND
TENTATIVE PARCEL MAPS NOS. 20970 AND 23004)
AND AMENDING RESOLUTION NO, 96 -76 TO REQUIRE
THE DEVELOPER TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH THE CITY
WHEREAS, in 1992, the City Council of the City of
Rancho Palos Verdes adopted resolutions approving Vesting
Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Maps
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 and an 18 -hole golf course and
public open space in Coastal Subregions 7 and 8 of the City; and
WHEREAS, the City Council has approved subsequent
revisions to the project as memorialized by the resolutions
approving such revisions, the most recent of which occurred on
September 3, 1996; and
WHEREAS, in 1993, The City Council of the City of
Rancho Palos Verdes adopted a golf tax to generate revenues for
the City; and
WHEREAS, the developers who submitted applications to
develop the project did not object to the adoption of the golf
tax or the application of the tax to users of the golf course
which is planned as part of this project; and
WHEREAS, the golf tax is a general tax, and the
revenues from the tax are to be placed in the City's general fund
and are to be used for general city functions; and
WHEREAS, when the City Council adopted the golf tax in
1993, courts had ruled that Proposition 62, which was adopted by
the voters of the State in 1986, was invalid and, accordingly,
that general taxes could be adopted by a city council without
additional voter approval; however, in December, 1995, the
California Supreme Court overturned those earlier decisions,
holding that general taxes require voter approval; and
WHEREAS, the recent decision of the California Supreme
Court has left unresolved a number of issues regarding general
taxes which were imposed after the adoption of Proposition 62 but
prior to the Supreme Court's decision, including the City's golf
tax, and has thereby raised issues concerning the continued
validity of the City's golf tax; and
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WHEREAS, ballot measures or other legislative
enactments could eliminate other funding mechanisms which
historically have been available to the City as sources of
revenues that could be used to maintain the public improvements
which are to be constructed and dedicated to the City as part of
this project; and
WHEREAS, the developers of the project recently
submitted a request to the City to defer the collection of the
golf tax for a period of four years;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Section G of the Conditions of Approval of
Conditional Use Permit No. 163, as set forth in Resolution No.
96 -76, is hereby amended by adding Condition 10 thereto to read
as follows:
10. This approval is conditioned upon the applicant
entering into a Development Agreement, as that term is
defined in Government Code Section 65864 et seq., with
the City of Rancho Palos Verdes ("City"), which is
satisfactory to the City Council and the City Attorney,
not later than July 1, 1997 ("Agreement"). The
purposes of the Agreement are: (1) to guarantee that
the City receives from the developers, or their
successors in interest, fees which are equivalent to
the revenues which were anticipated to have been
generated from the imposition of the City's Golf Tax on
the users of this golf course, if the tax is not
collected by the City or is found to be unenforceable;
and (2) to guarantee that sufficient revenues will be
paid to the City to compensate the City for the cost of
maintaining the public improvements that are to be
constructed and dedicated to the City as part of this
project, to the extent that other revenues from
assessment districts that were to be used for that
purpose are not available to the City. Such
improvements include, but are not limited to, streets,
sidewalks, drainage facilities, parks, trails, bicycle
paths and lanes, and natural open space areas which are
to be used and maintained for the benefit of the
public,-including those open space areas which are to
be included within the Habitat Conservation Plan.
If the Development Agreement imposes financial or other
obligations on the owner or operator of the golf
course, written notice of this condition and the
obligations imposed by the Agreement shall be provided
to any purchaser (s) of the golf course prior to the
close of escrow and to any operator of the golf course
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prior to the execution of any lease or other agreement
to operate the golf course.
PASSED, APPROVED and ADOPTED this 17TH day of
September, 1996.
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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 -80 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on September 17, 1960 i
ITY CLERK
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