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CC RES 1996-017RESOLUTION NO. 96-17 A RESOLUTION OF THE CITY COUNCIL 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 ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004, LOCATED IN COASTAL SUBREGIONS 7 AND 8, WHICH COMPRISE THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 93 -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. In addition, on November 5, 1993, the Coastal Commission adopted revised and expanded findings in conjunction with the project; 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 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 certain revisions 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 amendments to the permit, subject to revised conditions of approval; and, WHEREAS, on October 23, 1995, 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, inclusion of the 8.5 acre vacant Loma del Mar School Site into the golf course; relocation of the golf course clubhouse to accommodate a reconfiguration of the public parking facilities into two separate lots located on either side of the structure; realignment of Paseo del Mar to accommodate the re- configuration of the clubhouse and parking facilities; and, amendments to the public trails to be consistent with the California Coastal Commission conditions of approval. WHEREAS, on December 12, 1995, after notice issued pursuant to the provisions of the Development Code, the Planning Commission held a public hearing to consider draft Addendum No. 4 to Environmental Impact Report No. 36 and the proposed Revisions 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. 95 -47, 95 -48 and 95- 49 recommending approval of Addendum No. 4 to EIR No. 36 and revisions to Vesting Tentative Tract Map No. 50666 to City Council, and approved revisions to Conditional Use Permit No. 163; and, WHEREAS, on March 8, 1996, copies of the draft Addendum No. 4 to Environmental Impact Report No. 36 were distributed to the City Council and prior to taking action on the proposed Revisions to the Ocean Trails project, the City Council independently reviewed and considered the information and findings contained in draft Addendum No. 4 to EIR No. 36 and determined that the document was prepared in compliance with the requirements of the California Environmental Quality Act and local guidelines, with respect thereto; and, WHEREAS, on March 11, 1996, after notice issued pursuant to the provisions of the Development code, the City Council held a public hearing to consider draft Addendum No. 4 to Environmental Impact Report No. 36 and the proposed Revisions to the Ocean Trails project, at which time all interested parties were given an opportunity to be heard and to 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. 4 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 modification to the configuration of the golf course clubhouse, parking facilities, Paseo del Mar roadway and public trails in the area north of Half Way Point Park would not adversely impact circulation in the area, nor public access to the coastline and recreational amenities, since vehicular access would still be available through the driveway and parking lot at the golf course clubhouse and the public trails would still connect along the south side of the clubhouse. The relocation of the golf course clubhouse 80 feet to the west of its currently approved location would increase the physical and visual connection between Paseo del Mar and Half Way Point Park and would not adversely impact the views over the site Resolution No. 96 -17 Page 2of5 from Palos Verdes Drive South and the surrounding single family residential areas. In addition, the elimination of the bicycle use on the trail along the slide scarp to the north of Golf Hole No. 18 would not significantly effect the availability of bicycle trails through the site, since bicycle access would still be available within the Bluff Top Public Access Corridor, elimination of the bicycle use on this trail would reduce the conflict between multiple users of this trail (golf cart and sewer maintenance) and would make the City's trail requirements consistent with those of the California Coastal Commission. Therefore, based on the review of Draft Addendum No. 4 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 recommends that the City Council incorporate, by reference, the Final EIR No. 36, the Supplemental EIR, Addendum Nos. 1, 2 and 3, and Resolution No. 92 -115 (which includes, without limitation, the detailed statement of overriding considerations set forth therein). Section 2: Pursuant to Section 17.56.060 of the Development Code, the City Council, in approving the revisions to Conditional Use Permit No. 163 for the public golf course and related uses, finds as follows: A. That the golf course and related uses are consistent with the General Plan and its objectives. The General Plan land use map designates almost the entire project site as Residential, with a maximum density of one dwelling unit per acre, and shows the coastal bluffs as hazard areas. The General Plan provides for additional commercial recreational uses within the City as appropriate to a particular location, including golf, equestrian, tennis and other recreational activities, and designates the City's entire coastal area as a specific plan district. Further, that the project complies with the criteria set forth in the General Plan for the Natural, Socio /Cultural and Urban Overlay Control Districts on the site. As conditioned, the project preserves natural drainage courses and significant geologic, biologic and hydrologic features in compliance with the Natural Overlay Control District, protects areas that have significant historical, archeological or cultural importance in compliance with the Socio /Cultural District and preserves, protects and enhances public views and vistas in compliance with the Urban Overlay Control District. B. That the proposed golf course use is consistent with the City's Development Code as a conditionally permitted use in any district when deemed to be necessary or desirable for the public convenience or welfare and when the use is not contrary to the General Plan or its objectives or contrary to the Coastal Specific Plan or its objectives and requirements. Public recreational uses, such as a golf course, are encouraged by policies of the Coastal Specific Plan and General Plan. A public golf course is necessary and desirable in that it will provide a cash surplus to the City, it will add to the views from adjacent properties and from Palos Verdes Drive South, it will permit expanded public access to the coast. Further, as current demand for golf tee times greatly exceeds supply for existing public golf courses on the Peninsula, many peninsula and City residents must travel great distances to golf. The City Council hereby finds that the proposed golf course is necessary and desirable for the public convenience and welfare and, as set forth in sections 2(A) & (B) above, it is not contrary to either the General Plan or the Coastal Specific Plan. Resolution No. 96 -17 Page 3of5 C. That given the adjacent land uses and the project's location and design, as modified herein, and recommended conditions imposed through this permit, the 261.4 acre site is adequate in size and configuration to accommodate the proposed uses including a Residential Planned Development and golf course. D. That given the adjacent land uses and the project's location and design, as modified herein, and the recommended conditions imposed by Conditional Use Permit No. 163, attached hereto as Exhibit "A ", the site is adequate in lot size and configuration to accommodate the golf course, clubhouse and related facilities. E. That the site is served by Palos Verdes Drive South which is an improved street designed to carry the type and quantity of traffic that would be generated by the proposed project. F. That, given the site location, project design, and recommended conditions imposed through this permit and attached hereto as Exhibit "A ", including setbacks, heights, lighting, landscaping, fencing, hours of operation, and other recommended conditions, the proposed use will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger, or otherwise constitute a menace to the public health, safety, and welfare of persons in the surrounding area. G. That the re- orientation of the service doors for the golf course maintenance facility, away from the residences to the north in the Sea Cliff Hills tract and away from the condominiums to the southeast in the Ocean Terraces complex, and the inclusion of a solid block wall around the facility is intended to further reduce the insignificant noise impacts to these adjacent uses that were previously identified and analyzed in Environmental Impact Report No. 36. H. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. In recommending approval, the City Council finds that the social, recreational, and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. The project provides visitor - serving uses in the coastal zone and, as a floating commercial use, the proposed golf course complies with permitted uses in the RS -1 /RPD and zone as shown in the Official Zoning Map, and with permitted single family residential uses as designated in the General Plan, and Coastal Specific Plan, while preserving and enhancing habitat areas and providing passive and active recreational uses with a bluff road, public parking, trails, and vista points that will provide public recreational opportunities and preserve public vistas. Section 4: All mitigation measures required in Environmental Impact Report No. 36, the Supplement to EIR No. 36 and Addendum Nos. 1, 2 and 3 to EIR No. 36 are hereby incorporated by reference into the recommended conditions of approval for the approval of revisions to Conditional Use Permit No. 163. Section 5: 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. 163, 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. 50666; 3) approval of draft Addendum No. 4 to Environmental Impact Report No. 36; and, 4) approval of any amendments to the Coastal Development issued by the California Coastal Commission. Resolution No. 96 -17 Page 4 of 5 PASSED, APPROVED, and ADOPTED this 11th day of March 1996. MAY R ATTEST: r` CI CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 96- 17 was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 11, 1996. r Jo Purcell,,�d' Clerk City of Ra `c o Palos Verdes M: WSERS% CAROLYNMWPWINSWCEANTRIOTCUP63 .96 Resolution No. 96 -17 Page 5 of 5 "EXHIBIT A" CONDITIONS OF APPROVAL FOR GOLF COURSE DEVELOPMENT CONDITIONAL USE PERMIT NO. 163 A. DEVELOPER AGREEMENT 1. Within thirty (30) days of approval of 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. The developer shall fund an alternative water source study in an amount not to exceed fifty thousand (50,000) dollars. The purpose of the study shall be to investigate the feasibility of developing various alternative water sources for support of the golf course and related facilities including such alternatives as desalinization, reverse osmosis and other similar technologies, water reclamation, use of de- watering wells, etc. 3. If the current drought conditions continue, or if for any other reason the availability of water continues to be scarce, the developer or its successor in interest shall contribute its proportionate share of the cost of developing new water sources for the City, including off -site development. The City or other responsible agency shall determine the amount of the proportionate share by conducting the necessary studies. 4. Approval of this Conditional Use Permit 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. PERMIT EXPIRATION 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 approval, unless a grading permit for the golf course and building permits for the clubhouse structure 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 rough grading for the golf course and construction to the point of foundation inspection for the clubhouse structure has not been completed within twenty four (24) months from the date of building permit issuance, the Conditional Use Permit shall expire and be of no further effect, unless, prior to expiration, a written request for extension is filed with the Director 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. C. GOLF COURSE CLUBHOUSE 1. The golf clubhouse shall be located west of the terminus of Street "A" (Paseo Del Mar extension), in the area generally described as east of Forrestal Canyon, south of the single family Lot Nos. 6, 7, and 8 located on Street "B ", and north of Half Way Point Park, as shown on "Site Plan for Conditional Use Permit Amended Map No. 1," dated November 22, 1995, prepared by Robert Bein Frost and Associates, and dated as received by the City on November 27, 1995. No portion of the golf course clubhouse shall be located in areas currently zoned Open Space Hazard (OH). A minimum factor of safety of 1.5 shall be demonstrated for the clubhouse structure. If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, including but not limited to de- watering wells, or if the clubhouse location is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council prior to recordation of any Final Map. 2. The size, height, design and placement of the clubhouse shall substantially conform to the plans reviewed by the Planning Commission which are entitled "Ocean Trails Clubhouse" (site plan, upper floor level, lower floor level and elevations), prepared by Klages Carter Vail and Partners, dated May 1, 1994 and dated as received by the City on August 5, 1994. Prior to issuance of grading permits, the final clubhouse design shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement. As part of the final review, the Director may approve up to a 20% increase in the square footage of the building and up to a 10% increase in the footprint of the building. The developer of the clubhouse shall be required to participate in any Design Review Committee ( "DRC ") or similar body processes in place at the City at the time development and construction plans for the clubhouse are submitted. 3. The public rest rooms on the lower level of the clubhouse shall be increased in size to include a minimum of four (4) water closets in the women's facility and one (1) water closet and two (2) urinals in the men's facility. The design, orientation and signage of this facility shall clearly encourage use by the public visiting the adjacent park and access trails. The final design of the public rest rooms shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement. 4. The height of the clubhouse shall conform to the requirements of Variance No. 380, as specific in Resolution No. 94 -77. D. AFFORDABLE HOUSING 1. 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). Resolution No. 96 -17 Exhibit "A" Page 2 of 12 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 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 on -site affordable dwelling units required in Condition C.1 above shall be located in an area of the site which demonstrates a minimum factor of safety of 1.5. Additionally, no portion of the affordable dwelling units shall be located in areas currently zoned Open Space Hazard (OH). 4. 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 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). 5. The on -site affordable housing units shall be located near the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, provided that mechanical methods including, but not limited to de watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the affordable housing units. Additionally, no portion of the affordable housing units shall be located in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, or if the location of the affordable housing complex is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council prior to recordation of any Final Map. 6. The size, height, design and placement of the affordable housing complex shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails Clubhouse" (site plan, floor plans and elevations), prepared by Klages Carter Vail and Partners, dated May 1, 1994 and dated as received by the City on August 5, 1994. However, the required parking shall be modified to include a minimum of eight (8) enclosed garage spaces, pursuant to Condition D.1 above. Prior to issuance of grading permits, the final design of the affordable housing complex shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement. The developer of the affordable housing complex shall be required to participate in any Design Review Committee ( "DRC ") or similar body processes in place at the City at the time development and construction plans for the affordable housing units are submitted. Resolution No. 96 -17 Exhibit "A" Page 3of12 7. The unenclosed guest parking spaces associated with the affordable housing complex shall be designed in such a manner as to blend with the single family residential appearance of the complex. Prior to the issuance of grading permits, the final design of the guest parking spaces shall be submitted for review and approval of the Director of Planning, Building and Code Enforcement. E. GOLF COURSE MAINTENANCE FACILITY 1. The golf course maintenance facility shall be located near the southeast intersection of Palos Verdes Drive South and Paseo Del Mar and the affordable housing complex, provided that mechanical methods including, but not limited to de- watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the maintenance structure. Additionally, no portion of the golf course maintenance structure shall be located in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, or if the location of the golf course maintenance facility is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council prior to recordation of any Final Map. 2. The size, height, design and placement of the golf course maintenance facility shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails Clubhouse" (site plan, floor plans and elevations), prepared by Klages Carter Vail and Partners, dated May 1, 1994 and dated as received by the City on August 5, 1994. Prior to issuance of grading permits, the final design of the maintenance facility shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement. The developer of the golf course maintenance facility shall be required to participate in any Design Review Committee ( "DRC ") or similar body processes in place at the City at the time development and construction plans for the facility are submitted. 3. In addition to the requirements set forth in Condition E.2 above, the orientation of the golf course maintenance facility shall be rotated by approximately 90 degrees, so that the roll -up doors to the service and equipment storage area are facing the golf course, away from the residential areas to the north across Palos Verdes Drive South and the Ocean Terraces condominium complex to the southeast. The final orientation of the structure shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement. 4. The golf course maintenance facility shall be enclosed by a maximum six (6) foot high, decorative block wall. The final location of the wall shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement. F. DESIGN OF THE GOLF COURSE 1. The design and layout of the 18 hole golf course shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Site Plan for Conditional Use Permit Amended Map No. 1," dated November 22, 1995, prepared by Robert Bein Frost and Associates, and dated as received by the City on November 27, 1995. Prior to issuance of grading permits, the final design of the golf course shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement, identifying the layout of the golf course holes and other improvements, including drainage structures, utility easements, public trails and beach access. Wherever possible, the final design of the golf course shall minimize any conflict between the use of the golf holes and the public trails. Resolution No. 96 -17 Exhibit "A" Page 4 of 12 2. Any changes in the project which results in significant changes in the development characteristics of the approved conceptual plan per Condition F.1 above, shall require that an application for a revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification of 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 development, the Director of Planning, Building and Code Enforcement shall report to the Planning Commission a determination of significance. 3. Prior to issuance of any grading permit, the developer shall submit a final 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 and subject to the review of the Recreation and Parks Committee, the Director of Planning, Building and Code Enforcement, the Director of Public Works, and the Director of Parks and Recreation, and approval by the City Council. The public amenities plan shall be in substantial conformance with the program described in the "Ocean Trails Conceptual Public Amenities and Coastal Access Program for Rancho Palos Verdes Subregion 7 ", dated July 1994 and dated as received by the City on July 22, 1994. 4. Any additional acreage needed to increase the size or area for the golf course and related uses shall be obtained by reducing the acreage currently designated for residential purposes within Tract 50666, Tract 50667, or a combination thereof, provided a minimum of thirty (30) percent of the area within each tract remains for Common Open Space. Any additional acreage needed to increase the area of the golf course shall not result in a reduction in the acreage of land to be dedicated or restricted for public open space uses as shown on the approved Ocean Trails Plan. 5. Any artificial water features (water hazards, fountains, artificial lakes, etc.) associated with the golf course are subject to review and approval by the Director of Planning, Building and Code Enforcement. Such features shall be permitted, subject to the conditions that they be lined to prevent percolation of water into the soil and are charged with reclaimed and appropriately treated water when available from related uses after such features are initially established. The reclaimed water stored in any artificial water features shall be used to supplement the irrigation systems required to maintain the golf course. The operation of the water features and reclaimed water shall be subject to all applicable health code requirements. If there are any violations in this conditions of approval, or if such features create a public nuisance at any time (visual appearance, odor, etc.). approval of such features may be revoked through a public hearing before the Planning Commission, where mitigation including draining, filling, and re- landscaping may be imposed. 6. Any accessory structures associated with the golf course, including but not limited to a snack shop, convenience and comfort facilities, or similar structures, shall not exceed sixteen (16) feet in height unless a minor revision to the Conditional Use Permit and a Variance are granted by the Planning Commission. G. OPERATION OF THE GOLF COURSE 1. Approval of this Conditional Use Permit is contingent upon the concurrent and continuous operation of the primary components of the project, which are the golf course and clubhouse. If either use is discontinued, this Conditional Use Permit will be null and void. If the landowner or the landowner's successor in interest seeks to change the uses which have been designated, the landowner must file an application for a major modification of the Conditional Use Permit with the City. At that time, the Planning Commission may impose such conditions as it deems necessary upon the proposed use and may consider all issues relevant to the proposed change of use, including, but not limited to, whether the entire Conditional Use Permit should be revoked. Resolution No. 96 -17 Exhibit "A" Page 5of12 2. The hours of operation of the clubhouse may be limited by the City Council based on the determination that excessive sound is audible from surrounding residential properties. 3. Deliveries utilizing vehicles over forty (40) feet in length shall be limited to the hours of 5:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 9:00 p.m. on Saturday and Sunday. Other vehicles shall be allowed to make deliveries 24 hours a day. 4. The use of air (leaf) blowers and gardening equipment shall not occur before 8:00 a.m. or after 5:00 p.m. Monday through Friday or before 9:00 a.m. or after 4:00 p.m. on Saturday. Use of such equipment is prohibited on Sunday or national holidays. 5. No on -site repair or delivery of equipment and /or materials shall be permitted before 7:00 a.m. or after 4:00 p.m., except for repair of golf course equipment within enclosed structures. 6. Prior to issuance of grading permits, the developer shall submit a green waste management and recycling program for review and approval by the Directors of Planning, Building and Code Enforcement and Public Works. 7. The operator of the golf facilities shall participate in the City's recycling program. 8. The City hereby reserves the right to increase the golf tax established by Ordinance No. 291 on the golf course use to which the developer and any successors in interest to the developer and any owner(s) and /or operator(s) of the golf course shall not object. Written notice of this condition shall be provided to any purchaser(s) and /or operator(s) of the golf course. 9. Any future heliport proposed with this development shall be subject to a new and separate Conditional Use Permit. No heliport is permitted with this approval. H. MISCELLANEOUS DESIGN STANDARDS 1. All golf course signage, including trail signage, shall be subject to a sign permit and subsequent review and approval by the Director of Planning, Building and Code Enforcement. 2. All trash enclosure walls shall be a maximum of 6 feet in height and designed to accommodate recycling bins and shall have solid, self closing gates and be integrated into the building design. 3. All utilities exclusively serving the site shall be provided underground, including cable television, telephone, electrical, gas, and water. All appropriate permits shall be obtained for their installation. Cable television, if utilized, shall be connected to the nearest trunk line at the developer's expense. 4. No roof mounted mechanical equipment, vents, or ducts, shall be permitted. All other mechanical equipment shall be screened and /or covered as necessary to reduce their visibility from public rights -of -way or adjacent properties. Any necessary screening and covering shall be architecturally harmonious with the materials and colors of the buildings. Use of satellite dish antennae shall be subject to the conditions and requirements of Sections 17.41.140 through 17.41.210 of the Rancho Palos Verdes Development Code. 5. Mechanical equipment shall be housed in enclosures designed to attenuate noise to a level of 45 dBA at the property lines. Mechanical equipment for food service shall incorporate filtration systems to eliminate exhaust odors. Resolution No. 96 -17 Exhibit "A" Page 6 of 12 6. No gates or other devices shall be permitted which limit direct access to the site. No freestanding fences, walls, or hedges shall be allowed, unless part of the fencing plan reviewed and approved by the Director of Planning, Building and Code Enforcement as required by Condition No. F.1. 7. All retaining walls are subject to review and approval by the Director of Planning, Building and Code Enforcement. Unless otherwise provided, retaining walls shall conform to the criteria established in Section 17.50 of the Rancho Palos Verdes Development Code. I. PARKING 1. Prior to the issuance of any grading permit, the developer shall submit a final parking plan reflecting the parking design for the approved project, including calculations for the number of parking spaces required for the golf course, clubhouse and ancillary uses, and any on -site dining facilities. The parking plan shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. Requests for extensions may be granted by the Director of Planning, Building and Code Enforcement for up to one hundred eighty (180) days. 2. A minimum of one hundred fifty (150) parking spaces shall be constructed in a lot on the west side of the clubhouse, as designated in the parking plan, for golf course, clubhouse and public use. A minimum of forty five (45) parking spaces shall be constructed in a lot on the east side of the clubhouse, as designated in the parking plan, for public use only during daylight hours and clubhouse use after dusk. A minimum of seventy five (75) overflow parking spaces and a minimum of twenty five (25) employee parking spaces shall be constructed in a lot adjacent to the golf course maintenance facility, as designated in the parking plan, for golf course, clubhouse and public use. 3. All parking areas shall be designed to mitigate or eliminate non - aesthetic noise and views which may impact surrounding single family and multi - family residences, subject to the review and approval of the Director of Planning, Building and Code Enforcement. J. LIGHTING 1. Exterior lighting shall be limited to the Standards of Section 17.54.030 of the Development Code. 2. Prior to issuance of building permits, a lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval and there shall be no direct off -site illumination from any light source. 3. Parking and security lighting shall be kept to minimum safety standards and shall conform to all applicable City requirements. Fixtures shall be shielded to prevent lighting from illuminating on or towards other properties; there shall be no spill -over onto residential properties. A trial period of six (6) months from issuance of certificate of occupancy for assessment of exterior lighting impacts shall be instituted. At the end of the 6 month period, the City may require additional screening or reduction in intensity of any light which has been determined to be excessively bright. 4. No golf course lighting shall be allowed. Resolution No. 96 -17 Exhibit "A" Page 7 of 12 K. LANDSCAPING 1. Prior to issuance of grading permits, the developer shall submit a final landscape and irrigation p lan to the Director of Planning, Building and Code Enforcement for review and approval of the clubhouse, golf course and appurtenant structures, parking lot, and all open space areas within the boundaries of the parcel maps and /or tract maps, roadway medians and public trails. The final landscape and irrigation plan shall conform to 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 the project area shall be planted in such a manner so that views from adjacent properties and any public right -of -way are not affected. 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 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. g. 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. h. All high water use areas shall be irrigated separately from drought tolerant areas. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. j. Where practical, transitional landscaping on graded slopes shall screen the project's night lighting as seen from surrounding areas. 2. Within 30 days after Final Map approval, or prior to issuance of building permits, whichever occurs first, the developer shall submit to the City a Covenant to Maintain Property to protect views. All fees associated with recording said covenant shall be paid by the developer. Resolution No. 96 -17 Exhibit "A" Page 8of12 L. FENCING PLANS 1. A complete project fencing plan (including public trails, habitat areas, warning signage, and proposed fence and wall details) shall be approved by the Director of Planning, Building and Code Enforcement and /or the Design Review Committee ( "DRC ") or similar body if established, prior to issuance of grading permits or recordation of the Final Map, whichever occurs first. 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 the length of the bluff top on the seaward side of the bluff 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 signage to coincide with the construction of the bluff top pedestrian and bicycle trail. 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, Building and Code Enforcement. Said fencing shall satisfy all requirements of the project biologist, incorporate a method to prevent domesticated animals from entering the habitat areas, include appropriate warning signage, and 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. C. Protective fencing along all trails and open space areas where there is a potential conflict between golf course uses and public access uses. The required location(s) of said fencing shall be determined at the time the final golf course layout is reviewed and approved by the Planning Commission. M. ARCHEOLOGY AND PALEONTOLOGY 1. A qualified archaeologist shall make frequent inspections during the rough grading operation to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be stopped and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Planning, Building and Code Enforcement immediately. All archaeological finds shall be first offered to the City for preservation. 2. A qualified paleontologist shall be present during all rough grading operations. If paleontological resources are found, all work in the affected area shall be stopped and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Planning, Building and Code Enforcement immediately. All paleontological finds shall be first offered to the City for preservation. N. BIOLOGY 1. Prior to issuance of grading permits, or prior to final of any map, whichever occurs first, the developer shall submit a Final Biological Resources Preservation Plan /Habitat Preservation Plan ( "BRPP /HPP ") for review and comment by local wildlife and habitat preservation groups, and subject to approval by the Planning Commission. Resolution No. 96 -17 Exhibit "A" Page 9 of 12 2. 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 Biological Resources Preservation Plan as described in Condition L.1 above. O. WATER 1. Prior to issuance of grading permits, the developer must submit a labor and materials bond in addition to either: a. An agreement and faithful performance bond in the amount estimated by the City Engineer and guaranteeing the installation of the water system; or b. An agreement and other evidence satisfactory to the City Engineer indicating that the developer has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility a security guaranteeing payment for the installation of the water system. 2. There shall be filed with the City Engineer a statement from the purveyor indicating that the Y g 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 development. 3. There shall be filed with the City Engineer an unqualified "will serve" statement from the purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six months prior to issuance of building permits for the clubhouse. Should the developer receive a gualified "will serve" statement from the purveyor, the City shall retain the right to require the developer to use an alternative water source, subject to the review and approval of the City, or the City shall determine that the conditions of the project approval have not been satisfied. 4. The development shall be served by adequately sized water system facilities which shall include fire hydrants of the size, 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 development. Domestic flow requirements shall be determined by the City Engineer. Fire flow requirements shall be determined by the Los Angeles County Fire Department, and evidence of approval by the Los Angeles County Fire Department is required prior to issuance of building permits. 5. 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. P. DRAINAGE 1. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted to cover the costs of construction of drainage improvements in an amount to be determined by the City Engineer. Resolution No. 96 -17 Exhibit "A" Page 10 of 12 2. Prior to issuance of grading permits, the developer shall submit a hydrology study to the City Engineer to determine any adverse impacts to on -site and /or off -site existing flood control facilities generated by this project. Should the City Engineer determine that adverse impacts will result, the developer will be required to post a bond, cash deposit, or combination thereof in an amount to be determined by the Director of Public Works, which will cover the cost of all on -site improvements and the project's fair share of the necessary off -site improvements. 3. Drainage plans and necessary support documents to comply with the following requirements must be submitted for approval by the City Engineer prior to the issuance of grading permits: a. Provide drainage facilities to remove any flood hazard to the satisfaction of the City Engineer and dedicate and show easements on the Final Map. b. Eliminate sheet overflow and ponding or elevate the floors of any structures with no openings in the foundation walls to at least twelve inches above the finished pad grade. C. Provide drainage facilities to protect the property from high velocity scouring action. d. Provide for contributory drainage from adjoining properties. 4. All on -site drainage shall be directed away from the bluff top to minimize erosion and to protect sensitive plant habitat on the bluff face. 5. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of an earth tone color, as approved by the Director of Planning, Building and Code Enforcement. Q. PROJECT COMPLETION BONDS 1. Prior to recordation of the Parcel Map and /or Tract Map, or commencement of work, whichever occurs first, the developer shall post a bond, cash deposit, or other City- approved security to ensure the completion of all golf course, clubhouse and related improvements, including: rough grading, landscaping, irrigation, public trails, habitat restoration, drainage facilities, and other site features as per approved plans. R. PUBLIC OPEN SPACE DEED RESTRICTION 1. Prior to issuance of grading permits or recordation of any final map, the landowner shall record a restrictive covenant in favor of the City in a form and on terms acceptable to the City, requiring all land within the golf course, including any permanent structures, for golf course and related recreational uses to be open to the public. Furthermore, the deed restriction shall specify that conversion of any portion of the approved facilities to a private or member -only use or the implementation of any program to allow extended or exclusive use or occupancy of the facilities by an individual or limited group or segment of the public is specifically precluded by this permit and would require an amendment to this permit or a new permit in order to be effective. S. COMPLETION PER APPROVED PLANS 1. The developer shall designate appropriate workable phases (portions of the development to include adjoining areas of grading, construction of the clubhouse and associated improvements, streets of access, finish grading phases, supporting off -site improvements and on -site drainage and utility improvements) that shall be subject to approval by the Director of Planning, Building and Code Enforcement and the Director of Public Works. Resolution No. 96 -17 Exhibit "A" Page 11 of 12 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 approved 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 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. The developer 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 the clubhouse, golf course, and related facilities are submitted to the City. T. TRAILS PLAN AND PUBLIC AMENITIES IMPLEMENTATION 1. The developer shall be responsible for implementation and construction of all amenities detailed in the public amenities plan as required per Condition F.2 above, and Condition D.3 of Resolution No. 94 -74. Construction of the public amenities shall coincide with the project grading activity and shall be completed upon certification of rough grading. 2. Construction of the public trails shall be the obligation of the developer. Construction shall coincide with the project grading activity and shall be completed upon certification of rough grading. Dedication of the public trails shall occur at the time any Final Map is recorded. U. 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, and /or any successors in interest. M:\USERS\CAROLYNN\WPWIN60\OCEANTR\OTCUPCN.96 Resolution No. 96 -17 Exhibit "A" Page 12 of 12