Loading...
CC RES 1993-091RESOLUTION NO. 93 -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RE- APPROVING VESTING TENTATIVE TRACT MAP NO. 50667 AND TENTATIVE PARCEL MAP NO. 20970 FOR A RESIDENTIAL PLANNED DEVELOPMENT WITH 43 SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE LOCATED ON A 107.5 ACRE SITE LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. 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; Resolution No. 92 -116 and 92 -117, approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004; and Resolution Nos. 92 -118 and 92- 119 approving Revisions to 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 with a clubhouse and related facilities, and public open space on 261.4 acres in Coastal Subregions 7 and 8; and, WHEREAS, Frank P. Angel, representing Sierra Club, California Native Plant Society, Coastal Conservation Coalition, Save Our Coastline 2000 and Andrew H. Sargent, filed a lawsuit against the City and the landowners, challenging the approval of the Ocean Trails project for purportedly violating the City's General Plan, the California Environmental Quality Act and certain provisions of the California Government Code; and, WHEREAS, on August 18, 1993, the Superior Court of California, County of Los Angeles, set aside the City's approval of Vesting Tentative Tract Map Nos. 50666 and 50667, Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163 and Grading No. 1541, finding that, in approving the Ocean Trails project, the City had not made findings required by Government Code Section 65590, subdivision (d), which states: "New housing developments constructed within the coastal zone shall, where feasible, provide housing units for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Where it is not feasible to provide these housing units in a proposed new housing development, the local government shall require the developer to provide such housing, if feasible to do so, at another location within the same city or county, either within the coastal zone or within three miles thereof "; and, WHEREAS, in response to the Superior Court's peremptory writ of mandamus, the landowners, Palos Verdes Land Holdings Company and Zuckerman Building Company, submitted a proposal to address Government Code Section 65590 to the City on September 20, 1993, and submitted Draft Addendum No. 2 to Environmental Impact Report No. 36 to the City on September 24, 1993. The Draft Addendum No. 2 evaluates potential significant adverse environmental impacts resulting from the addition of affordable housing requirements that may occur in addition to those impacts discussed in Environmental Impact Report No. 36; and, WHEREAS, on September 28, 1993, after notice issued pursuant to the provisions of the Development Code, the Planning Commission of the City of Rancho Palos Verdes held a public hearing to consider Draft Addendum No. 2 to Environmental Impact Report No. 36 and the provision of affordable housing in conjunction with the Ocean Trails project, and adopted P.C. Resolution No. 93- 30 recommending re- approval of Vesting Tentative Tract Map No. 50667 and Tentative Parcel Map No. 20970 to City Council; and, WHEREAS, on October 5, 1993, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider re- approval of Vesting Tentative Tract Map No. 50667 and Tentative Parcel Map No. 20970, 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: Based on the review of Draft Addendum No. 2 to Environmental Impact Report No. 36 prepared in association with the provision of affordable housing as part of the Ocean Trails project as conditioned, the project mitigates, or reduces to the extent feasible, significant adverse effects to adjacent properties or the permitted uses thereof. In recommending re- approval of the project, the City Council finds that social, recreational and other benefits of the project 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. Resolution No. 93 -89 and Resolution No. 92 -115 (which includes the detailed statement of overriding considerations) are hereby made a part of this Resolution, by reference, pursuant to the California Environmental Quality Act. Section 2: All mitigation measures required in Environmental Impact Report No. 36, the Supplement to EIR No. 36, and Addendum No. 1 to EIR No. 36, are hereby incorporated by reference into conditions of approval for the re- approval of the tentative parcel map and vesting tentative tract map. Section 3: That the creation of forty three (43) single - family residential lots, and golf course with related improvements, as conditioned, is consistent with the City's General Plan and Coastal Special Plan. The General Plan land use map designates almost the entire project site as Residential, with a maximum density of one dwelling unit per acre, and designates the coastal bluffs as hazard areas. The General Plan provides for additional commercial recreational uses within the City as appropriate to a particular location, including golf, equestrian, tennis and other recreational activities, and designates the City's entire coastal area as a specific plan district. The Coastal Specific Plan land use map shows the following general uses for the project site: (a) Residential (with a maximum density of one dwelling unit per acre) for the vast majority of the property, (b) Hazard areas along the bluffs, the natural drainage course and in certain portions north of Paseo del Mar with extreme slopes, (c) a floating Retail Commercial area, and (d) Recreational parking. The text of the Coastal Specific Plan expressly permits visitor - serving uses, such as a golf course, subject to satisfaction of the requirements for granting a conditional use permit under the Development Code. With 43 residential units on approximately 53 acres, the density is below one dwelling unit per acre and, therefore, consistent with the General Plan and Coastal Specific Plan. Section 4: That the creation of forty three (43) single- family residential lots and golf course, as conditioned, is consistent with the City's Development Code for projects within the RS -1 zoning district under a Residential Planned Development. In addition, a minimum of 30 percent of the site will be maintained within the residential development as common open space, exclusive of the golf course. The 43 -Lot Revised Site Plan does not contemplate construction of any structures on land with slopes in excess of 35 %, or on land currently zoned Open Space Hazard. The majority of the subject property is zoned RS -1 (Residential Planned Development) with the bluff face and the natural drainage course and certain areas north of Paseo del Mar being zoned as Open Space Hazard (OH). In compliance with the requirements of the OH zoning district, the applicant will not construct any permanent habitable structures on land that is zoned Open Space Hazard. Resolution No. 93 -91 Page 2 of 6 The RS -1 (RPD ) zone requ res a -conditi4gpa'.l� ,use permit for any type of development (§ 17.06.050) and expressly permits single- family residential development and any other uses permitted under Chapter 17.02, including conditionally- permitted uses under Chapter 17.561 such as golf courses. (§ 17.06.030). Accordingly, under Chapter 17.06 and Section 17.56.020 of the Development Code, residential development and a golf course and related .facilities are permissible uses, subject to a conditional use permit. The necessary findings with respect to the conditional use permits required in connection with the Residential Planned Development and golf course are contained in Resolutions Nos. 93 -92 and 93 -93, respectively. Furthermore, the project provides in excess of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible for viewing and access by the general public from public roads and walkways and preserves views to the coast. Section 5: That the combination of the vacation of the central portion of Paseo del Mar and the provision of a long bluff road cul -de -sac taking access off of Paseo del Mar as provided in related applications is consistent with Coastal Specific Plan Subregion 7 Policy No. 16, which states that "Paseo del Mar shall be improved to provide access to residential development and consideration shall be given to relocating Paseo del Mar southward or exchanging it for another access route closer to the bluff edge." The intent of Coastal Specific Plan, Subregion 7, Policy 19 is further satisfied by the provision of an 8.4 acre East /West Bluff Top Corridor with a minimum width of twenty -five (25) feet and an average width of seventy -five (75) feet located along the bluff top between Half Way Point and Shoreline Park. This Bluff Top Corridor is similar in average width and area to any coastal bluff road which would otherwise be constructed, if geologically feasible, pursuant to Coastal Specific Plan, Subregion 7, Policy 19. Section 6: That the golf course and related uses are consistent with Coastal Specific Plan, Subregion 7, Policy 7 which states: "Ensure that any proposed commercial activity responds to the needs of the coastal residents and shall not be of an intensity which would purposefully generate a service area external of the coastal region." The City Council finds that the intent of the above policy is to limit traditional commercial development (such as retail and office uses) so as not to create a service area external to the coastal region and that such policy is not intended to apply to commercial recreational uses, which are encouraged by the General Plan and Coastal Specific Plan. City Council's interpretation of this policy is consistent with other policies in the Coastal Specific Plan and with Resolution 82 -24, which adopted Coastal Specific Plan Amendment No. 1 and specifically authorized visitor- serving uses, such as golf, in Subregion 7. Section 7: That the trails plan as shown in the Public Amenities/ Coastal Access Program submitted by the applicant and approved by the Trails Committee is consistent with the Coastal Specific Plan requirements relating to trails. Section 8: That the golf course and related uses are consistent with Coastal Specific Plan policy and Section 17.06.040.0.8 of the Development Code, which require the area seaward of corridor improvements to be improved and either dedicated or permanently maintained through deed restriction for public use. Section 17.06.040.0.6 of the Development Code permits the preservation of open space by dedication, deed restriction or other appropriate methods approved by the City. In compliance with these provisions and policies, the East and West Bluff Preserves, Half Way Point Park, the East /West Bluff Top Corridor, and the public paths, trails, parking and recreational areas will be improved by the applicants and offered to the City for dedication. Furthermore, the golf course area will be improved by the applicants and permanently maintained through deed restriction for public use. The City Council specifically finds that the deed restriction on the golf course land constitutes permanently maintained public open space. Neither the Resolution No. 93 -91 Page 3 of 6 Coastal Specific Plan nor Development Code expressly prohibit active public recreational uses, or require only passive public uses, for the area seaward of the conceptual bluff road. Section 9: For purposes of the Subdivision Map Act, the design of the subdivision, golf course, or the related improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat based on compliance with the City's Development Code, General Plan and Coastal Specific Plan and consideration of information contained in Draft, Supplemental, Addendum No. 1 and Addendum No. 2 of Environmental Impact Report No. 36. City Council acknowledges that there is the difference between the term "significant impact" under CEQA and the term "substantial environmental . damage" under the Subdivision Map Act. Draft EIR No. 36, Supplement to EIR NO. 36, Addendum No 1 and Addendum No. 2 to EIR No. 36 are required to base environmental findings on "worst case" basis. As a result, the Final EIR and Addendum EIR conclude that significant impacts to biological resources remain after mitigation because of the loss of raptor foraging area and because of the temporal loss of Coastal Sage Scrub. Even with the 2:1 replacement of existing viable Coastal Sage Scrub and the other mitigation measures contained in the Final EIR and Addendum to EIR No. 36, the temporal loss of Coastal Sage Scrub, which serves as natural habitat for the California gnatcatcher, is considered significant due to the uncertainty that this species will be able to re- occupy the site after replacement of the Coastal Sage Scrub. These environmental findings are primarily the result of grading for the golf course, which itself has already been minimized through its links -type design. These specific findings and a corresponding statement of overriding considerations are contained in Resolution No. 92 -115, which is hereby incorporated by reference. With the mitigation measures adopted by City Council pursuant to Resolution No. 92 -115, the project will not result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat under the Subdivision Map Act. However, even assuming that the project did result in substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, such damage or injury would be caused primarily by grading for the golf course. The elimination of the golf course is not feasible because it would not satisfy an important objective of the project: to provide visitor - serving public recreational uses, which objective is encouraged by policies in the Coastal Specific Plan. For this reason, this alternative or mitigation measure has been rejected by the City Council. Pursuant to Resolution No. 92 -115, City Council has made a finding of infeasibility with respect to elimination of the golf course. Section 10: That the subject property is physically suitable to accommodate Vesting Tentative Tract Map No. 50667 and Tentative Parcel Map No. 20970 as conditioned, in terms of design and density. Section 11: That the creation of the lots, single family residential dwelling units, golf course, public open space, and related improvements will not be materially detrimental to property values, nor will it jeopardize, endanger, or otherwise constitute a menace to the surrounding areas, since physical improvements, dedications and maintenance agreements are required. Section 12: The City Council has considered the effect of the tract map and parcel map on the housing needs of the region as set forth in the City's Housing Element, and balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, and finds that the tract map and parcel map help to achieve those housing needs without unreasonably burdening the public service needs of existing residents and available fiscal and environmental resources. Resolution No. 93 -91 Page 4 of 6 Section 13: The City Council, has considered the requirements of Government Code Section 65590, which requires new housing developments located in the coastal zone to provide, where feasible, housing units for persons and families of low or moderate incomes, as defined in Section 50093 of the Health and Safety Code. The Government Code further requires that where it is not feasible to provide these housing units in a proposed new housing development, the local government shall require the developer to provide such housing, if feasible to do so, at another location within the City, either within the coastal zone or within three miles thereof. Based on the information, analysis and findings included in Environmental Impact Report No. 36, and the subsequent conditions of approval placed on the project by the City of Rancho Palos Verdes and the California Coastal Commission, the City Council finds that the Ocean Trails project site has certain physical and environmental constraints, including geotechnical factors, topographic conditions and requirements for open space, public parks, a trails network and native habitat areas, which limit the amount of land available on -site for the construction of affordable housing units. In addition, based on information that was gathered by the City with regard to the average number of persons within the low to moderate income ranges that would be expected to be employed on the project site, including employees associated with the golf course and the residential lots, the City Council finds that the project will generate a need for affordable housing units. Additionally, the City Council finds that the provision of 10 percent of the units for very low to low income persons is consistent with the City's current population of approximately 12 percent of very low to low income residents. Therefore, taking into the account the physical constraints on the property, yet recognizing the employment opportunities generated by the project for persons of very low and low income levels and the corresponding housing needs, the City Council finds that a requirement of four (4) affordable housing units on -site and four (4) affordable units off -site (which is equivalent to 10% of the eighty -three (83) approved market -rate residential lots) is feasible and would satisfy the intent of Government Code Section 65590. However, the City Council's finding is in no way intended to preclude future residents or tenants of the project site from providing additional affordable housing opportunities. Section 14: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and /or public utility rights -of -way and /or easements within the tract and parcel map. Section 15: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code), Section 16: That the design of the residential subdivision golf course, and associated improvements and public open space are not likely to cause serious public health problems. Section 17: That the design of the residential subdivision, golf course, and the type of improvements associated with them, will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Further, public trail easements which are consistent with the policies of the General Plan and the Coastal Specific Plan are required as a condition of this approval. Resolution No. 93 -91 Page 5 of 6 Section 18: That the design of the vesting tentative tract map and tentative parcel map provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Section 19: That the vesting tentative tract map and tentative parcel map do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. Section 20: That dedications required by local ordinance are shown on the tentative maps and /or are set forth in the conditions of approval attached hereto in Exhibit "A ". Section 21: That the City considered the effect of approval of the residential subdivision on the housing needs of the region in which the City is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Section 22: For the foregoing reasons, and based on information and findings contained in the public record, including staff reports, minutes, records of proceedings and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby re- approves of Vesting Tentative Tract Map No. 50667 and Tentative Parcel Map No. 20970, subject to the recommended conditions of approval contained in the attached Exhibit "A ", which are necessary to protect the public health, safety and general welfare, subject to the re- approval of Conditional Use Permit Nos. 162 and 163 and Grading No. 1541; and approval of Addendum No. 2 to Environmental Impact Report No. 36. PASSED, APPROVED and ADOPTED on this 5th day of October 1993. OR ATTEST: CL SGIATE 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. 93 -91 was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 5, 19930 CP /OT2:CCVTM667.OT2 ty Clerk Palos Verdes Resolution No. 93 -91 Page 6 of 6 EXHIBIT "A" VESTING TENTATIVE TRACT MAP NO. 50667 TENTATIVE PARCEL MAP NO. 20970 CONDITIONS OF APPROVAL A. GENERAL 1. Within thirty (30) days of approval of the Vesting Tentative Tract Map and Tentative Parcel Map, the developers shall submit, in writing, a statement that they have read, understand, and agree to all of the conditions of approval contained in this exhibit. 2. The City's fee for processing a Final Map shall be paid within six (6) months of approval of the Vesting Tentative Tract Map and Tentative Parcel Map by the last responsible public agency. 3. All residential lots shall conform to the applicable minimum development standards as specified in Resolution No. 93 -92 for Conditional Use Permit No. 162, Coastal Permit No. 103 and Grading Permit No. 1541. 4. The golf course and all related improvements shall conform to the applicable development standards and conditions as specified in Resolution No. 93 -93 for Conditional Use Permit No. 163, Coastal Permit No. 103, and Grading Permit No. 1541, which are hereby incorporated herein by reference. 5. This approval expires twenty -four (24) months from the date of approval of the Vesting Tentative Tract Map and Tentative Parcel Map unless the Final Map has been recorded. Extensions of up to one (1) year may be granted by the Planning Commission, if requested in writing prior to expiration. 6. The developer shall supply the City with one brownline and one print of the recorded Final Map. 7. This approval is conditioned upon the applicant entering into an agreement with the City of Rancho Palos Verdes within twenty (20) days of the date of this approval, subject to approval by the City Attorney, to indemnify and defend the City against all damages, claims, judgements, and litigation costs, including, without limitation, attorney's fees awarded to a prevailing party, arising from the approval of the project and all issues related thereto. 8. 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 Resolution No. 93 -91 Exhibit "A" Page 1 of 12 to persons within very low to low income levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed). 9. The total number of on -site market -rate dwelling units shall be limited to one dwelling unit per buildable acre of land. However, as an incentive to the developer to provide affordable housing, the four (4) affordable dwelling units to be provided on -site, pursuant to Condition No. A8 above, shall be allowed to exceed the one dwelling unit per buildable acre maximum. However, in no event shall more than 83 units (both market -rate and affordable) be constructed on the total project site, which includes Vesting Tentative Tract Map Nos. 50666 and 50667. 10. 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 of f ordable rate . Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed). B. SUBDIVISION MAP ACT to Prior to submitting the Final Map for recording, pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from all affected departments and divisions, including a clearance from the City Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc. C. COUNTY RECORDER 1. If signatures of record or title interests appear on the Final Map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report /guarantee is needed that covers the area showing all fee owners and interest holders. 2. The account for the preliminary title report guarantee referenced in Condition C1, should remain open until the Final Map is filed with the County Recorder. Resolution No. 93 -91 Exhibit "A " Page 2 of 12 D. ARCHAEOLOGY AND PALEONTOLOGY 1. A qualified archaeologist shall be present during all rough grading operations to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Planning, Building and Code Enforcement. All archaeological finds shall be first offered to the City for preservation. 2. A qualified paleontologist shall be present during all rough grading operations to further evaluate pre - historic resources on the site. If paleontological resources are found, all work in the affected areas shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Environmental Resources. All paleontological finds shall be first offered to the City for preservation. E. BIOLOGY 1. Prior to issuance of grading permits, or prior to final of any map, 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. 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 E1 above. F. SEWERS 1. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division. 2. If, because of future grading, or for other reasons, it is found that the requirements of the Plumbing Code cannot be met on certain lots, no building permit will be issued for the construction of homes on such lots* 3. Sewer easements are tentatively required, subject to review by the City Engineer to determine the final locations and requirements. 4. Prior to construction, the developer shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division. 5. Prior to approval of the Final Map, the developer shall submit to the Director of Planning, Building and Code Enforcement a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and shall state that the County is willing to maintain all connections to said trunk lines. 6. Prior to the recordation of the Final Map or issuance of building permits, whichever occurs first, the developer shall post a bond, cash deposit, or other City approved security to cover costs for construction of a sanitary sewer system, in an amount to be determined by the City Engineer. Resolution No. 93 -91 Exhibit "A" Page 3 of 12 G. WATER 1. There shall be filed with the City Engineer a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six (6) months prior to the issuance of the building permits for the first phase of construction. 2. Prior to recordation of the Final Map or prior to the commencement of work, whichever occurs first, the developer must submit a labor and materials bond in an amount to be determined by the City Engineer in addition to either: a. An agreement and a 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 subdivider has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system. 3. A statement from the water purveyor shall be filed with the City Engineer indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that, under normal operating conditions, the system will meet the needs of the developed tracts. Said statement shall be dated no more than six (6) months prior to the issuance of the building permits for the first phase of construction. 4. At the time the final subdivision improvement plans are submitted for checking, plans and specifications for the water system facilities shall be submitted to the City Engineer for checking and approval and shall comply with the City Engineer's standards. Approval for filing of the land division is contingent upon approval of the plans and specifications mentioned above. 5. All lots and golf course facilities shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flow requirements shall be determined by the 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 Chief is required. The developer shall be responsible for installation of any fire hydrants or other improvements required by the Los Angeles County Fire Department. 6. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to the said structures. H. DRAINAGE 1. Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work, whichever occurs first: a. Provide drainage facilities in accordance with the Runoff Management Plan to remove any flood hazard to the satisfaction of the City Engineer and dedicate and show easements on the Final Map. Resolution No. 93 -91 Exhibit "All Page 4 of 12 b. Eliminate sheet overflow and ponding or elevate the floors of the buildings, with all openings in the foundation walls to be at least twelve inches above the finished pad grade. C. Provide drainage facilities to protect the residential lots and golf course from high velocity scouring action. d. Provide for contributory drainage from adjoining properties. e. Redirect high flow runoff away from the natural drainage courses and retain low flows to maintain adequate soil moisture conditions. 2. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, telephone (310) 435 -7741, shall be notified prior to commencement of work within the natural drainage courses crossing the site. 3. The U.S. Army Corps of Engineers shall be contacted prior to alteration of any drainage courses on -site to determine jurisdiction and permit requirements, if any, with respect to Section 404 of the Clean Water Act (as amended 1984). 4. All storm drain facilities shall be designed and constructed so as to be accepted for maintenance by the Los Angeles County Public Works Department, Flood Control Division, subject to review and approval by the City Engineer. 5. The City shall form a maintenance district, consisting of the residential property owners and golf course owner(s) within the tract, to cover the maintenance costs associated with all drainage outlet structures that are not accepted for maintenance by the Los Angeles County Public Works Department Flood Control Division, that carry storm water generated by, or passing through, the residential and golf course areas on the site to the ocean. Neither the developer, nor any successor in interest, including but not limited to individual purchasers of any lot within the tract, shall object to the formation of such a maintenance district by the City. All fees associated with such a maintenance district shall be calculated by the Director of Public Works, and shall be based on a proportionate fair share between the owner(s) of the golf course and owners of each residential property. Written notice of this condition shall be provided to purchasers of the golf course and purchasers of any individual lot within the development. This condition shall also be included in the CC & R's for the tract. 6. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of earth tone color and shall be reviewed and approved by the Director of Planning, Building and Code Enforcement. 7. Prior to the issuance of grading permits or prior to final of any map, whichever occurs first, the developer shall submit a Final Run Off Management and Water Quality Control Plans for review and approval by the Planning Commission. These plans may only be approved if they meet National Pollutant Discharge Elimination System (NPDES) permit regulations and requirements. I. STREETS 1. Prior to recordation of the Final Map or commencement of work, whichever occurs first, the developer shall post a bond, cash deposit, or other City- approved security to cover costs for the full improvements of all proposed on -site and off -site streets and related improvements, in an Resolution No. 93 -91 Exhibit "A" Page 5 of 12 amount to be determined by the Director of Public Works. The bonding for said improvements may be posted in conjunction with the phasing plan as per Resolution No. 93 -92 for Conditional Use Permit No. 162, Condition No. C1. 2. The proposed on -site streets shall be public and designed to the satisfaction of the Director of Public Works. Prior to recordation of the Final Map, the developer shall submit design specifications for the on -site streets to the Director of Public Works for approval, pursuant to the following specifications: a. "A" and "D" Streets shall be a minimum of thirty four (34) feet in width, measured flow line to flow line. Parkway widths shall be a minimum of four (4) feet on the northerly side of the street and eight (8) feet on the southerly side of the street. The total right -of -way width shall be forty six (46) feet. The final map shall reflect these standards. b. "B" and "C" Streets shall be a minimum of thirty four (34) feet in width, measured flow line to flow line. Parkway widths shall be a minimum of eight (8) feet on each side. The total right -of -way width shall be f ifty ( 50 ) feet. The f inal map shall reflect these standards. C. Paseo del Mar shall be a minimum of sixty -two (62) feet, measured flow line to flow line, and shall include on- street parking as described in Condition Ile below. Parkway width shall be a minimum of twelve (12) feet along the south side of Paseo del Mar, and shall be a minimum of eight (8) feet along the north side of Paseo del Mar. The total right -of -way width shall be eighty -two (82) feet. The final tract map shall reflect these standards. d. A public off - street parking area containing a minimum of six (6) parking stalls shall be provided south of Palos Verdes Drive South and west of "A" Street. Said parking area shall be at the same grade as Palos Verdes Drive South, shall contain a minimum of six (6) parking spaces, and one (1) parking space shall be reserved for handicapped use. The design of the off - street parking area and any time restrictions shall be submitted for review and approval by the Director of Public Works. Parking and access to this area shall be prohibited after dusk. e. A public on- street public parking area containing a minimum of fifty (50) parking spaces shall be provided at the terminus of Paseo del Mar. The design of the on- street parking and circulation plan is subject to the review and approval of the Director of Public Works. Said on- street parking area shall contain a minimum of five (5) handicapped parking spaces. The design of the on- street parking area and any time restrictions shall be submitted for review and approval by the Director of Public Works. Parking and access to this area shall be prohibited after dusk. f. A public off - street amenities area for public use as an off - street parking area and /or bicycle rest stop shall be provided in the public right -of -way along the north side of Palos Verdes Drive South between Palos Verdes Drive East and Seacliff Drive, which is located outside the Coastal Zone. The design of the off- street parking area shall be implemented in conformance with proposals by the Seacliff Hills Homeowner's Association as part of the public amenities plan for the tract. The final design of this area is subject to the review and approval by either the City Council or by the Planning Commission as part of the public amenities plan Resolution No. 93 -91 Exhibit "A" Page 6 of 12 required by Condition G1 of Resolution No. 93 -92 and Condition 01 of Resolution No. 93'-93. g. All streets shall have a vertical type curb. The developer may request roll type curbs, subject to the review and approval of the Director of Public Works. h. Handicapped access ramps which conform to all standards and specifications in Title 24 of the Uniform Building Code shall be provided at all sidewalks and at all locations where public trails intersect with streets and /or sidewalks in or adjacent to the subject development. i. Cul -de -sacs shall be designed to the specifications of the Director of Public Works. j. Street and traffic signs shall be placed at all intersections and /or corners as specified by the Director of Public Works, conform to City Standards, and be shown on a signage and striping plan to be attached to the street plans. k. Sidewalks, where required, shall be concrete, a minimum of four (4 ) feet wide, located four ( 4 ) feet behind the flow line. 1. All proposed streets shall be designed in substantially the same alignment as shown on Vesting Tentative Tract Map No. 50667. 3. The developer shall be responsible for the design and construction of the realignment Palos Verdes Drive South from Conqueror Drive to the eastern City limits. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works and shall include a minimum twelve (12) foot wide median from Conqueror Drive to La Rotunda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median .improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotunda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. 4. Prior to recordation of any map, the project shall contribute to the installment of the following street improvements based on a "fair share" of the cost, which will be allotted only to new traffic: a. Construction of a second westbound left -turn lane at the intersection of Hawthorne Boulevard and Palos Verdes Drive West. b. Construction of a second eastbound left -turn lane and a second southbound right -turn lane at the intersection of Western and 25th Street, if approved by the City of Los Angeles. The developer shall be responsible for contacting the appropriate agencies in the City of Los Angeles and shall provide necessary documentation to the City of Rancho Palos Verdes Director of Public Works, including a letter of approval from the City of Los Angeles, for determination of the project's fair share of the cost for improvements to the above intersection. 5. The developer shall be responsible for repairs to any public streets which may be damaged during development of the tract. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or Resolution No. 93 -91 Exhibit "A" Page 7 of 12 City - approved security, in an amount sufficient to-cover the costs to repair any damage to streets and appurtenant structures as a result of this development. 6. The developer shall pay traffic impact fees in an amount determined by the Director of Public Works upon the completion of all on -site public improvements, including, but not limited to, streets, drainage, and utility improvements. 7. Unless already dedicated to the City, the developer shall dedicate to the City vehicular access rights to Palos Verdes Drive South, Paseo Del Mar, and La Rotunda Drive. A note to this effect shall be placed on the Final Map. 8. Prior to recordation of any final map, the developer shall post a security, bond, or cash deposit acceptable to the City in an amount to be determined by the Director of Public Works to cover the project's fair share of the cost of signalizing the intersection of Palos Verdes Drive South and Forrestal Drive at Paseo Del Mar, and the intersection of Palos Verdes Drive South and La Rotunda Drive. 9. Access to Lots 39 and 40 as shown on Vesting Tentative Tract Map 50667 shall be via a private driveway, with a maximum width of twenty -four (24) feet. 10. Access to Lots 21 and 22 as shown on Vesting Tentative Tract Map 50667 may be taken via a private driveway, with a maximum width of twenty -four (24) feet. 11. Prior to recordation of the final map, the developer shall process an application for vacation of the portions of the street right -of -way along Paseo del Mar which are to be developed for golf course uses. 12. Should the geology for residential Lots 34 -38 not be accepted for construction of residential properties by the City Geologist and are not developed for residential purposes, then the configuration of Street "A" shall be revised to cul -de -sac near the northeastern corner of Lot 33, and the connection to Palos Verdes Drive South shall be eliminated. J. UTILITIES 1. All utilities to and on the lots and golf course shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developer's expense. K. GEOLOGY 1. Prior to recordation of the Final Map or commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the City Engineer. 2. Prior to recordation of the Final Map or prior to commencement of work, whichever occurs first, a bond, cash deposit, or other City- approved security, shall be posted to cover the costs of grading in an amount to be determined by the City Engineer. 3. If the geology for residential Lots 34 -38 is not accepted to the satisfaction of the City Geologist prior to recordation of the Final Map, these lots shall not be developed for residential purposes, but may be used for golf course and /or habitat restoration purposes. If Resolution No. 93 -91 Exhibit "A" Page 8 of 12 these lots are developed for golf course uses, they shall be subject to all applicable conditions pertaining to revised Conditional Use Permit No. 163 in Resolution No. 93 -93. L. EASEMENTS 1. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication or other easements until after the Final Map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Map. 2. Prior to the recordation of the Final Map, the developer shall submit design specifications for construction of bike lanes and pedestrian trails within the boundaries of the project site for review and approval by the Director's of Environmental Services, Public Works, and Recreation and Parks, and the Recreation and Parks Committee. 3. All easements are subject to review by the City Engineer to determine the final locations and requirements. 4. The developer shall dedicate to the City of Rancho Palos Verdes, record on the final map, and construct to Conceptual Trails Plan standards a twelve (12) foot wide public Class I paved bicycle trail easement parallel to Palos Verdes Drive South as shown in the attached Exhibit "B" from Point "B" to Point "M ". This trail shall have a minimum tread width of eight (8) feet, shall be constructed in a linear parkway along the south side of Palos Verdes Drive South, and shall be separated as_ much as possible from the roadway by a grade change and landscaping. 5. The developer shall dedicate to the City of Rancho Palos Verdes, record on the final map, and construct to Conceptual Trails Plan standards a six (6) foot wide soft footed public pedestrian trail easement with an easy level of difficulty parallel to Palos Verdes Drive south and adjacent to the trail described above in Condition L4 as shown in the attached Exhibit "B" from Point "B" to Point "M ". This trail shall have a minimum tread width of four (4) feet, shall be constructed in a linear parkway along the south side of Palos Verdes Drive South, and shall be separated as much as possible from the roadway by a grade change and landscaping. 6. The developer shall construct a Class II bikeway within the public right -of -way on the north and south side of Palos Verdes Drive South as shown in the attached Exhibit "B" from Point "B" to Point "M ". 7. The developer shall construct a Class II bikeway within the public right -of -way on the north and south sides of La Rotunda Drive as shown in the attached Exhibit "B" from Point "H" to Point "K ". This trail shall connect with other trails as described in Resolution No. 93 -90 for Vesting Tentative Tract Map No. 50666 and Tentative Parcel Map No. 23004, Condition Nos. L4 -L8, and shall connect with the Class II bicycle trail described above in Condition L6. 8. The developer shall dedicate to the City of Rancho Palos Verdes, record on the final map, and construct to Conceptual Trails Plan standards an eighteen (18) foot wide Class I and soft footed pedestrian trail easement with an easy level of difficulty as shown in the attached Exhibit "B" beginning at the intersection of Palos Verdes Drive South and Point "B" and connecting to Point "T" along the eastern side of Paseo del Mar. The minimum tread width for the pedestrian trail shall be four (4) feet and the minimum tread width for the Class I bicycle trail shall be eight (8) feet. Resolution No. 93 -91 Exhibit "A" Page 9 of 12 9. The developer shall dedicate to the City of Rancho Palos Verdes, record on the final map, and construct to Conceptual Trails Plan standards a four (4) foot wide soft footed pedestrian trail easement with a challenging level of difficulty as shown in the attached Exhibit "B" beginning at the intersection of Palos Verdes Drive South and Point "J" and connecting to Point "G". A barrier to prevent the use of the trail by bicycles and motorized vehicles shall be erected at Points "J" and "G ". The minimum tread width of the trail shall be two (2) feet. 10. The developer shall dedicate to the City of Rancho Palos Verdes, record on the final map, and construct to Conceptual Trails Plan standards a four (4) foot wide soft footed pedestrian trail easement with a challenging level of difficulty as shown in the attached Exhibit "B" beginning at the intersection of Palos Verdes Drive South and Point "L ", connecting to Points "S", "R ", and terminating at Point "F ". A barrier to prevent the use of the trail by bicycles and motorized vehicles shall be erected both at the intersection of Palos Verdes Drive South Point "L" , and at Point "F ". Signs identifying the trail as a sensitive habitat area and prohibiting use of the trail by bicycles and motorized vehicles shall be erected on or near the barriers. The minimum tread with of the trail shall be two ( 2 ) feet. 11. The developer shall be responsible for the construction of all public trails specified in conditions L4 -L10 and shall provide a bond, or other money surety for the construction of such public trails in an amount to be determined by the Director of Public Works. Construction of said trails shall coincide with the rough grading activity within each workable phase and shall be completed upon acceptance of all street improvements by the City. Dedication of the public trails shall occur at the time the final map is recorded. 12. The developer shall dedicate to the City of Rancho Palos Verdes and record on the final map a lateral public access easement for passive recreational use from the twenty -five (25) foot contour line seaward to the tract boundary. 13. The developer shall dedicate to the City of Rancho Palos Verdes, record on the final map, and construct to Conceptual Trails Plan standards, a four (4) foot wide soft footed public pedestrian trail easement with an intermediate level of difficulty and minimum tread width of two (2) feet as shown in the attached Exhibit "E" beginning at Point "V" and terminating at Point "S ". A barrier to prevent the use of the trail by bicycles and motorized vehicles shall be erected at Point "V ". Signs identifying the trail as a sensitive habitat area and prohibiting use of the trail by bicycles and motorized vehicles shall be erect on or near the barrier. 14. The developer shall dedicate to the City of Rancho Palos Verdes, record on the final map, and construct to Conceptual Trails Plan standards, a four (4) foot wide soft footed public pedestrian trail easement with an intermediate level of difficulty and minimum tread width of two (2) feet as shown in the attached Exhibit "E" beginning at Point "R" and terminating at the project's eastern boundary at Point "P". A barrier to prevent the use of the trail by bicycles and motorized vehicles shall be erected at Point IIPII. Signs identifying the trail as a sensitive habitat area and prohibiting use of the trail by bicycles and motorized vehicles shall be erect on or near the barrier. M. SURVEY MONUMENTATION 1. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof, shall be posted to cover costs to establish survey monumentation, in an amount to be determined by the City Engineer. Resolution No. 93 -91 Exhibit "A" Page 10 of 12 2. Within twenty -four (24) months from the date of filing the Final Map, the developer shall set remaining required survey monuments and center line tie points and furnish the center line tie notes to the City Engineer. 3. All lot corners shall be referenced with permanent survey markers in accordance with City Municipal Code. N. STREET NAMES AND NUMBERING 1. Any street names and house numbering plans shall be provided to the City by the developer for approval by the City Engineer. O. PARK AND OPEN SPACE DEDICATION AND MAINTENANCE 1. Prior to recordation of the Final Map, the developer shall pay to the City of Rancho Palos Verdes, dedicate land, or a combination thereof to satisfy requirements of the Quimby Act. The land value used to calculate the fee shall be determined through a M.A.I. appraisal prepared and provided to the City within 60 days of City approval of the project. 20 In order to cover the maintenance costs associated with all public parks and trails located within the tract, the City shall either 1) form a maintenance district consisting of the residential property owners and golf course owner(s) within the tract; or 2) include such areas in a City wide assessment district; or 3) otherwise assume responsibility for the maintenance of such areas. Neither the developer nor any successors in interest, including but not limited to individual purchasers of any individual lot(s), shall object to the formation of any such maintenance district(s) by the City. All fees associated with any such maintenance district(s) shall be calculated by the Director of Public Works and shall be based on a proportionate fair share between the owner(s) of the golf course and owner of each residential property, or as otherwise deemed appropriate by the City based on the type of maintenance district formed and the allocation of benefits. Written notice of this condition shall be provided to purchasers of the golf course and purchasers of any individual lot within the development. This condition shall also be included in the CC & R's for the tract. 3. The developer shall dedicate to the City of Rancho Palos Verdes and record on the final map Lots G and M for public open space. Lot G (East Bluff Preserve) shall be a minimum of 7.7 acres in size. Lot M (East Vista Park) shall be a minimum of 1.2 acres. 4. The developer shall dedicate to the City of Rancho Palos Verdes and record on the final map Lot I to include the Coastal Bluff Dedication with a minimum area of 10.1 acres and the East /West Access Corridor with a minimum area of 3 acres for public open space. The final configuration of the Access Corridor shall be determined prior to issuance of grading permits or prior to final of any map, whichever occurs first. P. RELATED APPLICATIONS 1. The approval is conditioned upon compliance with all conditions of approval for Conditional Use Permit No. 162 and Grading Application No. 1541, which are incorporated herein by reference and are hereby made a part of this approval. Resolution No. 93 -91 Exhibit "A" Page 11 of 12 2. This approval is conditioned upon compliance with all mitigation measures contained in Environmental Impact Report No. 36 and the Mitigation Monitoring Program which are incorporated herein by reference and are hereby made a part of this approval. Q. COASTAL ZONE RESTRICTION 1. The final map shall clearly delineate and label the "Coastal Setback Zone" line as established in the City's Coastal Specific Plan. A note shall be placed on the map stating that no permanent structures shall be allowed closer than twenty -five (25) feet to the Coastal Setback Zone. This area shall be designated on the map as "Building Grading Restriction" area. All lots shown of the final map shall provide for a minimum buildable area of 3,000 square feet of contiguous area, exclusive of required setbacks and any portions of the lot located seaward of the Building Grading Restriction Line or they shall be eliminated from the final map-, R. MITIGATION MONITORING PROGRAM 1. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the developer. 2. Condition A2 shall be revised to read as follows: "The City's fees for processing a Final Map shall be paid within six (6) months of approval of the Vesting Tentative Tract Map and Tentative Parcel Map by the last responsible public agency." 3. Condition E1 shall be revised to read as follows: "Prior to the issuance of grading permits or prior to final of any map, whichever occurs first, the developer shall submit a . . ." CP /OT2:CC7COND.OT2 Resolution No. 93 -91 Exhibit "A" Page 12 of 12