CC RES 1993-093RESOLUTION NO. 93 -93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES RE- APPROVING CONDITIONAL USE PERMIT NO.
163 AND GRADING PERMIT NO. 1541 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 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 and
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.
163 and 164 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, the Superior Court of California, County of Los Angeles, did
not set aside the City's approval of Coastal Permit No. 103. Therefore,
although the Court did set aside the portions of the City's resolutions
approving the conditional use permits and the grading permit, Resolution Nos.
92 -118 and 92 -119 are still in effect with regard to the approval of Coastal
Permit No, 103, pending final action by the California Coastal Commission, who
considered the permit on appeal, found substantial issue with the proposed
project, approved the project subject to special conditions on April 14, 1993,
and is expected to adopt findings before the end of the year; and,
WHEREAS, in response to the Superior Court's writ of mandamus, the
landowners, Palos Verdes Land Holdings Company and-the 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. REsolut ion No. 93-
32 recommending approval of Conditional Use Permit No. 163 and Grading No.
1541 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 the re- approval of Conditonal Use Permit No. 163 and Grading No.
1541, 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,
that 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: Pursuant to Section 17.56.060 of the Development Code, the
City Council, in re- approving of the conditional use permit 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
Resolution No. 93 -93
Page 2 of 5
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 and current demand for golf tee times greatly
exceeds supply for existing public golf courses on the Peninsula and, as
a result, 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) & (8) above, it is not contrary to either the General
Plan or the Coastal Specific Plan.
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 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 3: Pursuant to Section 17.50.070 of the Development Code, the
City Council, in re- approving of the grading permit, finds as follows:
A. That the grading associated with the project is not excessive beyond
that necessary for the permitted primary use of the property since the
grading has been limited to that necessary to (i) construct a links
style golf course in which preservation of natural open space is
Resolution No. 93 -93
Page 3 of 5
maximized and (ii) make improvements to Palos Verdes Drive South which
are necessary for safety reasons. In addition, grading will be balanced
on the site with no export of excavated material.
B. That the grading and /or construction does not significantly adversely
effect the visual relationships with, nor the views from neighboring
sites, since the 18 -hole golf course is designed to conform with
existing topography, to the fullest extent possible to preserve visual
corridors identified in the Coastal Specific Plan when viewed from Palos
Verdes Drive South and adjacent properties.
C. That the nature of the grading minimizes disturbance to the natural
contours, and finished contours are reasonably natural, since the
majority of the project site will conform with the existing gently
sloping topography, with a significant portion remaining as undeveloped
open space.
Section 4: 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.
Resolution No. 93 -93
Page 4 of 5
Section 5: All mitigation measures required in Environmental Impact
Report No. 36, the Supplement to EIR No. 36 and Addendum No. 1 to EIR No. 36
and Addendum No, 2 to EIR No. 36 are hereby incorporated by reference into the
recommended conditions of approval for the re- approval of the conditional use
permit and grading permit.
Section 6: 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 re- approves Conditional
Use Permit No. 163 and Grading Permit No. 1541, subject to the recommended
conditions attached in Exhibit "A ", which are necessary to protect the public
health, safety and general welfare, and subject to the re- approval of
Tentative Parcel Map Nos. 23004 and 20970 and Vesting Tentative Tract Map Nos.
50666 and 50667; and approval of Addendum No. 2 to Environmental Impact Report
No. 36.
PASSED, APPROVED and ADOPTED this 5th day of October 1993,
MA OR
ATTEST:
CITW I 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. 93 -93 was duly and regularly passed and adopted
by the said City Council at a regular meeting (?A, October, Q 1993.
CPJOT2:CCCUP163.OT2
Jo Pur 111 City Clerk
City f Rancho Palos Verdes
Resolution No. 93 -93
Page 5 of 5
"EXHIBIT A"
CONDITIONS OF RE- APPROVAL FOR GOLF COURSE DEVELOPMENT
CONDITIONAL USE PERMIT NO. 163
AND GRADING PERMIT NO. 1541
A. DEVELOPER AGREEMENT
11 Within thirty (30) days of approval of the Conditional Use Permits and
Grading 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. Re- approval of the Conditional Use Permit and Grading Permit is subject
to the re- approval of Tentative Parcel Map Nos. 23004 and 20970.
3. The developer shall participate in, and pay any fees required by, the
City's Public Art Program. Any proposal for participation shall be
submitted to the City prior to the issuance of grading permits.
4. In compliance with Fish and Game Code Section 711.4, the developer shall
submit to the City a cashier's check payable to the Los Angeles County
Clerk in the amount of $850.00 for a filing fee and a cashier's check in
the amount of $25.00 for a documentary handling fee within 48 hours of
City approval of these permits. The developer shall also pay any fine
imposed by the Department of Fish and Game, if required.
5. The operator of the golf facilities shall participate in the City's
recycling program.
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. 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.
8. 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.
9. 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
dewatering wells, etc.
10. 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.
11. 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.
12. 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.
13. The 18 hole golf course with support facilities shall substantially
conform to the plans reviewed and approved by the Planning Commission.
14. 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.
15. The City hereby reserves the right to establish a future fee or tax (for
example a greens fee) 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,
16. 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.
17. 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.
18. 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.
Resolution No. 93 -93
Exhibit "A"
Page 2 of 15
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).
19. 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. A18 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.
20. 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).
B. LAND USE
1. 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.
Resolution No. 93 -93
Exhibit "A"
Page 3 of 15
C. GOLF CLUBHOUSE LOCATION
1. The golf clubhouse shall be located in the area generally described as
within and seaward of the existing (but to be vacated) Paseo del Mar
right -of -way immediately west and /or south of the School District
property, provided that mechanical methods including, but not limited to
dewatering wells, are utilized to ensure a minimum factor of safety of
1.5 for the clubhouse structure. Additionally, no portion of the
clubhouse 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 clubhouse location is
modified for any other reason, the applicant shall submit an application
for a major Conditional Use Permit for review and approval by the
Planning Commission to relocate the clubhouse. The final location of
the clubhouse shall be determined and approved by the City Council prior
to recordation of any final map.
2. The on -site affordable dwelling units required in Condition No. A18
above shall be located in an area of the site which demonstrates a
mimimum 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).
D. PROJECT DESIGN REVIEW
1. Within one (1) year of this approval, the developer shall submit a full
description of the project components, which is in full conformance with
the approval granted by the City. Within this same time period, the
developer shall submit conceptual site plans and elevations reflecting
the approved project, including the four (4) on -site affordable dwelling
units. The plans shall be subject to the review and approval of the
Planning Commission and shall be consistent with the land use
limitations and conditions specified in this exhibit, and other
resolutions and conditions of approval pertinent to this approval.
Requests for extensions may be granted by the Director of Planning,
Building and Code Enforcement for up to one hundred eighty (180) days.
2. Within one (1) year of this approval, the developer shall submit a
conceptual 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.
3. Prior to issuance of any grading permit, the developer shall submit a
detailed public amenities plan, including signage, specific design
standards and placement for all trails, vista points and parking
facilities, and other amenities consistent with the Conceptual Trails
Plan 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 Public Amenities and
Coastal Access Program for Rancho Palos Verdes Subregion 7 prepared on
April 16, 1992 by the applicant.
Resolution No. 93 -93
Exhibit "A "
Page 4 of 15
4. Prior to the issuance of grading permits, or prior to final of any map,
whichever occurs first, a final site plan shall be submitted for review
and approval by the Planning Commission, identifying the layout of the
golf course holes and the location of the clubhouse, parking lot and
other lot improvements, including drainage structures and features,
utility easements, public trails and beach access.
5. Prior to issuance of grading permits, the final clubhouse design shall
be submitted for review and approval by the Planning Commission. The
clubhouse may include ancillary facilities such as a pro shop,
restaurant, banquet facilities, and interpretative nature displays. 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.
6. Any significant changes which result in the location of the clubhouse in
an area other than that described in Condition C1 above or which results
in significant changes in the development characteristics of the
approved conceptual plan per Conditions D1 -D5 above, including but not
limited to the acquisition of the School District property for golf
course /open space purposes, shall require that an application for a
major revision to the Conditional Use Permit be filed. The scope of the
review shall be limited to the request for modification 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.
E. PERMIT EXPIRATION
1. This permit shall expire within twenty four ( 24 ) months from the date of
this 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 pursuant to Section 17.56.080 of the Rancho Palos Verdes
Development Code.
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.
F. 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.
Resolution No. 93 -93
Exhibit "A"
Page 5 of 15
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.
G. 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.
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 G1 above.
H. 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 systems 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 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
qualified "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
Resolution No. 93 -93
Exhibit "A"
Page 6 of 15
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.
I. 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.
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.
J. CONSTRUCTION PLAN
1. Prior to the issuance of grading permits, a construction plan shall be
submitted to the Director of Planning, Building and Code Enforcement for
review and - approval. Said plan shall include, but not be limited to a
phasing plan, limits of grading, estimated length of time for rough
grading and construction of improvements, location of construction
trailers, construction signs and equipment storage areas and the
location and type of temporary utilities.
Resolution No. 93 -93
Exhibit "A"
Page 7 of 15
2. The hours of operation for grading and construction activities shall be
limited from Monday to Friday, 7:00 a.m. to 7:00 p.m. and Saturday, 7:00
a.m. to 5:00 p.m. No on -site maintenance of equipment or vehicles shall
be permitted before or after the hours indicated. No truck queuing
shall occur before 7:00 a.m.
3. Flagmen shall be used during all construction activities as required by
the Director of Public Works.
4. Prior to the issuance of grading permits and /or building permits, a
program to control and prevent dust and windblown earth problems shall
be submitted to the Director of Planning, Building and Code Enforcement
for review and approval. Methods may include, but shall not be limited
to, on -site watering and vegetative planting.
5. No construction of permanent structures shall be allowed closer than
twenty -five (25) feet landward of the Coastal Setback Zone. Grading
within the Coastal Setback Zone shall be limited to that required for
construction of approved trails, parks, vista points, and golf course
holes as shown on conceptual site plans required per Conditions D1 -D5
above.
6. Noncompliance with the above construction and /or grading restrictions
shall be grounds for the City to stop work immediately on the property.
K. 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 approved by the Director of
Planning, Building and Code Enforcement and the Director of Public
Works,
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,
Resolution No. 93 -93
Exhibit "A"
Page 8 of 15
L. GRADING
1. Prior to recordation of each Parcel-Map and /or Tract Map or prior to
issuance of grading permits, whichever occurs first, the project
geologist will review and approve the final grading plans and
specifications by manual signature.
2. Prior to issuance of grading permits or recordation of each Parcel Map,
whichever occurs first, a final grading plan shall be approved by the
City Engineer and City Geologist. This grading plan shall be based on a
detailed engineering, geology and /or soils engineering report(s) and
shall specifically be approved by the geologist and /or soils engineer
and show all recommendations submitted by them. It shall also be
consistent with each Parcel Map and conditions as approved by the City.
3. All geologic hazards associated with this proposed development shall be
eliminated or the City Geologist shall designate a Restricted Use Area
on each Final Map, in which the erection of buildings or other
structures shall be prohibited.
4. Prior to issuance of grading permits, 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.
5. A note shall be placed on the approved grading plan that requires the
Director of Planning, Building and Code Enforcement' approval of rough
grading prior to final clearance. The Director (or a designated staff
member) shall inspect the graded sites for accuracy of pad elevations,
created slope gradients, and pad size. The developer or its designee
shall provide certification for all grading related matters.
6. All of the recommendations made by the City Engineer and the City
Geologist during their on -going review of the project shall be
incorporated into the approved grading plans.
7. All of the recommendations of the project geologist, except as modified
by the City Geologist, will be incorporated into the design and
construction of the project.
8. Prior to issuance of a building permit, an independent Geology and /or
Soils Engineer's report on the expansive properties of soils on all
building sites shall be submitted to and approved by the City Geologist
in conformance with accepted City practice. Such soils are defined by
Building Code Section 2904(b).
9. Prior to issuance of a building permit, an as- graded soils and geologic
report(s), complete with geologic map shall be submitted for review and
approval by the City Geologist in conformance with accepted City
practice.
10. Prior to issuance of a building permit, an as -built geological report(s)
for structures founded on bed rock and an as -built soils and compaction
report for structures founded on fill and all engineered fill areas
shall be submitted for review and approval by the City Geologist in
conformance with accepted City practice.
11. All grading shall be monitored by a licensed engineering geologist
and /or soils engineer in accordance with applicable provisions of the
Municipal Code and the recommendations of the City Engineer.
Resolution No. 93 -93
Exhibit "A"
Page 9 of 15
12. All grading shall be balanced on -site. However, should earth, rock or
other material be required to be hauled from the project site, a
revision to the grading permit, pursuant to requirements of the
Development Code, shall be obtained.
13. All grading shall conform to Chapter 29, "Excavations, Foundations, and
Retaining Walls," and Chapter 70, "Excavation and Grading" of the
Uniform Building Code.
14. Unless otherwise provided in these conditions of approval or permitted
by the Director of Planning, Building and Code Enforcement, the project
shall comply with all appropriate provisions of the City's grading
ordinance (Chapter 17.50 Grading).
15. All grading activity on the site shall occur in accordance with all
applicable City safety standards.
16. No created slopes within each parcel shall exceed 3:1, unless otherwise
approved by the Director of Planning, Building and Code Enforcement.
17. All graded slopes shall be properly planted and maintained. Plants
shall be selected that are drought tolerant, capable of developing deep
root systems and shall - generally consist of low ground cover to impede
water flow on the surface. Watering for establishment of said plant
material shall be done in cycles that will promote deep rooting.
Watering shall be diminished or stopped just prior to and during the
rainy season or upon establishment of the plant material, whichever
occurs first. To provide greater slope protection against scour and
erosion, all graded slopes shall be covered with a jute mat to provide
protection while the ground cover is being established. If appropriate,
the Director of Planning, Building and Code Enforcement may approve an
alternative material or method to control erosion.
18. All graded slopes shall be "landform" graded so as to closely reflect
naturally occurring topographic contours. Slope gradients shall be
natural and no abrupt changes between natural and graded slopes shall be
permitted.
19. All natural and created slopes greater than 3:1 shall be designated as
Restricted Use Areas on the Final map.
20. All proposed retaining walls to be constructed shall be subject to
review by the Director of Planning, Building and Code Enforcement with
subsequent review by the Planning Commission, if required, for review
and approval pursuant to Section 17.50 of the Rancho Palos Verdes
Development Code.
21. Foundations and floor slabs cast on expansive soils shall be designed in
accordance with Los Angeles County Code Section
2907 -i.
22. The use of a rock crusher on the site is prohibited.
23. If feasible, the water used to control fugitive dust shall not be taken
from primary potable water sources. Instead, the developer shall
explore other options such as using reclaimed "grey water" or other non -
potable water to control dust on the site during construction, subject
to the review and approval of the Director of Planning, Building and
Code Enforcement and the Los Angeles County Health Department.
Resolution No. 93 -93
Exhibit "All
Page 10 of 15
24. Prior to issuance of grading permits and or recordation of the final
map, whichever occurs first, written approval must be obtained from the
owners of adjacent properties within the City for which off -site grading
for trails is proposed or may result.
250 Areas of the site that are not to be disturbed during grading or
construction or that are to be protected in accordance with the
mitigation monitoring program established in Environmental Impact Report
No. 36 shall be fenced during construction.
M. LANDSCAPING
1. Prior to issuance of grading permits, the developer shall submit a final
landscape and irrigation plan 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 overspray.
h. All high water use areas shall be irrigated separately from
drought tolerant areas.
i. 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.
Resolution No. 93 -93
Exhibit "A"
Page 11 of 15
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.
N. 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.
01 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 D3 above, and Condition G1 of Resolution No. 93 -92.
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.
Resolution No. 93 -93
Exhibit "A'°
Page 12 of 15
P. 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.
Q. OPEN SPACE 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, drainage facilities,
and other site features as per approved plans.
R. PARKING
1. Prior to recordation of the Parcel Map, the developer shall submit a
conceptual parking plan to the Director of Planning, Building and Code
Enforcement for review and approval.
2. A minimum of 150 and a maximum of 175 off - street parking spots shall be
constructed in a lot adjacent to the clubhouse, as designated in the
parking plan, for golf course and clubhouse use.
3. The parking lot shall be designed in order to mitigate or eliminate non -
aesthetic noise and views which may impact the existing residences north
of Palos Verdes Drive South, subject to the review and approval of the
Director of Planning, Building and Code Enforcement.
S. 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 offsite illumination
from any light source.
T. 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, restricting all land
within the golf course, including any permanent structures, for golf
course and related recreational uses 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.
Resolution No. 93 -93
Exhibit "A"
Page 13 of 15
U. DESIGN STANDARDS
1. The maximum height for the clubhouse, excluding architectural features,
shall not exceed thirty (30) feet in height measured at grade -adjacent
to the lowest foundation wall. Any increase in height proposed after
the approval of plans per Conditions D1 -5 shall require a minor revision
to the Conditional Use Permit and a Variance application to be reviewed
and approved by the Planning Commission in conjunction with the Project
Design Review as required per Condition D1 -5 of this approval. Any
increase in height proposed after the approval of plans per Conditions
D1 -5 shall require a major revision to the Conditional Use Permit and a
Variance application to be reviewed and approved by the Planning
Commission.
2. Architectural elements (cupolas, rotundas, and towers) may be allowed to
exceed the 30 foot height limit with the approval of the Director .of
Planning, Building and Code Enforcement consistent with the conceptual
site plans reviewed and approved by the Planning Commission as required
by Condition D1.
3. Any maintenance facilities associated with the golf course shall
not exceed thirty (30) feet in height, and shall utilize bermed
architectural treatment to minimize visibility of the structures.
4. Any other structures 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.
5. All 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.
6. 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.
7. 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.
8. 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.
9. 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. 93 -93
Exhibit "A "
Page 14 of 15
10. 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.
11. 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 spillover 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.
12. No golf course lighting shall be allowed.
13. 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. N1.
14. 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.
CP /OT2:CC163CON.OT2
Resolution No. 93 -93
Exhibit "A"
Page 15 of 15