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CC RES 1992-118RESOLUTION NO. 92 -118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEALS, THEREBY UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF REVISIONS TO CONDITIONAL USE PERMIT NO. 1621 COASTAL PERMIT NO. 103, AND GRADING PERMIT NO. 1541 FOR A RESIDENTIAL PLANNED DEVELOPMENT AND PUBLIC OPEN SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004 IN COASTAL SUBREGIONS 7 AND 81 WHICH IS PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes adopted Resolution Nos. 92 -54, 92 -55, 92 -56, and 92 -57 approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 for a Residential Planned Development consisting of a total of eighty -three (83) single family dwelling units, an 18 hole golf course with clubhouse, and public open space on 258 acres in Coastal Subregions 7 and 8; and WHEREAS, within the ten (10) day appeal period, the approval of Coastal Permit No. 103 was appealed to the California Coastal Commission by four (4) local residents and by two (2) members of the Coastal Commission; and WHEREAS, on August 12, 1992, after finding substantial issue with the project as approved by the City Council, the California Coastal Commission denied Coastal Permit No. 103, directed the landowner to redesign the project to address the concerns raised by the Coastal Commission Staff and remanded the project back to the City of Rancho Palos Verdes for reconsideration; and WHEREAS, on October 9, 1992 the applicants, Palos Verdes Land Holdings and the Zuckerman Building Company submitted revised applications and a Draft Addendum to Environmental Impact Report No. 36 to the City which were deemed complete on October 19, 1992. The revised applications include additional public open space and a revised title report for the property which indicates the actual total project area to be 261.4 acres; and WHEREAS, after notice issued pursuant to the provisions of the City's Development Code, the Planning Commission held a public hearing on the revisions to the project applications and reviewed the Draft Addendum to EIR No. 36 on November 5, 1992, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, a Draft Addendum to Environmental Impact Report No. 36 was prepared in compliance with the requirements of the California Environmental Quality Act and the Planning Commission considered the information, conclusion and mitigation measures contained in said document prior to taking action on the revised project. After considering the information contained in the Draft Addendum to Environmental Impact Report No. 36, the Planning Commission adopted P.C. Resolution No. 92 -68, recommending approval of the document to the City Council; and WHEREAS, the Planning Commission adopted P.C. Resolution No. 92 -69 recommending approval of revisions to Vesting Tentative Tract Map Nos. 50666 and 50667 to the City Council, re- approving Tentative Parcel Map Nos. 20970 and 23004, and approving revisions to Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 with conditions; and WHEREAS, on November 6, 1992 and November 18, 1992, respectively, less than 15 days from the Planning Commission's action, the applicants, Palos Verdes Land Holdings Company and the Zuckerman Building Company, and Frank Angel representing the Sierra Club, California Native Plant Society, Coastal Conservation Coalition, Save Our Coastline 2000, and Andrew H. Sargent, each submitted an appeal of the Planning Commission's decision to the City Council; and WHEREAS, after notice issued pursuant to the provisions of the City's Development Code, the City Council of the City of Rancho Palos Verdes held a public hearing on December 7, 1992 to review the consider the Draft Addendum to Environmental Impact Report No. 36, the revisions to the project applications, and the appeals, 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 the Draft Addendum to Environmental Impact Report No. 36 prepared in association with the revised project as conditioned, the project mitigates or reduces to the extent feasible significant adverse effects to adjacent properties or the permitted uses thereof. 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. 92 -115 including the detailed statement of overriding considerations, is hereby made a part of this resolution, by reference, pursuant to the California Environmental Quality Act. Section 2: Pursuant to Sections 17.06.030 and 17.56.060 of the Development Code, the City Council, in approving the revisions to the conditional use permit to implement the Residential Planned Development, finds as follows: A. That the proposed uses are consistent with the General Plan and its objectives. The General Plan land use map designates almost the entire project site as Residential, with a maximum density of one dwelling unit per acre, and shows the coastal bluffs as hazard areas. The General Plan provides for additional commercial recreational uses within the City as appropriate to a particular location, including golf, equestrian, tennis and other recreational activities, and designates the City's entire coastal area as a specific plan district. With 83 residential units on approximately 87.9 acres, the density is below one dwelling unit per acre and, therefore, consistent with the General Plan. Further, the Council finds 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. Resolution No. 92 -118 Page 2 of 6 B. That the proposed uses are consistent with the Coastal Specific Plan and its objectives and requirements. 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, in the natural drainage courses and certain areas north of Paseo del Mar with slopes in excess of 35 percent, (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 83 residential units on approximately 87.9 acres, the density is below one dwelling unit per acre and, therefore, consistent with the Coastal Specific Plan. In support of its finding regarding consistency with the Coastal Specific Plan, the Council makes the following findings with respect to certain policies of the Coastal Specific Plan: (1) That the provision of a bluff road as provided in the Coastal Specific Plan and depicted on Figure 24 of the Coastal Specific Plan is infeasible due to geologic and geotechnical constraints affecting the property and because such a road would require substantial alteration to the natural canyon area on the western portion of the property commonly known as "Forrestal Canyon ". The City geologist and geotechnical engineer have each concluded that the land upon which such a road would be built has not demonstrated sufficient stability to warrant the construction of a permanent road in that location. As an alternative, the project features a long bluff road cul de sac taking access off of Paseo del Mar and the vacation of the central portion of Paseo del Mar. There are no homes located seaward of this bluff road. The Council finds that this bluff road taking access off of Paseo del Mar partially satisfies the intent of Coastal Specific Plan Subregion 7 Policy No. 19, which requires a bluff road, where feasible, in the area between the Portuguese Bend Club and La Rotonda Drive, and 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 No. 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 contains a public pedestrian trail along the entire length of the corridor, and an off -road bicycle trail through the central portion of the project site. The City Council finds that the average width of the Bluff Top Corridor is similar in area to any coastal bluff road which would otherwise be constructed, if geologically feasible, pursuant to Policy No. 19 of the Coastal Specific Plan. (2) 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. Resolution No. 92 -118 Page 3 of 6 (3) That the residential development and related improvements are consistent with the Coastal Specific Plan policy that limits coverage (excluding streets) to a maximum of 25 percent of the buildable area. (4) That the golf course and related uses are consistent with the Coastal Specific Plan policy that requires the area seaward of corridor improvements to be improved and either dedicated or permanently maintained for public use. :Section 17.06.040.0.8 of the Development Code implements this policy and requires that this area 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 public paths, trails, parking and recreational areas will be improved by the applicants and offered to the City for dedication and the golf course area will be improved by the applicants and permanently maintained through deed restriction for public use. The Council specifically finds that the deed restriction on the golf course land constitutes permanently maintained public open space. Neither the Coastal Specific Plan nor Development Code expressly prohibit active public recreational uses, or require only passive public uses, for the area seaward of the corridor improvements. C. That the proposed residential use is specifically permitted and the proposed residential density is consistent with the Residential Single Family, One Unit Per Acre (RS -1) zoning designation and the requirements of a Residential Planned Development (RPD) special district, as shown on the City's Official Zoning Map. The project provides a minimum of thirty percent of the Residential Planned Development as common open space, which open space is sited in a manner that is accessible to viewing by the general public from public roads and walkways and preserves views to the coast. D. That given the adjacent land uses and the project's location and design, as modified herein, and conditions imposed through this permit, the 261.4 acre site is adequate in size and configuration to accommodate the proposed uses including a Residential Planned Development and golf course, and that the Residential Planned Development complies, or is conditioned to be consistent with, the Development Standards contained in Development Code Section 17.06.040. E. That given the adjacent land uses and the project's location and design, as modified herein, and the conditions imposed by Conditional Use Permit No. 163, as revised and attached hereto and incorporated herein by reference, the site is adequate in lot size and configuration to accommodate the golf course, clubhouse and related facilities. F. 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. Resolution No. 92 -118 Page 4 of 6 G. That, given the site location, project design, and conditions imposed through this permit and attached hereto as Exhibit "A", including setbacks, heights, lighting, landscaping, fencing and other conditions, the proposed use will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger, or otherwise constitute a menace to the public health, safety, and welfare of persons in the surrounding area. H. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. The City Council finds that the social, recreational, and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. The project implements the RS -1 /RPD designation of the site as shown in the Official Zoning Map, General Plan, and Coastal Specific Plan, while preserving a minimum of thirty (30) percent of each tract as common open space, exclusive of the golf course uses, with public parking, trails, and vista points that will provide public recreational opportunities and preserve public vistas and habitat areas. Due to overriding benefits and considerations, the City Council finds that any unavoidable adverse environmental impacts of the project are acceptable. Resolution No. 92 -115, including the detailed statement of overriding considerations and mitigation monitoring program, is made a part of this resolution, by reference, pursuant to the California Environmental Quality Act. Section 3: Pursuant to Section 17.67.060 of the Development Code, the City Council, in approving the revised coastal permit, finds as follows: A. That the subject use is in conformance with the Coastal Specific Plan, which designates the site as appropriate for Residential, floating Retail Commercial, Recreational Parking uses, visitor - serving uses, subject to a conditional use permit, and that the proposed project, as conditioned, preserves the view corridors identified in the visual corridors section of the Coastal Specific Plan. B. That the proposed project, which is located between the sea and the first public road, is in conformance with applicable public access and recreational policies of the Coastal Act and Coastal Specific Plan, in that the proposed project will provide public parking, open space, vista points, public parks, a Bluff Top Corridor with trails and public access to the coastline, and a public golf course. Section 4: Pursuant to Section 17.50.070 of the Development Code, the City Council, in approving the revised 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) creating the residential lots in such a fashion that development of homes on the lots will not adversely impact public and private views, (ii) constructing a links golf course in which preservation of natural open space is maximized and (iii) making 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. Resolution No. 92 -118 Page 5 of 6 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, and the grading for the residential lots will lower pad elevations to preserve views from adjacent properties and 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 5: All mitigation measures required in Environmental Impact Report No. 36, the Supplement to EIR No. 36, and the Draft Addendum to EIR No. 36 are hereby incorporated by reference into the conditions of approval for the revisions to the conditional use permit, coastal 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 denies the appeal thereby approving revisions to Conditional Use Permit No. 162, Coastal Permit No. 103, and Grading Permit No. 1541, subject to the 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. 23004/29070, the approval of Vesting Tentative Tract Map Nos. 50666/50667, and approval of the Addendum to Environmental Impact Report No. 36. PASSED, APPROVED and ADOPTED on this 7th day of December, 1992, MAYOR ATTEST: CI CLERK ST TE 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. 92 -118 was duly and regularly passed and adopted by the said City Council at a regular meeting held on December 7, 19920 Jo cell, City Clerk Cit of Rancho Palos Verdes AARECUP162.0T Resolution No. 92 -118 Page 6 of 6 "EXHIBIT A" CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT REVISIONS TO: CONDITIONAL USE PERMIT NO. 162 COASTAL PERMIT NO. 103 AND GRADING PERMIT NO, 1541 VESTING TENTATIVE TRACT MAP NO3. 50666/50667 TENTATIVE PARCEL MAP NOS. 20970/23004 I. GENERAL CONDITIONS A. DEVELOPER AGREEMENT 1. Within thirty (30) days of approval of the Conditional Use Permits, Coastal Permit and Grading Permit, the developer shall submit, in writing, a statement that they have read, understand and agree to all of the conditions of approval contained in this exhibit. 2. Approval of the Conditional Use Permits, Coastal Permit and Grading Permit is subject to the approval of Vesting Tentative Tract Map Nos. 50666 and 50667 and Tentative Parcel Map Nos. 20970 and 23004. 3. The developer shall participate in a proportionate share of any City Housing Element program that is in place at the time that the finished tract grading is certified. The determination of the developer's fair share shall be determined by the appropriate individual or entity, in accordance with such housing programs and with appropriate appeal rights. This requirement is separate and distinct from a similar requirement contained in the conditions of approval for Conditional Use Permit No. 163. 4. 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. 5. 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. 6. This approval is conditioned upon the applicant entering into an agreement with the City of Rancho Palos Verdes within twenty (20) days of the date of this approval, subject to approval by the City Attorney, to indemnify and defend the City against all damages, claims, judgements, and litigation costs, including, without limitation, attorney's fees awarded to a prevailing party, arising from the approval of the project and all issues related thereto. B. CONSTRUCTION PLAN 1. Prior to the issuance of grading permits, a construction plan shall be submitted to the Director of Environmental Services 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. 2. The use of a rock crusher on the site is prohibited. 3 . 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. 4. Flagmen shall be used during all construction activities as required by the Director of Public Works. 5. 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 Environmental Services for review and approval. Methods may include, but shall not be limited to, on -site watering and vegetative planting. 6. Noncompliance with the above construction and /or grading restrictions shall be grounds for the City to stop work immediately on the property. C. COMPLETION PER APPROVED PLANS 1. The developer shall designate appropriate workable phases (portions of the development to include adjoining clusters of lots, their streets of access, finish grading phases, supporting off -site improvements and on -site drainage and utility improvements) that shall be approved by the Director of Environmental Services 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 Environmental Services. 3. Prior to the issuance of grading permits, the developer shall post a bond, cash deposit, or other City- approved security to guarantee substantial vegetative cover and maintenance of all finish graded lots which have not been sold for development. 4. No building permits shall be issued prior to finish grading within the workable phase of the site in which each lot is located and until the Director of Environmental Services has determined that all drainage facilities and common area and off -site improvements in the workable phase of the site and necessary for development of the phase in the approved construction plan and as depicted in the approved construction plan in which the lots or structures are located are completed, to the extent that the lots or structures are accessible and able to support development. 5. All lots within each approved workable phase of the tract shall be graded concurrently. D. GRADING 1. Prior to recordation of each Final 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. Resolution No. 92 -118 Exhibit "A" Page 2 of 15 2. Prior to issuance of grading permits or recordation of each Final Tract 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 reports) and shall specifically be approved by the geologist and /or soils engineer and comply with all recommendations submitted by them. It shall also be consistent with the tentative tract map and conditions as approved by the City. 30 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 Environmental Services' 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). 90 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. 100 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. 110 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. 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. Resolution No. 92 -118 Exhibit "A" Page 3 of 15 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 Environmental Services, 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 the tract shall exceed 2:1, unless approved by the Director of Environmental Services. 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 Environmental Services may approve an alternative material or method to control erosion. 18. Where feasible, and subject to the review and approval of the Director of Environmental Services 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 Environmental Services 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. 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 where off -site grading for trails is proposed or may result. 23. 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, subject to the review and approval of the Director of Environmental Services-, Resolution No. 92 -118 Exhibit "A" Page 4 of 15 E. LANDSCAPING 1. Prior to issuance of grading permits, the developer shall submit a final landscape and irrigation plan to the Director of Environmental Services for review and approval of all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails. The-final landscape and irrigation plan shall conform to the California State Model Water Efficient Landsacpe Oridnance (per State Assembly Bill 325) and shall include the following: a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right -of -way are not affected and so that solar access to all dwelling units is protected. c. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height. d. The re- seeding and re- establishment of natural plant species for all of the disturbed common open space areas. Said plan shall include site specific and non - invasive species, and shall be reviewed and commented on by the project biologist and interested parties, and shall be subject to the approval of the Director of Environmental Services. 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. 2. Within 30 days after Final Map approval, or before sale of any individual lot, whichever occurs first, the developer shall submit to the City a Covenant to Maintain Property to protect views for each lot. All fees associated with recording said covenants shall be paid by the developer. F. TRACT FENCING PLANS 1. A complete project fencing plan for each tract included in this approval (including public trails, habitat areas, warning signage, and proposed fence and wall details) shall be reviewed and approved by the Director of Environmental Services 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 Resolution No. 92 -118 Exhibit "A" Page 5 of 15 each workable phase. Said fencing plans shall incorporate the following: a. A 42 inch high pipe rail fence or similar fencing of su .table 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 Environmental Services. 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 Environmental Services shall be installed. Fencing of all enhancement areas shall also be required, subject to the review and approval of the Director of Environmental Services. Said fencing shall satisfy all requirements of the project biologist, incorporate a method to prevent domesticated animals from entering the habitat ares, 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. Vestina Tentative Tract Ma= . 50666 1) A decorative, minimum height five (5) feet, maximum height six (6) feet fence which allows a minimum of 90% light and air to pass through shall be required along all streetside setbacks and rear property lines. If not specifically addressed above, said fencing shall be required along all property lines directly abutting common open space or adjacent to the proposed golf course. Said fencing shall meet the minimum standard design requirements of pool fencing. Any change to this criteria must be approved by the Director of Environmental Services, 2) A decorative, minimum height five (5) feet, maximum height six (6) feet fence which allows a minimum of 90% light and air to pass through shall be required within the rear yard setback (rear and side property lines) areas on Lots 1 -6, 14 -17, and 21 -37. Said fencing shall meet the minimum standard design requirements for pool fencing. Any change to this criteria must be approved by the Director of Environmental Services. d. Vesting Tentative Tract Map No. 50667 1) Except for Lots 17 -20, five (5) feet, maximum allows a minimum of 90% shall be required along along all rear property also be required along of Lots 31, 33, 36, 37, a decorative, minimum height height six (6) feet fence which light and air to pass through all streetside setbacks and lines. Said fencing shall the western side property line and 39 and along the eastern Resolution No. 92 -118 Exhibit "A" Page 6 of 15 side property line of Lots 32, 34, and 38. If not specifically addressed above, said fencing shall be required for all property lines directly abutting common open space or adjacent to the proposed golf course. Said fencing shall meet the minimum standard design requirements of pool fencing. Any change to this criteria must be approved by the Director of Environmental Services. 2) A decorative, minimum height five (5) feet, maximum height six (6) feet fence which allows a minimum of 90% light and air to pass through shall be required within the rear yard setback (rear and side property lines) areas on Lots 1 -6, 14 -17, 21 -37, and 41 -43. Said fencing shall meet the minimum standard design requirements for pool fencing. Any change to this criteria must be approved by the Director of Environmental Services. 3) A decorative uniform wall or fence shall be required along the rear property lines of Lots 17 -20. 4) A decorative, minimum height five (5) feet, maximum height six (6) feet fence which allows a minimum of 90% light and air to pass through shall be required on that portion of Lot H abutting Street "C" and the adjacent side property lines of Lots 6 and 7. 2. Chain link or other wire fencing is prohibited on any portion of any lot within the tract, except as otherwise required by the project biologist for habitat protection. 3. Except as provided in Condition F1b4 above, within the front and streetside setback areas, fences, walls, or hedges up to a maximum of 24 inches in height shall be permitted. G. TRAILS PLAN IMPLEMENTATION 1. Prior to issuance of any grading permit, or prior to recordation of any final map, whichever occurs first, the developer shall submit a detailed public amenities plan, including signage, specific design standards and placement for all trails, vista points and parking facilities, facilities to accommodate radio controlled silent glider planes, and other amenities consistent with the Conceptual Trails Plan and subject to the review of the Recreation.and Parks Committee, the Director of Environmental Services, 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. 2. Dedication of the public trails shall occur at the time any Final Map is recorded. 3. Construction of the public trails shall be the obligation of the developer. Construction shall coincide with the project grading activity for each approved workable phase within each tract and shall be completed upon acceptance of street improvements within each tract. Resolution No. 92 -118 Exhibit "A" Page 7 of 15 H. MITIGATION MEASURES 1. The development shall comply with all mitigation measures of Environmental Impact Report No. 36. Where more restrictive language appears in these conditions of approval, the more restrictive language shall control. 2. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the Developer. DEVELOPMENT OF INDIVIDUAL LOTS I. NUMBER OF RESIDENTIAL UNITS J. K. 1. No more than forty (40) single family residential units shall be permitted in Tract 50666 and no more than forty -three (43) single family residential units shall be permitted in Tract 50667, PROJECT DESIGN 1. Prior to the issuance of grading permits, a f inal tract site plan shall be submitted to the Director of Environmental Services for review and approval, identifying the location of all lots, streets and other lot improvements including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on Vesting Tentative Tract Map Nos. 50666 and 50667. 2. All residential development shall conform to the specific standards contained in this permit or, if not addressed herein, the RS -1 (RPD) development standards of the Development Code shall apply. 3. Any significant changes in the development characteristics of the Residential Planned Development, including but not limited to the number of dwelling units, street and lot configuration or modifications to the finished contours, shall require that an application for a major revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification and any items reasonably related to the request, and shall be subject to approval by the Planning Commission. Before any minor changes are made to the Residential Planned Development, the Director of Environmental Services shall report to the Planning Commission a determination of significance. 4. Developer's of individual properties shall participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and /or construction plans for each individual residence are submitted to the City for review. 5. No grading or construction of permanent structures on any individual lot shall be allowed closer than twenty -five (25) feet to the Coastal Setback Zone. COMMON OPEN SPACE BONDS 1. A minimum of 30% of the acreage of each residential Tract 50666 and 50667, exclusive of the golf course area shall remain as common open space. 2. Prior to recordation of each Final 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 common area improvements including: rough grading, Resolution No. 92 -118 Exhibit "A" Page 8 of 15 landscaping, irrigation, public trails, drainage facilities, and other site features as per approved plans. L. CC &Rs 1. Prior to approval of the final map, copies of Covenants, Conditions and Restrictions (CC &R's) shall be submitted to the Director of Environmental Services and the City Attorney for review and approval. Said CC &R's shall reflect standards provided in Chapter 17.14 (Homeowners' Association) of the Development Code, including those items identified herein, and any applicable conditions of Vesting Tentative Tract Map Nos. 50666 and 50667. 2. All necessary legal agreements and documents, including Homeowners' Association, deed restrictions, covenants, dedication of development rights, public easements, and proposed methods of maintenance and perpetuation of all on -site drainage facilities and any other hydrological improvements shall be submitted and approved by the City Attorney and the Director of Environmental Services prior to approval of each Final Map. Said CC &R's shall include, but not be limited to, the following provisions: a. All provisions required by Section 17.14 (Homeowners' Association) of the City's Development Code. b. Membership in the Homeowners' Association shall be inseparable from ownership in the - individual lots. C. Identification of all materials which affect structure appearance and use restrictions, including but not limited to architectural controls, structure and roof materials, exterior finishes, walls /fences, exterior lighting, and the standards of development contained in subsections M through V of this document (Grading, Development Plans for Construction of Individual Residences, Private Lot Open Space, Setbacks, Minimum Open Space Requirements of Individual Residences, Building Facades and Roof lines, Heights, Lighting, and Appliances). A manual containing this information shall be provided by the developer and /or Homeowners' Association to each individual landowner upon purchase of any lot or residence. d. All future residential structures, accessory structures, improvements, and /or landscaping shall be subject to review by the Director of Environmental Services and /or "DRC" as described below in Condition N1 and construction and installations of said structures and improvements shall conform to the City- approved plans. e. Dedicate to the City the right to prohibit construction of residential structures on slopes greater than a 3:1 gradient, except for Lots in Tract 50667 where the building pad is split by 2:1 transitional slopes. f. Exterior.residential lighting shall be limited to the standards of Environmental Protection set forth in Section 17.54 of the City Development Code. g. Lot coverage, setback, height and private open space shall comply with the requirements for each residential structure as detailed in these Conditions of Approval. Resolution No. 92 -118 Exhibit "A" Page 9 of 15 h. Requirements for solar installations shall conform to the Development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.57 of the Development Code. i. All landscaping (including parkway trees) shall be selected and maintained so that no trees or group of trees obstructs views from the public right -of -way or adjacent properties consistent with City Council policy regarding street trees. j. No landscaping or accessory structure shall block or significantly obstruct solar access to any lot. k. The outlet structures for the on -site drainage improvements shall be preserved and maintained by the City through the establishment of a maintenance district comprised of the members of the Homeowner's Association. A note to this effect shall be placed on each Final Map. 1. All owner /tenants of lots where storm water flows to the rear yard shall be responsible for preventing obstruction to flows to the rear yard storm drain and to ensure that the rear yard storm drains remain accessible for periodic maintenance by the Los Angeles County Department of Public Works. M. Information detailing covenants prohibiting the developer and any successors in interest of the developer, including but not limited to, any purchaser of an individual lot in this subdivision, from contesting the formation of a maintenance district, referred to in subsection L.2.k. above and in Condition Nos. H5 and 03 of Resolution No. 92 -116 and Condition Nos. H5 and 02 of Resolution No. 92 -117. n. Identification of all public trail easements for pedestrian use. The CC &R's shall also prohibit individually owned structures, accessory structures, fences, walls, hedges, landscaping or any other such obstacle within said trail easements without the written approval from the City Council of the City of Rancho Palos Verdes. 3. Within thirty (30) days following recordation of the CC &R's, the developer shall submit a recorded copy of the document to the Director of Environmental Services. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Remedial grading, consisting of over - excavation and recompaction for geologic stability which will not alter the contours shown on the approved tract grading plan shall be subject to review and approval by the Director of Environmental Services. In addition, grading of up to 1,000 cubic yards for residential use of an individual lot shall be subject to review and approval by the Director of Environmental Services. Grading in excess of 1,000 cubic yards, or grading to alter the finished pad elevations shall require approval by the Planning Commission. 2. No construction and /or grading on individual lots, except for 2:1 transitional slopes between split level pad areas on the same lot, shall be permitted on 3:1 or greater slopes. 3. All retaining walls shall be subject to review and approval by the Director of Environmental Services with subsequent reporting to the Planning Commission, if required, for review and approval pursuant to Section 17.50 of the City Development Code. Resolution No. 92 -118 Exhibit "A" Page 10 of 15 4. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907 -i. N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Prior to issuance of any grading or construction permits for individual lots subsequent to the completion of finished pads, final improvement plans for the particular lot and structure shall be submitted to the Director of Environmental Services and /or Design Review Committee ("DRC") or similar body as described below in Condition N5 for review and approval. Said plans shall include, but are not limited to, plot plan, section and elevation drawings, grading and exterior lighting plans. The plot plan shall clearly show existing and proposed topography, all proposed structures, all easements and setbacks. The section and elevation drawings shall clearly indicate maximum proposed height and ridge elevation for all structures, fences, walls, accessory structures, and equipment. 2. Unless otherwise specified in these conditions of approval, all structures and development on individual lots shall comply with RS -1 (RPD) development standards. 3. All fencing along interior side and front property lines, if not otherwise addressed in Sections F1, F2, and F3 above, shall conform with Section 17.42 of the Rancho Palos Verdes Development Code. 4. Chain link or other wire fence is prohibited on any portion of any lot, except as otherwise required by project biologist for habitat protection. 5. Developer's of individual properties shall participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and construction plans for each individual residence are submitted. 6. Development and construction plans for each individual residence shall comply with the standards and conditions set forth in the "Design Guidelines" for the tract and shall be incorporated within the CC &R's for each tract and attached hereto as Exhibit "B" and hereby included as a condition of approval. Requests for approval of individual residences shall be reviewed for compliance with said conditions and "Design Guidelines" by the Director of Environmental Services and /or any Design Review Committee ( "DRC") in place at the time development applications for individual residences are-submitted. 7. Upon submittal of proposed development and construction plans for each individual residence to the Director of Environmental Services as described above in Condition N1, individual property owners shall provide written approval of the proposed development obtained from the established Homeowner's Association or any Homeowner's Association Architectural Committee. 0. PRIVATE LOT OPEN SPACE 1. Each residential lot shall provide a private outdoor living area in an amount not less than four hundred (400) square feet for each bedroom in the unit. This area shall be adjacent to and provide a private, usable area for each dwelling unit. Resolution No. 92 -118 Exhibit "A" Page 11 of 15 P. SETBACKS 1. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50666: a. Except for Lot 12, the minimum front yard setback for all structures on an individual lot shall be thirty -five (35) feet. On Lot 12, the minimum front yard setback for all structures shall be thirty (30) feet. b. The minimum rear yard setback for all structures on an individual lot shall be thirty -five (35) feet. C. On Lots 1, 9 -11, 15 -17, 23 -24, 30 -31, and 33 -40, the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of thirty -five (35) feet on both sides. d. On Lots 2 -8, the minimum interior side yard setback shall be fifteen (15) feet on one side, with a minimum total of forty (40) feet on both sides. e. On Lots 12 -14, 18 -22, and 25 -29, the minimum interior side yard setback shall be ten (10) feet on one side, with a minimum total of thirty (30) feet on both sides. f. On Lot 32, the minimum interior side yard setback shall be fifteen (15) feet with a minimum total of thirty (30) feet on both sides. g. The minimum street side setback shall be twenty (20) feet. 2. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50667: a. Except for Lots 5 -13 and 15 -20, the minimum front yard setback for all structures on an individual lot shall be thirty -five (35) feet. On Lots 5 -13 and 15 -20, the minimum front yard setback for all structures on an individual lot shall be twenty -five ( 2 5 ) feet. b. Except for Lots 5 -13, 15, 20, and 38 -40, the minimum rear yard setback for all structures on an individual lot shall be thirty -five (35) feet. On Lots 5 -13, 15, 20, and 38 -40, the minimum rear yard setback for all structures on an individual lot shall be twenty -five (25) feet. C. On Lots 1 -4, 14 -16, and 38 -43, the minimum interior side yard setback shall be fifteen (15) feet, with a minimum total of forty (40) feet on both sides. d. On Lots 5 -13, 17 -20, and 23 -33, the minimum interior side yard setback shall be ten (10) feet, with a minimum total of thirty (30) feet on both sides. e. On Lots 21 -22 and 34 -37, the minimum interior side yard setback shall be fifteen (15 ) feet, with a minimum total of thirty -five (35) feet on both sides. f. The minimum street side setback shall be twenty (20) feet. Resolution No. 92 -118 Exhibit "A" Page 12 of 15 3. Any other architectural features or appurtenances shall conform to Section 17.40.030 (E) of the Rancho Palos Verdes Development Code. 4. Except for driveways and parking areas, all of the required front and street -side setback areas shall be landscaped. Driveways and parking areas shall not cover more than fifty (50) percent of the required front or streetside setback areas. 5. Except as described below in Condition P6, no minor or accessory structures, including but not limited to pool equipment and trash enclosures, shall be permitted within any required setback area. 6. Trash enclosures and other minor equipment may be permitted within any interior sideyard setback area adjacent to the structure, subject to review and approval of a Minor Exception Permit. Q. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES 10 The minimum open space requirement for all lots shall not be less than 60 percent of the lot. Lot coverage shall include the building footprint, driveway and parking area, covered patios, covered walkways, and other accessory structures. 2. In addition, the following limitations apply to habitable area of each structure, dependant on the size of the lot on which the structure is located: LOT SIZE MAXIMUM MAXIMUM (RANGE) HABITABLE SPACE HABITABLE SPACE SQUARE FOOTAGE (RANGE) 6,000 SQUARE FEET 15,000 - 19,999 SQUARE FEET 30% 20,000 - 24,999 SQUARE FEET 30% 7,500 SQUARE FEET 25,000 SQUARE FEET OR GREATER 30% 10,000 SQUARE FEET NOTES: a. Lot sizes are based on calculated gross square footag e. b. Maximum Habitable Space includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non - habitable basements per the Building Code. C. No structure on any residential lot(s) shall exceed a maximum of 10,000 square feet. 3. Requests to modify the permitted habitable square footage per lot size category are subject to a Major Conditional Use Permit revision. Resolution No. 92 -118 Exhibit "A" Page 13 of 15 R. S. T. BUILDING FACADES AND ROOFLINES 1. In order to avoid solid, two story facades on any structure, no unbroken, vertical two -story facades shall be allowed on the front and rear elevations of the residences. The upper level shall be a minimum of twenty (20) percent smaller than the footprint of the structure. In no case should the setback area on the upper level be less than six (6) feet. This area shall be setback from the lower level on both the front and rear elevation of each structure. The setback may only be used as a roof area or an uncovered deck or balcony, 2. The roof of the main structure on each residence shall have a pitch of at least 2 in 12, except where it is necessary to have small areas with less pitch in order to comply with Building Code criteria. 310 On Lots 16 -24 within Vesting Tentative Tract No. 50666, the main ridge of the structure shall be parallel to the side property line and generally perpendicular to Palos Verdes Drive South. 4. On Lots 21, 22, and 37 -40 within Vesting Tentative Tract No. 50667, the main ridge of the structure shall be perpendicular to Palos Verdes Drive South. 5. Roofing materials shall be Class A and non - combustible. HEIGHTS 1. For purposes of identifying lot types and approved heights for all primary structures within VTM 50666, Lot 1 and Lots 9 -40 are designated as Lot Type A. Lots 2 -8 are designated Lot Type C. 2. For purposes of identifying lot types and approved heights for all primary structures within VTM 50667, Lots 11 -13, 21, and 22 are designated as Lot Type A. Lots 1 -10, 14 -20, 23 -25, and 38 -43 are designated Lot Type B. Lots 36 and 37 are designated Lot Type D. 3. Building heights for all residential structures are limited as follows: Lot Type A: 16 feet Lot Type B: 16 feet upslope /28 feet downslope Lot Type C: 26 feet Lot Type D: 16 feet upslope/28 feet downslope 2. All heights shall be measured pursuant to View Preservation and Restoration Section 17.02.040 of the Development Code. 3. Accessory structures shall conform to Section 17.40.050 (C) of the Rancho Palos Verdes Development Code. SOLAR SYSTEM 1. All dwelling units shall be designed and constructed so that the plumbing and circulation system will allow utilization of solar energy as part of the hybrid system for providing hot water. Solar panels shall not exceed the ridgeline of the structure on which they are - placed, Resolution No. 92 -118 Exhibit "A" Page 14 of 15 2. All proposed solar installation shall be reviewed by the Director of Environmental Services for consistency with the provisions of the Development Code. U. LIGHTING 1. Exterior residential lighting shall be limited to the standards of Section 17.54.030 of the Development Code. 2. A typical residential unit lighting plan shall be submitted to the Director of Environmental Services for review and approval prior to issuance of-building permits, and there shall be no direct offsite illumination from any light source. V. APPLIANCES 1. All units shall be required to install and maintain in proper working order an electronic garage door opener for each garage door. 2. All units shall be required to install and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads. W. PERMIT EXPIRATION AND COMPLETION DEADLINE 1. If finished grading and construction of the streets and utilities have not been completed and accepted within two (2) years from the date of recordation of each Final Map, Conditional Use Permit No. 162 shall expire and be of no further effect, unless, prior to expiration, a written request for extension pursuant to Section 17.56.080 of the City's Development Code is filed with the Department of Environmental Services and is granted by the Planning Commission. Otherwise, a new Conditional Use Permit must be approved prior to further development of the tracts. Resolution No. 92 -118 Exhibit "A" Page 15 of 15