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CC RES 1992-057RESOLUTION NO, 92 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 1631 COASTAL PERMIT NO. 103, AND GRADING PERMIT NO. 1541 FOR A GOLF COURSE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004 IN COASTAL SUBREGIONS 7 AND 8. WHEREAS, the Zuckerman family and Palos Verdes Land Holdings Company have requested conditional use permits, a coastal permit, and a grading permit to construct a golf course, clubhouse and related facilities within the two tracts and common open space, on portions of the 258 acre site in Coastal Subregions 7 and 8, pursuant to the provisions of the Rancho Palos Verdes Development Code; and WHEREAS, after notice issued pursuant to the provisions of the City's Development Code, the Planning Commission has held a public hearing on the environmental documentation concerning of these applications on the Draft Environmental Impact Report on July 23, and on the project applications on August 13, August 27, November 12, 1991, and January 14, January 28, February 25, and March 19, 1992, at which time all interested parties were given an opportunity to be heard and present evidence. WHEREAS, Draft and Supplemental Environmental Impact Reports were prepared and circulated in compliance with the California Environmental Quality Act and the Planning Commission considered the information, conclusions and mitigation measures contained in these documents. Due to the nature and scope of the project and extensive hearings that were conducted by the Planning Commission, the Planning Commission determined that the needs of the community were best served by acting as an advisory committee to the City Council in forwarding the applications and environmental documentation with a recommendation that the City Council take final action to approve the project; and WHEREAS, on March 31, 1992, the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution Nos. 92 -23, 92 -24, 92 -25, 92 -26, and 92 -27 forwarding the environmental documentation and project applications to the City Council for final action with a recommendation for approval by the City Council of Vesting Tentative Tract Map Nos. 50666 and 50667 and Tentative Parcel Map Nos. 23004 and 29070 for a total of eighty -three (83) residential lots with common open space, parks, and trails and an 18 -hole public golf course within both tracts; and WHEREAS, On April 1, 1992, less than 15 days after the Planning Commission forwarded the environmental documentation and project applications to the City Council, the applicants, Palos Verdes Land Holdings Company and the Zuckerman family, submitted an appeal of the Planning Commission's recommended Conditions of Approval; 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 May 19, 1992, 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 environmental documentation prepared in association with the 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 -53 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 Section 17.56.060 of the Development Code, the City Council, in approving the conditional use permit, 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, 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. B. That the golf course and related 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 95 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 golf course and related uses are consistent with Coastal Specific Plan Policy #7 for Subregion 7, which states: "Ensure that any proposed commercial activity responds to the needs of the coastal.residents and shall not be of an intensity which would purposefully generate a service area external of the coastal region. '° Council f inds that the intent of the above policy is to limit traditional commercial development (such as retail and office uses) so as not to create a service area external to the coastal region and that such policy is not intended to apply to commercial recreational uses, which are Resolution No. 92 -57 Page 2 of 5 encouraged by the General Plan and Coastal Specific Plan. Council's interpretation of this policy is consistent with other policies in the Coastal Specific Plan and with Resolution 82 -24, which adopted Coastal Specific Plan Amendment No. 1 and specifically authorized visitor = serving uses, such as golf, in Subregion 7. (2) 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 golf course use is consistent with the City's Development Code as a conditionally - permitted use in any district when deemed to be necessary or desirable for the public convenience or welfare and when the use is not contrary to the General Plan or its objectives or contrary to the Coastal Specific Plan or its objectives and requirements. Public recreational uses, such as a golf course, are encouraged by policies of the Coastal Specific Plan and General Plan. A public golf course is necessary and desirable in that it will provide a cash surplus to the City, it will add to the views from adjacent properties and from Palos Verdes Drive South, it will permit expanded public access to the coast 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) & (B) above, it is not contrary to either the General Plan or the Coastal Specific Plan. D. and design, permit, the accommodate Development E. and design, Conditional is adequate course, clul That given the adjacent land uses and the project's location as modified herein, and conditions imposed through this 258 acre site is adequate in size and configuration to the proposed uses including a Residential Planned and golf course. That given the adjacent land uses and the project's location as modified herein, and the conditions imposed by Use Permit No. 163, attached hereto as Exhibit "A ", the site in lot size and configuration to accommodate the golf bhouse and related facilities. Resolution No. 92 -57 Page 3 of 5 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. 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, hours of operation, 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 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 17.67.060 of the Development Code, the City Council, in approving the 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 ocean 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, vista points, public parks, trails and public access to the coastline and along the bluff top, and a public golf course. Section 4: Pursuant to Section 17.50.070 of the Development Code, the City Council, in approving 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) constructing a links golf course in which preservation of natural open space is maximized and (ii) 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. 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. Resolution No. 92 -57 Page 4 of 5 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 and the Supplement to EIR No. 36 are hereby incorporated by reference into the conditions of approval for 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 approves Conditional Use Permit No. 163, 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 approval of Tentative Parcel Map Nos. 23004/29070 and Vesting Tentative Tract Map Nos. 50666/50667 and certification of Environmental Impact Report No. 36. PASSED, APPROVED and ADOPTED on this 1st day of June, 1992. ATTEST: CIT CLERK STAT 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 -57 was duly and regularly passed and adopted by'the said City Council at a regular meeting held on June 1, 1992. CIT CLERK C T OF RANCHO PALOS VERDES CUP163.REV Resolution No. 92 -57 Page 5 of 5 "EXHIBIT A" CONDITIONS OF APPROVAL FOR GOLF COURSE DEVELOPMENT CONDITIONAL USE PERMIT NO, 163 COASTAL PERMIT NO, 103 AND (iRADIN(; PERMIT NO, 1541 VESTING TENTATIVE TRACT MAP NO3, 50666 AND 50667 TENTATIVE PARCEL MAP NOS, 23004/29070 I. GENERAL CONDITIONS A. DEVELOPER AGREEMENT 1. Within thirty (30) days of approval of the Conditional Use Permits, Coastal Permit 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. Approval of the Conditional Use Permit, Coastal Permit and Grading Permit is subject to the approval of Tentative Parcel Map Nos. 23004 and 29070. 3. The developer shall participate in a proportionate share of any City Housing Element program that is in place at the time that the first building permit is issued for the Clubhouse or associated improvements. 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. 162. 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. The operator of the golf facilities shall participate in the City's recycling program. 7. 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 Environmental Services and Public Works. 8. 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. 9. 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. RESOL. NO. 92 -57 B. 10. 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. 11. 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. 12. 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. 13. 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. 14. The 18 -hole golf course with support facilities shall substantially conform to the plans reviewed and approved by the Planning Commission. 15. 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. 16. 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. 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 Environmental Services. 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 Resolution No. 92 -57 Exhibit "A" Page 2 of 15 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. 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. 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. 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 Environmental Services for up to one hundred twenty (120) 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 Environmental Services. Requests for extensions may be granted by the Director of Environmental Services for up to one hundred twenty (120) 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, facilities to accommodate radio controlled silent glider planes, and other amenities consistent with the Conceptual Trails Plan and subject to the review of the Resolution No. 92 -57 Exhibit "A" Page 3 of 15 E. 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. 4. Prior to the issuance of grading permits, a final site plan shall be submitted to the Director of Environmental Services for review and approval, 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 the issuance of building permits, the final clubhouse design shall be submitted to the Director of Environmental Services for review and approval. 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 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 Environmental Services shall report to the Planning Commission a determination of significance. 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 ( 2 4 ) 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 Environmental Services and is granted by the Planning Commission. Otherwise, a new Conditional Use Permit must be approved prior to further development. Resolution No. 92 -57 Exhibit "A" Page 4 of 15 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 Environmental Services immediately. All archaeological finds shall be first offered to the City for preservation. 2. A qualified paleontologist shall be present during all rough grading operations. If paleontological resources are found, all work in the affected area shall be stopped and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Environmental Services 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, the developer shall submit a Biological Resources Preservation Plan 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 system; or b. An agreement and other evidence satisfactory to the City Engineer indicating that the developer has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility a security guaranteeing payment for the installation of the water system. 2. There shall be filed with the City Engineer a statement from the purveyor indicating that the 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. Resolution No. 92 -57 Exhibit "A" Page 5 of 15 I. 3. There shall be filed with the City Engineer an unaualif ied "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 caualif ied "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 sat isf ied. 4. The development shall be served by adequately sized water system facilities which shall include fire hydrants of the size, type, and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the development. Domestic flow requirements shall be determined by the City Engineer. Fire flow requirements shall be determined by the Los Angeles County Fire Department, and evidence of approval by the Los Angeles County Fire Department is required prior to issuance of building permits. 5. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to the said structures. 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. Resolution No. 92 -57 Exhibit "A" Page 6 of 15 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 Environmental Services. J. 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. No construction of permanent structures shall be allowed closer than twenty -five ( 2 5 ) 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. 7. 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 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. Resolution No. 92 -57 Exhibit "A" Page 7 of 15 L. 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 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 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. 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 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. Resolution No. 92 -57 Exhibit "A" Page 8 of 15 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. 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 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 each parcel shall exceed 3:1, unless otherwise 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. Resolution No. 92 -57 Exhibit "A" Page 9 of 15 W 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 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. 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 Environmental Services and the Los Angeles County Health Department. 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. 25. 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. 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 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 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. Resolution No. 92 -57 Exhibit "A" Page 10 of 15 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 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. j. Where practical, transitional landscaping on graded slopes shall screen the project's night lighting as seen from surrounding areas. 2. Within 30 days after Final Map approval, or prior to issuance of building permits, whichever occurs first, the developer shall submit to the City a Covenant to Maintain Property to protect views. All fees associated with recording said covenant shall be paid by the developer. 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 Environmental Services 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 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. Resolution No. 92 -57 Exhibit "A" Page 11 of 15 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 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. O. 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. 92 -56. 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. P. MITIGATION MEASURES M 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. 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 Environmental Services for review and approval. Resolution No. 92 -57 Exhibit "A" Page 12 of 15 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 Environmental Services. 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 Environmental Services for review and approval and there shall be no direct offsite illumination from any light source. T. COASTAL PERMIT 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. 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 shall require 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 Environmental Services consistent with the conceptual site plans reviewed and approved by the Planning Commission as required by Condition D1. 30 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. Resolution No. 92 -57 Exhibit "A" Page 13 of 15 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. 5. All signage, including trail signage, shall be subject to a sign permit and subsequent review and approval by the Director of Environmental Services. 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. 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 Environmental Services as required by Condition No. N1. Resolution No. 92 -57 Exhibit "A" Page 14 of 15 GOLF 14. All retaining walls are subject to review and approval by the Director of Environmental Services. Unless otherwise provided, retaining walls shall conform to the criteria established in Section 17.50 of the Rancho Palos Verdes Development Code. Resolution No. 92 -57 Exhibit "A" Page 15 of 15