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CC RES 1991-043RESOLUTION NO. 91 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF CONDITIONAL USE PERMIT NO. 136, COASTAL PERMIT NO. 52, GRADING PERMIT NO. 1246, LOT LINE ADJUSTMENT NO. 38 AND ENVIRONMENTAL IMPACT REPORT NO. 29, THEREBY SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF A HOTEL AND CONFERENCE FACILITY AT 6610 PALOS VERDES DRIVE SOUTH. WHEREAS, the Monaghan Company requested a conditional use permit, coastal permit, grading permit and lot line adjustment to construct a hotel, conference/ community center, spa/ fitness center, two freestanding restaurants and a nine hole golf course on a 102 acre site known as Long Point; and WHEREAS, Draft and Final Environmental Impact Reports were prepared and circulated in compliance with the California Environmental Quality Act and the Planning Commission and City Council each considered the information, conclusions and mitigation measures contained in these documents in their approval of the proposed hotel project; and WHEREAS, the Planning Commission held a public hearing on the environmental review of project applications on December 11, 1990, and held public hearings on the project on February 4, February 26, March 26 and April 23, 1991, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, on April 23, 1991, the Planning Commission adopted P.C. Resolutions 91 -15 certifying Final Environmental Impact Report No. 29 and adopting the mitigation monitoring program, and P.C. Resolution No. 91 -16 approving a reduced scope hotel project, subject to conditions of approval; and ._WHEREAS, on May 6, 1991, Gar Goodson, for Save Our Coastline 2000, appealed the Planning Commission's approval of the conditional use permit and related applications to the City Council within the fifteen (15) day appeal period, claiming that the project is inconsistent with the City's General Plan and Coastal Specific Plan. WHEREAS, the City Council held a public hearing on the appeal on June 18, 1991, at which time all interested parties were given an opportunity to be heard and present evidence and continued the hearing to July 2, 1991 to receive additional written testimony. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: In denying the appeal and sustaining the Planning Commission approval of Conditional Use Permit No. 136, et. al., the City Council finds a s follows, A. That the proposed hotel and ancillary uses are consistent with the City's General Plan (adopted June 26, 1975), since the plan acknowledges the existing Commercial/ Recreational use of the site on pages 88 and 83 and discusses the future expansion of the commercial recreational activities on the site on page 84. In addition, the General Plan land use map designates the Long Point site as Commercial/ Recreational. B. While the Coastal Plan does not contemplate any specific use of the subject site, other than Marineland, the site is designated as Commercial/ Recreational in the General Plan and it does not prohibit development of the site for uses other than Marineland. In fact, the General Plan establishes general standards for development in commercial areas of the City, which includes the Marineland site and the adjacent 17 acre site (General Plan, p. 85). Thus, the General Plan designates the proposed site as Commercial/ Recreational and all the proposed uses are consistent with this designation. C. That the proposed hotel and ancillary uses are consistent with the City's Coastal Specific Plan (adopted December 19, 1978 and amended on May 24., 1983), since the plan acknowledges the existing Commercial/ Recreational use of the site on page S2 -5 and the future expansion of the commercial recreational uses on the site are also discussed on pages S2 -5 and S2 -8. In addition, the Coastal Specific land use map designates 84.7 acres of the site as Commercial/ Recreational. The remaining 17 acres (vacant Abalone Cove School site) was originally designated for Agriculture. However, this portion of the site was redesignated as Commercial/ Recreational on May 24, 1983, in order to obtain California Coastal Commission certification of the City's Local Coastal Program. D. That the proposed hotel and ancillary uses are consistent with the City's Official Zoning Map (adopted June 26, 1975), since this map designates the zoning district for the Long Point site as Commercial/ Recreational, E. The Coastal Specific Plan does not contemplate other uses for the Marineland site, but does recognize potential expansion of the Marineland facility and does not prohibit other development on the site. (Coastal Specific Plan, pp. S2 -8). The Coastal Plan also provides general standards for development of the subject project site (Coastal Specific Plan, pp. S2 -8). F. That neither the General Plan or Coastal Specific Plan anticipated the closure of Marineland and the potential for complete redevelopment of the site. Therefore, shortly after Marineland closed on February 11, 1987, the City Council - adopted development guidelines and amended Chapter 17.24 of the Resolution No. 91 -43 Page 2 Development Code to more clearly define the allowed uses in a Commercial/ Recreational zoning district. The development guidelines and the amendment to Development Code Chapter 17.24 reflect the City Council's interpretation that the General Plan and Coastal Specific Plan did not require amendment to reflect the closure of Marineland and that the Commercial/ Recreational zoning on the project site was still appropriate. The changes to the Development Code were certified by the California Coastal Commission on November 14, 1989 and were adopted by the City Council on January 30, 1990. Both the development guidelines and Development Code expressly permit a hotel and conference center and associated recreational amenities on the project site. G. That the proposed hotel and ancillary uses are visitor - serving, which include transient occupancy facilities, conference facilities, retail uses, restaurants and public recreational facilities in the form of a golf course, spa/ fitness center and public trails and vista points. The hotel will not include an oceanarium attraction. However, the project will provide public access to the bluffs and coastline, while still protecting the sensitive marine environment, and has been conditioned in the conditional use permit to incorporate a marine theme in there development of the Long Point property. These land uses are consistent with those specified on page S2 -8 of the Coastal Specific Plan and in Section 17.24.020 of the Development Code (permitted uses in a Commercial/ Recreational zone). H. While the primary designation for the subject site in the Coastal Specific Plan is for coastal dependent activities, the Plan recognizes that these uses may be impractical (Coastal Specific Plan, pp. U -17 and U -18). Thus, the Plan designates the site for Commercial/ Recreational uses and the proposed project is consistent with this land use designation. With respect to the 17 acre site, the Coastal Specific Plan, as amended on May 23, 1983, designates that area as Commercial/ Recreational. I. The General Plan adequately addresses population density and building intensity, which affect the commercial activity areas. Population projections are made in the General Plan which discuss the methodology employed (General Plan, pp. 198 -199). It was anticipated that commercial activity would comprise a small percentage of the City's total land area (General Plan, p.-196), with most of it in Commercial/ Recreational. Anticipated commercial retail use and office space expansion are discussed based on future retail demand, which is based on anticipated population demand. (General Plan, p. 198). Thus, the land use element of the General Plan is adequate. J. The circulation element is correlated to the land use element of the General Plan. An analysis of projected population, existing and proposed land use, and circulation resulted in a determination that no new arterials or collectors are needed, but may be added if future development demands it (General Plan, p. 121). Existing traffic volumes and projected volumes were Resolution No. 91 -43 Page 3 analyzed (General Plan, p. 122). The Coastal Specific Plan discusses the coastal region's arterials and traffic capacity (Coastal Specific Plan, p. U -401 U -41). Implementation of the Coastal Specific Plan and the impact on traffic is articulated (Coastal Specific Plan, p. U -44). The proposed project is within Subregion 2 of the Coastal Zone. Specifically, the Coastal Specific Plan's projections of increased number of dwelling units will generate increased traffic (Coastal Specific Plan, p. U- 44). The Plan presently states that "attractor /generators" or visitor serving uses will have a significant effect on weekend traffic (Coastal Specific Plan, p. U -44). The Plan-estimates that at full development the coastal region could show an increase of up to 5 miles of new streets (Coastal Specific Plan, p. U -44). Section 2: Pursuant to Section 17.56.060 of the Development Code, the City Council, in upholding the Planning Commission approval of the conditional use permit, finds as follows: A. That the subject use is specifically permitted in the Commercial Recreational District, as defined in Development Code Section 17.24.020, B. That given the adjacent land uses and the project's location and design as modified by the Planning Commission, the 102 acre site is adequate in lot size and configuration to accommodate the proposed project and the project complies, or is conditioned to be consistent with, the Development Standards contained in Development Code Section 17.24.020. C. 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, as reduced in scope and conditioned by the Planning Commission. D. That the proposed project, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof. Further, the City Council does hereby declare that Environmental Impact Report (EIR) No. 29 was certified by the Planning Commission per P.C. Resolution No. 91 -15 and by the City Council per Resolution No. 91 -42, in compliance with CEQA and State and local Guidelines, and that the Council has reviewed and considered the content of the EIR in reaching this decision. The City Council further finds that the social, recreational, economic and other benefits of the project outweigh any unavoidable adverse environmental impacts that may occur. The project implements the Commercial/ Recreational designation of the site in the General Plan, while preserving much of the site as recreational open space, with public trails and vista points and provides a high quality hotel development with a variety of ancillary uses that will provide public recreational opportunities, community meeting facilities and local jobs. Due to the overriding benefits and considerations, the City Council finds that any unavoidable adverse environmental impacts of the project are acceptable. Resolution No. 91 -42, including the Resolution No. 91 -43 Page 4 detailed statement of overriding considerations, is made part of this resolution, by reference, pursuant to the California Environmental Quality Act. E. That the subject use is in conformance with the General Plan for all the reasons set forth is Section 1 of this resolution, including, without limitation, the fact that the General Plan designates the site as appropriate for Commercial Recreational uses. F. That in requiring certain conditions of approval and mitigation measures f o r* the project, the City.. Council deems said requirements to be necessary to protect the health, safety and general welfare of the community. Section 3: Pursuant to Section 17.67.060 of the Development Code, the City Council, in upholding the Planning Commission approval of 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 Commercial Recreational uses and that the proposed project, as reduced _in scope and conditioned by the Planning Commission, preserves the view corridors identified in the visual corridors section of the Coastal Specific Plan. B. That the proposed projl sea and the first public road, public access and recreational that the proposed project will points, trails along the bluff coastlinee ect, which is located between the is in conformance with applicable policies of the Coastal Act, in provide public parking, vista top and an access point to the Section 4: Pursuant to Section 17.50.070 of the Development Code, the City Council, in upholding the Planning Commission approval of the grading permit, finds as follows: A. That the grading associated with the project is not excessive beyond that necessary for the permitted primary use of the property since the grading takes advantage of the existing topography and 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 relationship with, nor the views from neighboring sites, since the proposed grading will step the main hotel structure into the existing topographic depression on the southwest portion of the site, and will permit the majority of the parking required for the use to be placed in a subterranean parking structure to reduce the visual impact of the development and to preserve view corridors identified in the Coastal Specific Plan when viewed from Palos Verdes Drive South and adjacent properties. Resolution No. 91 -43 Page 5 C. That the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural, since the site was extensively graded in the past to form the building pads and parking lots for the Marineland development and the construction of the hotel and golf course will create a more natural, sloping topography on the site. Section 5: Pursuant to Section 17.24.040 of the Development Code, the City Council, in upholding the Planning Commission approval of the lot line adjustment, as further conditioned by the Council, finds a s follows. A. That the size and configuration of the three parcels proposed through the lot line adjustment, of which Parcel 3 (1.13 acres) is less than 20 acres in size, are compatible with the physical configuration of the property and the design of the proposed project. Section 6: For the foregoing reasons, and based on the information contained in the public record, including staff reports, resolutions, minutes and public testimony, the City Council of the City of Rancho Palos Verdes hereby denies the appeal of Conditional Use Permit No. 136, Coastal Permit No. 52, Grading Permit No. 1246, Lot Line Adjustment No.. 38 and Environmental Impact Report No. 29, thereby sustaining the action of the Planning Commission.and upholding P.C. Resolution 91 -15 and P.C. Resolution No. 91 -16, subject to the conditions of approval attached in Exhibit "A ". PASSED, APPROVED ATTEST: F CERK v E OF CALIFORNIA L TY OF LOS ANGELES ) CITY OF RANCHO PALOS VERDES? I. Jo Purcell, City Clerk of the City of Rancho Verdes, hereby certify that the above Resolution was duly and regularly passed and adopted by the Council at a regular meeting hereof held on July Palos No. 91 -42 said City 2, 1991. Resolution No. 91 -43 Page 6 EXHIBIT "A" LONG POINT CONDITIONS OF APPROVAL Conditional Use Permit No. 136, Grading No. 1246, Coastal Permit No. 52 and Lot Line Adjustment No. 38 A. DEVELOPER AGREEMENT y 1. Within thirty (30) days of approval, the developer shall submit in writing, a statement that he has read, understands and accepts all conditions of approval contained in this exhibit. 2.. The developer shall participate in a proportionate share of any City Housing Element program(s) that is in place at the time that the first building permit is issued for the main hotel structure. The determination of the developer's fair share shall be determined by the appropriate individual or entity, in accordance with such housing program and with appropriate appeal rights. 3. The developer shall participate in, and pay any fees required by, the City Public Art Program. A proposal for participation shall be submitted to the City prior to the issuance of grading permits. The developer may apply to the City for review and approval of a credit against the Public Art Program for art used in connection with the marine theme (as required in C5 below). 4. In compliance with Fish and Game.Code Section 711.4, the developer shall submit to the City, a cashier's check payable to the county recorder in the amount of $850 for a filing fee, and a cashier's check in the amount of $25 f or documentary handling fee within 48 hours of City approval of this permit. The developer shall also pay any fine imposed by the Department of Fish and Game, if required. 5. -'The developer shall, within one hundred twenty (120) days of City approval of this permit, provide the City with a narrative which outlines their proposal to address the City Council's policy to incorporate a marine theme in the redevelopment of the Long Point property. 6. The operator shall participate in the City's recycling program. 7. Deliveries utilizing vehicles over forty (40) feet in length shall be limited to the hours of 5:00 a.m. to 11:00 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. Long Point, Conditions of Approval July 2, 1991 8. Construction and grading activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction activity shall occur o.n Sundays or holidays without the prior written approval of the Director of Environmental Services. No on -site repair or delivery of equipment and /or materials shall be performed before 7:00 a.m. or after 4 :00 p.m. 9. The developer shall fund an alternative water source study in an amount not to exceed $50,000. The purpose of the study shall be to investigate the feasibility of developing various alternative water sources for the hotel development such as desalinization, reverse osmosis and other similar technology, water reclaimation, use of dewatering well sources, etc. 10. If the current drought conditions continues, 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 responsible agency shall determine the amount of the proportionate share by conducting the necessary studies. 110 If determined to be necessary by the Los Angeles County Fire District, due to the development of this hotel project, the developer shall provide a proportionate share of the capital costs including, without limitation, the costs of land acquisition or the equivalent amount. The 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 approval of this resolution, 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. D. LAND USE 1. The main hotel structure shall consist of no more than 390 guest rooms /units. An additional 50 rooms /units in the form of casitas or villas shall be permitted in a dispersed manner throughout the site. 2. The Periera Motel structure shall consist of no more than 10 guest rooms /units. That portion of the structure located seaward of the twenty -five (25) foot building setback line Resolution No. 91 -43, Exhibit "A" Page 2 Long Point, Conditions of Approval July 2, 1991 shall not be expanded with more than 250 square feet of new building floor area, without a variance. Expansion landward of the building setback line up to 5,000 square feet and up to the existing ridgeline height is permitted. 3. The conference/ community center shall not exceed 30,000 square feet in building floor area. 4. The spa/ fitness center shall not exceed 25,000 square feet in building floor area. Seven (7) standard size tennis courts and one (1) stadium tennis court are permitted in conjunction with the spa/ fitness center use. 5. The Galley West Restaurant structure shall not exceed 15,000 square feet in building floor area. Outdoor dining is permitted, subject to review and approval of parking plan required in Condition C3. b. The country market and cafe shall not exceed 10,000 square feet in building floor area. 7. The Catalina Room, Look Out Bar, Cafe/ Theater Building. and Baja Reef Dressing Rooms shall not be expanded with more than 250 square feet of new building floor area, without a variance. 8. The accessory buildings associated.with the golf course shall substantially conform to the plans reviewed by the Planning Commission and identified as Long Point Resort and Conference Center dated May 16, 1990. 9. The artificial lake associated with the golf course shall be permitted, subject to the conditions that it be lined to prevent percolation of water into the soil and that it is charged with reclaimed and appropriately treated water from the hotel after the lake is initially established. The reclaimed water stored in the artificial lake shall be used to supplement the irrigation requirements of the golf course permitted in Condition B13 and shall be consistent with the findings of the study required by Condition A9. The operation of the lake and the treatment of the reclaimed water shall be subject to all applicable health code requirements. If there are any violations in this condition of approval or if the lake creates a public nuisance at any time (visual appearance, smell, etc.), approval of the lake may be revoked through a public hearing before the Planning Commission where mitigation, including draining, filling and re- landscaping, may be considered. 10. Any significant changes in the operational characteristics of the development, including but not limited to significant changes to the site configuration, number of guest rooms, size or operation of the conference/ community center, spa/ fitness center or other ancillary use shall require that an Resolution No. 91 -43, Exhibit "A" Page 3 Long Point, Conditions of Approval July 2, 1991 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 of the Planning Commission. Before such changes are made, the Director of Environmental Services shall report to the Planning Commission a determination of significance. 11. Approval of the Conditional Use Permit is contingent upon the concurrent and continuous operation of the primary components of the project, which are the hotel, golf course and country market/ cafe. If either the hotel use or the golf course use are 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 designed as the country market/ cafe, 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. 12. The proposed heliport operations shall be permitted for a six (6) month trial period after the hotel is in operation, with the helipad to be located southwest of the core hotel. Shuttle operations shall be limited to daylight hours with emergency operations as necessary. Helicopter tours of the Palos Verdes Peninsula and surrounding environs are not permitted. During the six (6) month trial period, the operator shall provide the City with noise measurements pursuant to a noise monitoring program to be developed by the Director of Environmental Services. A report shall be presented to the Planning Commission at the end of the six (6) month trial period with a recommendation regarding continued operation with or without conditions or cessation of operations. Copies of all required State and Federal "-,agency permits shall be provided to the City prior to initiation of operations. After the six -month period and if the heliport operation is allowed to continue, the heliport shall be subject to an annual review before the Planning Commission and may be further conditioned or discontinued in the sole discretion of the Planning Commission, subject to the right of appeal to the City Council. 13. The nine (9) hole golf course with support facilities described in Condition B8, shall substantially conform to the plans reviewed by the Planning Commission and identified as Long Point Resort Hotel and Conference Center dated May 16, 1990. Resolution No. 91 -43, Exhibit "A" Page 4 Long Point, Conditions of Approval July 2, 1991 C. PROJECT DESIGN REVIEW 1. Within one hundred and twenty (120) days of City approval of this permit, the developer shall submit a revised description of the project components which fully comply with the approval granted by the City. Within this same time period, the developer shall submit conceptual site plan and elevations reflecting the approved scope of the project. The revised development 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. Requests for extensions may be granted by the Director of Environmental Services for up to one hundred and twenty (120) days. 2. Within one hundred and twenty (120) days of City approval of this permit, the developer shall submit to the City of Rancho Palos Verdes, a revised economic pro forma, projecting income to the City. Requests for extensions may be granted by the Director of Environmental Services for up to one hundred and twenty (120) days. 3. Within one hundred twenty (120) days of City approval of this permit, the developer shall submit a conceptual parking plan reflecting the parking design for the approved scope of the project, including a re- calculation of the number of required parking spaces for the hotel and ancillary uses, including any outdoor dining facilities. Requests for extensions may be granted by the Director of Environmental Services for up to one hundred and twenty (120) days. The amount of surface parking for the hotel and ancillary uses shall.be minimized, with the majority of the parking provided in the subterranean parking structure. The revised parking design shall include free public parking facilities in a minimum amount equal to 10% of the required parking spaces. Said public parking shall be provided in two surface parking lots, one located in the southeast portion of the site, adjacent to the trail down to the shoreline and ., one on the southwest portion of the site near the Baja Reef Dressing Room building. The project operator shall be permitted to close the public parking areas during the time between dusk and dawn. The revised parking plan shall be subject to the review and approval of the Director of Environmental Services, 4. Within ninety (90) days of City approval of this permit, the developer shall submit a conceptual golf course design reflecting coordination with the proposed 18 hole municipal golf course. Requests for extensions may be granted by the Director of Environmental Services for up to one hundred and twenty (120) days. The design shall include at least five (5) but not more than seven (7) holes of golf and the Resolution No. 91 -431 Exhibit "A" Page 5 Long Point, Conditions of Approval July 2, 1991 direction of play shall begin and end in the northwest portion of the site, adjacent to the L.A. County Fishing Access. This condition shall in no way be interpreted to deny the developer the ability to develop and operate the nine hole golf course as proposed by the developer. 5. Prior to the approval of the conceptual site plan by the Planning Commission, as referenced in Condition C1, the developer shall submit and receive approval of a public amenities plan, including specific design standards and placement for all trails, vista points and parking facilities, subject to the review the Trails Committee, the Director of Environmental Services and the Director of Parks and Recreation, and approval by the City Council. 6. Final construction plans for development shall be in substantial conformance with the conceptual plans required by Conditions Cl. D. PERMIT EXPIRATION 1. This permit shall expire within twenty -four (24) months from the date of City approval unless building permits for the main hotel structure have been applied for and are being diligently pursued. Extensions of up to one (1)- year may be granted by the Planning Commission if requested prior to expiration. 2. If construction has not been completed to the point of foundation inspection for the main hotel structure within twenty four (24) months from the date of building permit issuance, the Conditional Use Permit shall expire and be of no further effect, unless, prior to expiration, a written request for extension is filed with the Department of Environmental Services and is granted by the Planning Commission. otherwise a new conditional use permit must be approved prior to further development. E. MITIGATION MEASURES 1. The development shall comply with all mitigation measures of EIR No. 29 as listed in the attached Exhibit "B ", which are incorporated herein by this reference as conditions of approval. Where more restrictive language appears in the conditions of approval, the more restrictive language shall govern. 2. Prior to the issuance of building permits, the developer shall provide proof of offer(s) made to adjacent jurisdictions to mitigate project traffic impacts, as discussed in the mitigation monitoring program. Resolution No. 91 -43, Exhibit "A" Page 6 Long Point, Conditions of Approval July 2, 1991 Fo ARCHEOIAOGY 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. 2. A qualified paleontologist shall be present during all rough grading operations. If paleontological resources are found, all work in the affected area and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Environmental Services immediately. G. SEWERS 1. A bond, cash deposit, or combination thereof, shall be posted prior to the issuance of grading permits, to cover costs for construction of any required sanitary sewer system, in an amount to be determined by the City Engineer. 2. Prior to issuance of grading permits, the developer shall submit to the Director of Environmental Services, a written statement from the County Sanitation District accepting any new facility design and /or any system upgrades with regard to existing trunk line sewers. Said approval shall state all conditions of approval, if any. 3. Approval of this development is contingent upon the installation, dedication and use of local main line sewers, if required, prior to the issuance of building permits. -.4. If it is found that the requirements of the Plumbing Code cannot be met, no building permit will be issued for construction. 5. Sewer Easements are tentatively required, subject to review by the City Engineer, to determine the final locations and requirements. 6. Prior to issuance of grading permits, the developer shall submit to the City Engineer, a study analyzing the capacity of the existing sewer system and the impact from the development on the existing system. H. WATER 1. Prior to issuance of grading permits, the developer must submit a labor and materials bond in addition to either: Resolution No. 91 -43, Exhibit "A" Page 7 Long Point, Conditions of Approval July 2, 1991 A. An agreement and a faithful performance bond in the amount estimated by the City Engineer and guaranteeing the installation of the water system; or B. An agreement and other evidence satisfactory to the City Engineer indicating that the 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 security guaranteeing payment for the installation of the water system. 2. There shall be filed with the City Engineer a statement from the purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that, under normal operating conditions, the system will meet the needs of the development. 3. There shall be filed with the City Engineer an unqualified "will serve" statement from the purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six months prior to the issuance of the building permits for the main hotel structure. Should the developer receive a qualified will serve statement from the purveyor, the City shall retain the right to require the developer to use an alternative water source, subject to the review and approval of the City, or the City shall determine that the conditions of the project approval have not been satisfied. 4. The development shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire f lows required f or 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. I. DRAINAGE 1. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted to cover costs of construction of drainage improvements in an amount to be determined by the City Engineer. Resolution No. 91 -43, Exhibit "A" Page 8 Long Point, Conditions of Approval July 2, 1991 2. Prior to issuance of grading permits, the developer shall submit a hydrology study to the City Engineer to determine any adverse impacts to 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 cash deposit or bond or combination thereof in an amount to be determined by the Director of Public Works, which will be based on the project's share of the necessary 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 the sheet overflow and ponding or elevate the floors of the buildings with no openings in the foundation walls to at least twelve inches above the finished pad grade. C. Provide drainage facilities to protect the property from high velocity scouring action. D. Provide for contributory drainage from adjoining properties. 4. All on -site drainage shall be directed away from the bluff top to minimize erosion and to protect sensitive plant habitat on the bluff face. 5. All drainage swales and any other on- grade drainage facilities, including gunite, shall be of an earth tone color, as deemed necessary by the Director of Environmental Services. J. STREETS 1. Prior to issuance of grading permits, or commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover costs for the full improvements required to mitigate the project's impacts within all public streets and related improvements, in an amount to be determined by the Director of Public Works. 2. The developer shall post an additional bond, cash deposit, letter of credit, or a combination thereof in an amount sufficient to cover the cost of full improvements and repairs to all facilities within the right -of -way of Palos Verdes Drive South adjacent to the development. Said Resolution No. 91 -43, Exhibit "A" Page 9 Long Point, Conditions of Approval July 2, 1991 improvements shall include, but are not limited to A.C. paving, curb /gutter, sidewalk, drainage improvements, bikeways, medians and landscaping. The design of such improvements shall be subject to the adopted street standards and the approval of the Director of Public Works. 3. The City at its discretion, may permit the developer to make said street, right-of-way and facility improvements or use the above payments to make said-improvements by the City, as determined by the Director of Public Works. 4. The proposed improvements to public streets shall be designed to the satisfaction of the Director of Public Works, pursuant to the following specifications: A. All new sidewalks (including the parkway) shall be six (6) feet wide and walkways shall be concrete. The final design shall be authorized by the Director of Public Works and shall meet City standards. B. Traffic circulation signs shall be placed at all intersections and /or corners unless modification is authorized by the Director of Public Works, and shall meet City standards. C. All proposed drives shall be designed in substantially the same alignment as shown on the approved site plans, as specified in Condition C1, subject to final design review by the Los Angeles County Fire Department. D. Any raised and landscaped medians and textured surfaces shall be designed to standards as approved by the Director of Public Works. 5. Traffic signal deposits shall be required for the intersection of Palos Verdes Drive South and the project entrance driveway as part of this development. 60_,The contractor shall be responsible for repairs to any . neighboring streets which may be damaged during development of the site. Prior to issuance of grading permits, the - developer shall post a bond, cash deposit or combination thereof, in an amount sufficient to cover the costs estimated by the Director of Public Works to repair any damage to streets and appurtenant structures as a result of this development. 7. The developer shall pay traffic impact fees in conformance with adopted City policy in an amount determined by the Director of Public Works upon issuance of Certificate of Occupancy. Resolution No. 9.1 -43, Exhibit "A" Page 10 Long Point, Conditions of Approval July 2, 1991 8. The developer shall dedicate - vehicular access rights to Palos Verdes Drive South to the City except as provided for private driveways as shown on the site plan. 9. The design of all interior streets shall be approved by the Director of Public Works. 10. All interior circulation lighting shall be approved by the Director of Environmental Services and the Director of Public Works. K . GEOIAOGY /GRADING l.'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 plans. 2. 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. 3. All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a restricted use area in which the erection of buildings or other structures shall be prohibited. 4. Prior to issuance of building permits, 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). 5. An as- built geological report shall be submitted for structures founded on bed rock. An as -built soils and compaction report shall be submitted for structures founded on fill as well as for all engineered fill areas . 60 All of the recommendations of the project geologist, except as modified by Robert Stone Associates, will be incorporated into the design and construction. 7. The project geologist will review and approve the final plans and specifications by manual signature. 8. An as- graded soils and geologic report, complete with geologic map, will be submitted and reviewed prior to issuance of a building permit. 9. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907 -i. Resolution No. 91 -43, Exhibit "A" Page 11 Long Point, Conditions of Approval July .2, 1991 10. Foundations shall be set back from the Coastal Setback Line in accordance with the Development Code and will extend to such a depth as to be unaffected by any creep prone surficial soil and /or weathered bedrock. Field review by the project geologist is required. 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. The project shall comply with all appropriate provisions of the City's grading ordinance (Chapter 17.50 Grading), unless permitted by the Director of Environmental Services. 13. Grading activity on the site shall occur in accordance with all applicable City safety standards. 14. 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. 15..Graded slopes shall be properly planted and maintained. Plants shall be selected that are capable of developing deep root systems. Watering shall be done on cycles that will promote deep rooting. Watering shall be diminished or stopped just prior to and during the rainy season. 16. Slope planting shall generally consist of low ground cover to impede water flow on the surface. 17. To provide greater slope protection against scour and erosion, slopes shall be covered with a jute mat to provide protection while the ground cover is being established. 18.-All manufactured slopes shall be contour graded. 19. The use of a rock crusher on the site is prohibited. 20. Should earth, rock or other material be required to be hauled from the project site, the developer shall prepare a hauling plan and submit same to the Director of Public Works for review and approval prior to any hauling operation. L. EASEMENTS 1. Prior to issuance of Certificate of Occupancy, the developer shall dedicate and construct the public trails described in the Conceptual Trails Plan, Section 1, Trails C5, D4 and E2. Resolution No. 91 -43, Exhibit "A" Page 12 Long Point, Conditions of Approval July 2, 1991 Trail J2 shall be developed if a traffic signal is required at the intersection of Palos Verdes Drive South and the main entrance driveway. Beach access at the southeast corner of the project site shall also be kept open to the public and shall be maintained by the applicant. 2. Prior to issuance of Certificate of occupancy, the developer shall dedicate and construct two Public Vista Points along the Long Point Trail (Trail D4) in locations to be approved by the Director of Environmental Services. 3. All the trails and accessways on site shall be constructed with appropriate trail engineering techniques to avoid soil erosion, excessive compaction, and degradation, as required in Condition C5. 4. The developer shall construct a Class I and Class II, bikeway along Palos Verdes Drive South, consistent with the Conceptual Bikeways Plan as required in Condition C5. M. DESIGN STANDARDS 1. Detailed landscape (including all planted, fencing elements) and irrigation plans for _ complex, country market and golf course sh for review and approval by the Director of Services prior to issuance of any permits. include the following: hardscape and the hotel all be submitted Environmental Said plans shall A. Incorporation of drought tolerant and native plant materials, especially seaward of the Coastal Setback Line. B. Irrigation systems shall be on automatic timers and shall use drip and bubbler systems, or controlled spray systems, where appropriate. Irrigation systems shall be adjusted for seasonal water needs. , C. All reasonable efforts shall be made to preserve and replant existing mature trees at the direction of the Director of Environmental Services. A large percentage of mature vegetation shall be incorporated into the plans. D. A City landscape covenant shall be executed an recorded prior to the issuance of building permits. E. Where practical, transitional landscaping on graded slopes shall screen the project's night lighting as seen from surrounding areas. Resolution No. 91 -43, Exhibit "A" Page 13 Long Point, Conditions of Approval July 2, 1991 F. Irrigation systems shall be designed to utilize reclaimed water stored in the artificial lake to irrigate the golf course and other landscaped areas as appropriate. The amount ( %) of reclaimed water to be used shall be determined by the study required by Condition A9. 2. The building setbacks for new construction on the blufftop shall not be less than 25 feet from the Coastal Setback Line, as required by the Development Code. All other building setbacks shall comply with Commercial/ Recreational zoning requirements. 3. The maximum height for the main hotel building, excluding .architectural features, shall be 48 feet measured from the average elevation of the finished grade at the front of the building to the highest ridgeline of the structure. The building shall not exceed four (4) floor levels as viewed from Palos Verdes Drive South. From the oceanside of the project site, the building may have five (5) floors but not exceed 48 feet in height measured from the grade adjacent to the highest foundation to the highest ridge of each building element. 4. Architectural elements (cupolas, rotundas, and towers) may be allowed to exceed the 48 -foot height limit with the approval of the Director of Environmental Services consistent with the plans reviewed by the Planning Commission and identified as Long Point Resort Hotel and Conference Center dated May 16, 1990. 5. All signage, including warning signage at the California Sea Lion haul out area, shall be subject to a sign permit and subsequent approval from the Environmental Services Department, 6. Trash enclosure walls shall be 6 feet high and designed to accommodate recycling bins and shall have solid, self- closing gates and be integrated into the building design. 70 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 connect to the nearest trunk line at the developer's expense. 8. All roof mounted mechanical equipment, vents or ducts shall be screened and /or covered as necessary so as to reduce their visibility from adjacent properties and public rights - of -way. Any necessary screening and covering shall be architecturally harmonious with the materials and colors of the buildings. Use of satellite dish antenna(s) shall be controlled by Sections 17.41.140 through 17.41.210 of the Rancho Palos Verdes Municipal Code, Resolution No. 91 -43, Exhibit "A" Page 14 Long Point, Conditions of Approval July 2, 1991 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 or at any time on Sunday or national holidays. 11. Parking and security lighting shall be kept to minimum safety standards and shall conform to City requirements. Fixtures shall be shielded so that only the subject property . is illuminated; 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. outdoor tennis court lighting.. shall be permitted on individual timers up to 11:00 p.m. Standards shall be no higher than 16 feet. No golf course lighting shall be allowed. 13. No gates or other devices will be constructed.which limit direct access to the site. No freestanding fences, walls or hedges shall be allowed, unless a- uniform fencing plan is approved by the Director of Environmental Services. 14. Retaining walls shall be limited in height to eight (8) feet maximum. Any retaining walls over 8 feet in height shall require subsequent grading permit approval by the Director of Environmental Services, Resolution No. 91 -43, Exhibit "A" Page 15