PC RES 1993-029P.C. RESOLUTION NO. 93-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING RE -APPROVAL OF
VESTING TENTATIVE TRACT MAP NO. 50666 AND TENTATIVE
PARCEL MAP NO. 23004 FOR A RESIDENTIAL PLANNED
DEVELOPMENT WITH 40 SINGLE FAMILY LOTS, A PUBLIC GOLF
COURSE, AND PUBLIC OPEN SPACE LOCATED ON A 153.9 ACRE
SITE LOCATED IN COASTAL SUBREGIONS 7 AND 8, WHICH ARE
PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN
TRAILS.
WHEREAS, on December 7, 1992, the City Council of the City of Rancho
Palos Verdes adopted Resolution No. 92-115 approving the Addendum to
Environmental Impact Report No. 36; Resolution No. 92-116 and 92-117,
approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667,
Tentative Parcel Map Nos. 20970 and 23004; and Resolution Nos. 92-118 and 92-
119 approving Revisions to Conditional Use Permit Nos. 162 and 163, Coastal
Permit No. 103, and Grading Permit No. 1541 for a Residential Planned
Development consisting of a total of eighty-three (83) single family dwelling
units, an 18 hole public golf course with a clubhouse and related facilities,
and public open space on 261.4 acres in coastal subregions 7 and 8; and,
WHEREAS, Frank P. Angel, representing Sierra Club, California Native
Plant Society, Coastal Conservation coalition, Save our coastline 2000 and
Andrew H. Sargent, filed a lawsuit against the City and the landowners,
challenging the approval of the ocean Trails project for purportedly violating
the City's General Plan, the California Environmental Quality Act and certain
provisions of the California Government Code; and,
WHEREAS, on August 18, 1993, the Superior court of California, County of
Los Angeles, set aside the City's approval of Vesting Tentative Tract Map Nos.
50666 and 50667, Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos.
162 and 163 and Grading No. 1541, finding that, in approving the Ocean Trails
project, the City had not made findings required by Government Code Section
65590, subdivision (d), which states: "New housing developments constructed
within the coastal zone shall, where feasible, provide housing units for
persons and families of low or moderate income, as defined in Section 50093 of
the Health and Safety Code. Where it is not feasible to provide these housing
units in a proposed new housing development, the local government shall
require the developer to provide such housing, if feasible to do so, at
another location within the same city or county, either within the coastal
zone or within three miles thereof"; and,
WHEREAS, in response to the Superior Court's peremptory writ of
mandamus, the landowners, Palos Verdes Land Holdings Company and Zuckerman
Building Company, submitted a proposal to address Government Code Section
65590 to the City on September 20, 1993, and submitted Draft Addendum No. 2 to
Environmental Impact Report No. 36 to the City on September 24, 1993. The
Draft Addendum No. 2 evaluates potential significant adverse environmental
impacts resulting from the addition of affordable housing requirements that
may occur in addition to those impacts discussed in Environmental Impact
Report No. 36; and,
WHEREAS, on September 28, 1993, after notice issued pursuant to the
provisions of the Development Code, the Planning Commission of the City of
Rancho Palos Verdes held a public hearing to consider Draft Addendum No. 2 to
Environmental Impact Report No. 36 and the provision of affordable housing in
conjunction with the Ocean Trails project, at which time all interested
parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Based on the review of Draft Addendum No. 2 to Environmental
Impact Report No. 36 prepared in association with the provision of affordable
housing as part of the Ocean Trails project as conditioned, the project
mitigates, or reduces to the extent feasible, significant adverse effects to
adjacent properties or the permitted uses thereof. In recommending re -
approval of the project, the Planning Commission finds that social,
recreational and other benefits of the project outweigh any unavoidable
adverse environmental impacts that may occur and that due to overriding
benefits and considerations, any unavoidable adverse environmental impacts of
the project are acceptable. P.C. Resolution No. 93-28 and Resolution No. 92-
115 (which includes the detailed statement of overriding considerations) are
hereby made a part of this resolution, be reference, pursuant to the
California Environmental Quality Act.
Section 2: All mitigation measures required in Environmental Impact
Report No. 36, the Supplement to EIR No. 36, and Addendum No. I to EIR No. 36,
are hereby incorporated by reference into conditions of approval for the re -
approval of the tentative parcel maps and vesting tentative tract maps.
Section 3: That the creation of forty (40) single-family residential
lots, and golf course with related improvements, as conditioned, is
consistent with the City's General Plan and Coastal Specific Plan.
The General Plan land use map designates almost the entire project site
as Residential, with a maximum density of one dwelling unit per acre, and
designates the coastal bluffs as hazard areas. The General Plan provides for
additional commercial recreational uses within the City as appropriate to a
particular location, including golf, equestrian, tennis and other recreational
activities, and designates the City's entire coastal area as a specific plan
district.
The coastal Specific Plan land use map shows the following general uses
for the project site: (a) Residential (with a maximum density of one dwelling
unit per acre) for the vast majority of the property, (b) Hazard areas along
the bluffs and in the westerly natural drainage course, (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 40 residential units on approximately 42 acres, the density is
below one dwelling unit per acre and, therefore, consistent with the General
Plan and Coastal Specific Plan.
Section 4: That the creation of forty (40) single-family residential
lots, common open space, a public golf course, and public open space, as
conditioned, is consistent with the City's Development Code for projects
within the RS -1 zoning district under a Residential Planned Development. In
addition, a minimum of 30 percent of the site will be maintained within the
residential development as common open space, exclusive of the golf course.
The 40 -Lot Revised Site Plan does not contemplate construction of any
structures on land currently zoned as Open Space Hazard.
The majority of the subject property is zoned RS -1 (Residential Planned
Development) with the bluff face and the southwesterly natural drainage course
(commonly known as Forrestal Canyon) being zoned as Open Space Hazard (OH).
In compliance with the requirements of the OH zoning district, the applicant
will not construct any permanent habitable structures on land that is zoned
Open Space Hazard.
P.C. Resolution No. 93-29
Page 2 of 7
The RS -1 (RPD) zone requires a conditional use permit for any type of
development (S 17.06.050) and expressly permits single-family residential
development and any other uses permitted under Chapter 17.02, including
conditionally -permitted uses under Chapter 17.56, such as golf courses
(S 17.06.030). Accordingly, under Chapter 17.06 and Section 17.56.020 of the
Development Code, residential development and a golf course and related
facilities are permissible uses, subject to a conditional use permit. The
necessary findings with respect to the conditional use permits required in
connection with the Residential Planned Development and golf course are
contained in P.C. Resolutions Nos. 93-31 and 93-32, respectively.
Furthermore, the project provides in excess of thirty percent of the
Residential Planned Development as common open space, which open space is
sited in a manner that is accessible for viewing and access by the general
public from public roads and walkways and preserves views to the coast.
Section 5: That the provision of a continuous bluff road as provided in
the Coastal Specific Plan and depicted on Figure 24 of the Coastal Specific
Plan is infeasible due to geologic and geotechnical constraints affecting the
property and because such a road would require substantial alteration to the
natural canyon area on the western portion of the property commonly known as
"Forrestal Canyon". The City geologist and geotechnical engineer have each
concluded that the land upon which such a road would be built has not
demonstrated sufficient stability to warrant the construction of a permanent
road in that location. As an alternative, the project features a long bluff
road cul de sac taking access off of Paseo del Mar and the vacation of the
central portion of Paseo del Mar. There will be no homes located seaward of
this bluff road.
The combination of the vacation of the central portion of Paseo del Mar
and the provision of a long bluff road cul-de-sac taking access off of Paseo
del Mar as provided in the revised applications is consistent with Coastal
Specific Plan, Subregion 7, Policy No. 16 which states that "Paseo del Mar
shall be improved to provide access to residential development and
consideration shall be given to relocating Paseo del Mar southward or
exchanging it for another access route closer to the bluff edge."
The intent of Coastal Specific Plan, Subregion 7, Policy 19 is satisfied
by the provision of an 8.4 acre East/West Bluff Top Corridor with a minimum
width of twenty-five (25) feet and an average width of seventy-five (75) feet
located along the bluff top between Half Way Point and Shoreline Park. This
Bluff Top Corridor contains a public pedestrian trail along the entire length
of the corridor and an off-road bicycle trail through the central portion of
the site. The Planning Commission finds that the Bluff Top Corridor is
similar in average width and area to any coastal bluff road which would
otherwise be constructed, if geologically feasible, pursuant to Coastal
Specific Plan, Subregion 7, Policy 19.
The Planning Commission further finds that there shall be no road
seaward of the last row of homes in the residential area located on the far
western portion of the property because the adverse impacts of a such a road
outweigh its potential benefits. A road seaward of the last row of homes in
this area should not be connected to the proposed bluff road because such a
connection would result in substantial alteration and damage to Forrestal
Canyon and the significant biological resources located therein. Without such
a connection, the Planning Commission finds that such a road is unnecessary to
provide vehicular access to the coast and the coastal bluff, adequate
vehicular access having already been provided by the long bluff road cul de
sac described above.
P.C. Resolution No. 93-29
Page 3 of 7
Section 6: That the golf course and related uses are consistent with
Coastal Specific Plan, Subregion 7, Policy 7 which states: "Ensure that any
proposed commercial activity responds to the needs of the coastal residents
and shall not be of an intensity which would purposefully generate a service
area external of the coastal region." The Planning Commission finds that the
intent of the above policy is to limit traditional commercial development
(such as retail and office uses) so as not to create a service area external
to the coastal region and that such policy is not intended to apply to
commercial recreational uses, which are encouraged by the General Plan and
Coastal Specific Plan. Planning Commission's interpretation of this policy is
consistent with other policies in the Coastal Specific Plan and with
Resolution 82-24, which adopted Coastal Specific Plan Amendment No. 1 and
specifically authorized visitor -serving uses, such as golf, in Subregion 7.
Section 7: That the trails plan as shown in the revised Public
Amenities/Coastal Access Program submitted by the applicant and reviewed by
the Recreation and Parks Committee, including the Class I Pedestrian and Bike
Trail segment in the area seaward of the western residential area, is
consistent with the Coastal Specific Plan requirements relating to trails.
The precise alignment of this particular trail segment varies between its
description in the Coastal Specific Plan, its display on Access Corridors map
in the Coastal Specific Plan (Figure 24) and its location on the Coastal
Specific Plan Land Use Map.
Because of these slightly different configurations, Planning Commission
finds that these descriptions and maps in the Coastal Specific Plan are
intended to provide a generalized location for this trail segment. The
Recreation and Parks Committee has considered these different alignments and
found that the alignment of this segment as shown in the Public Amenities/
Coastal Access Program provides comparable public access, minimizes
incompatibility with the active public recreational uses and, when connected
to the bluff road cul-de-sac via a bridge over Forrestal Canyon, provides
linkage to the bluff road, bluff top areas and the remainder of the site. The
Planning Commission finds that in the absence of a road seaward of the last
row of homes in the western residential area (as described in Section 5
hereof), this trail segment should be located as shown in the revised Public
Amenities/Coastal Access Program.
Section 8: That the golf course and related uses are consistent with
Coastal Specific Plan policy and Section 17.06.040.0.8 of the Development
Code, which require the area seaward of corridor improvements to be improved
and either dedicated or permanently maintained through deed restriction for
public use. Section 17.06.040.C.6 of the Development Code permits the
preservation of open space by dedication, deed restriction or other
appropriate methods approved by the City. In compliance with these provisions
and policies, the East and West Bluff Preserves, Half Way Point Park, the
East/West Bluff Top Corridor and the public paths, trails, parking and
recreational areas associated with these public open space areas will be
improved by the applicants and offered to the City for dedication.
Furthermore, the golf course area will be improved by the applicants and
permanently maintained through deed restriction for public use. The Planning
Commission 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 conceptual bluff road.
Section 9: For purposes of the Subdivision Map Act, the design of the
subdivision, golf course, and the related improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat based on compliance with the City's Development
Code, General Plan and coastal Specific Plan and consideration of information
contained in Draft, Supplemental, and Addendums to Environmental Impact Report
No. 36.
P.C. Resolution No. 93-29
Page 4 of 7
The Planning Commission acknowledges that there is the difference
between the term "significant impact" under CEQA and the term "substantial
environmental damage" under the Subdivision Map Act. Draft BIR No. 36,
Supplement to EIR No. 36, Addendum No. I and Addendum No. 2 to EIR No. 36 are
required to base environmental findings on a "worst case" basis. As a result,
the Final EIR concludes that significant impacts to biological resources
remain after mitigation because of the loss of raptor foraging area and
because of the temporal loss of Coastal Sage Scrub. Even with the 2:1
replacement of existing viable Coastal Sage Scrub and the other mitigation
measures contained in the Final and Addendum No. 1 to EIR No. 36, the temporal
loss of Coastal Sage Scrub, which serves as natural habitat for the California
gnatcatcher, is considered significant due to the uncertainty that this
species will be able to re -occupy the site after replacement of the Coastal
Sage Scrub. These environmental findings are primarily the result of grading
for the golf course, which itself has already been minimized through its
links -type design. These specific findings and a corresponding statement of
overriding considerations are contained in Resolution No. 92-115, which is
hereby incorporated by reference.
With the mitigation measures adopted by the City pursuant to Resolution
No. 92-115, the project will not result in substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat under the
Subdivision Map Act. However, even assuming that the project did result in
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, such damage or injury would be caused primarily by
grading for the golf course. The elimination of the golf course is not
feasible because it would not satisfy an important objective of the project:
to provide visitor -serving public recreational uses, which objective is
encouraged by policies in the Coastal Specific Plan. For this reason, this
alternative or mitigation measure has been rejected by the Planning
Commission. Pursuant to Resolution No. 92-115, the City has made a finding of
infeasibility with respect to elimination of the golf course.
Section 10: That the subject property is physically suitable to
accommodate Vesting Tentative Tract Map No. 50666 and Tentative Parcel Map No.
23004 as conditioned, in terms of design and density.
Section 11: That the creation of the lots, single family residential
dwelling units, golf course, public open space, and related improvements will
not be materially detrimental to property values, nor will it jeopardize,
endanger, or otherwise constitute a menace to the surrounding areas, since
physical improvements, dedications and maintenance agreements are required.
Section 12: The Planning Commission has considered the effect of the
tract map and parcel map on the housing needs of the region as set forth in
the City's Housing Element, and balanced these needs against the public
service needs of its residents and against available fiscal and environmental
resources, and finds that the tract map and parcel map help to achieve those
housing needs without unreasonably burdening the public service needs of
existing residents and available fiscal and environmental resources.
Section 13: The Planning Commission has considered the requirements of
Government Code Section 65590, which requires new housing developments located
in the coastal zone to provide, where feasible, housing units for persons and
families of low or moderate incomes, as defined in Section 50093 of the Health
and Safety Code. The Government Code further requires that where it is not
feasible to provide these housing units in a proposed new housing development,
the local government shall require the developer to provide such housing, if
feasible to do so, at another location within the City, either within the
coastal zone or within three miles thereof.
P.C. Resolution No. 93-29
Page 5 of 7
Based on the information, analysis and findings included in
Environmental Impact Report No. 36, and the subsequent conditions of approval
placed on the project by the City of Rancho Palos Verdes and the California
Coastal Commission, the Planning Commission finds that the ocean Trails
project site has certain physical and environmental constraints, including
geotechincal factors, topographic conditions and requirements for open space,
public parks, a trails network and native habitat areas, which limit the
amount of land available on-site for the construction of affordable housing
units.
In addition, based on information that was gathered by the City with regard to
the average number of persons within the low to moderate income ranges that
would be expected to be employed on the project site, including employees
associated with the golf course and the residential lots, the Planning
Commission finds that the project will generate a need for affordable housing
units.
Therefore, taking into the account the physical constraints, yet recognizing
the employment generated housing needs, the Planning Commission finds that a
requirement of 10% (currently 8 units) of affordable housing (based on the
final total number of buildable lots) is a feasible requirement that would
satisfy the intent of Government Code Section 65590.
However, the Planning Commission's finding is in no way intended to preclude
future residents or tenants of the project site from providing additional
affordable housing opportunities.
Section 14: That the division and development of the property will not
unreasonably interfere with the free and complete exercise of the public
entity and/or public utility rights-of-way and/or easements within the tract
and parcel map.
Section 15: That the discharge of sewage from this land division into
the public sewer system will not violate the requirements of the California
Regional Water Quality Control Board pursuant to Division 7 (commencing with
Section 13000 of the Water Code).
Section 16: That the design of the residential subdivision golf course,
and associated improvements are not likely to cause serious public health
problems.
Section 17: That the design of the residential subdivision, golf
course, and the type of improvements associated with them, will not conflict
with easements acquired by the public at large for access through or use of
property within the proposed project. Further, public trail easements which
are consistent with the policies of the General Plan and the Coastal Specific
Plan are required as a condition of this approval.
Section 18: That the design of the vesting tentative tract map and
tentative parcel map provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
Section 19: That the vesting tentative tract map and tentative parcel
map do not propose to divide land which is subject to a contract entered into
pursuant to the California Land Conservation Act of 1965.
Section 20: That dedications required by local ordinance are shown on
the tentative maps and/or are set forth in the conditions of approval attached
hereto in Exhibit "A".
Section 21: That the City considered the effect of approval of the
residential subdivision on the housing needs of the region in which the City
is situated and balanced these needs against the public service needs of its
residents and available fiscal and environmental resources.
P.C. Resolution No. 93-29
Page 6 of 7
Section 22: For the foregoing reasons, and based on information and
findings contained in the public record, including staff reports, minutes,
records of proceedings and evidence presented at the public hearings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends re -
approval of Vesting Tentative Tract Map No. 50666 and Parcel Map 23004,
subject to the recommended conditions of approval attached in Exhibit "A",
which are necessary to protect the public health, safety and general welfare,
and subject to the re -approval of Conditional Use Permit Nos. 162 and 163,
Grading Permit No. 1541; and approval of Draft Addendum No. 2 to Environmental
Impact Report No. 36.
PASSED, APPROVED and ADOPTED on this 28th day of September 1992.
Bret. Be ard, CP
Direc or o Plann' g, Building and
Code Enforcement, and Secretary to
the Commission
CP/OT2:VTM50666.OT2
/4�0t/ I -Ile
Robert Katherme
P.C. Resolution No. 93-29
Page 7 of 7
EXHIBIT "A"
VESTING TENTATIVE TRACT MAP NO. 50666
TENTATIVE PARCEL MAP NO. 23004
CONDITIONS OF APPROVAL
A. GENERAL
1. Within thirty (30) days of approval of the Vesting Tentative Tract Map
and Tentative Parcel Map, the developers shall submit, in writing, a
statement that they have read, understand, and agree to all of the
conditions of approval contained in this exhibit.
2. The City's fee for processing a Final Map shall be paid within six (6)
months of approval of the Vesting Tentative Tract Map and Tentative
Parcel Map by the last responsible public agency.
3. All residential lots shall conform to the applicable minimum development
standards as specified in P.C. Resolution No. 93-31 for Conditional Use
Permit No. 162, Coastal Permit No. 103 and Grading Permit No. 1541.
4. The golf course and all related improvements shall conform to the
applicable development standards and conditions as specified in P.C.
Resolution No. 93-32 for Conditional Use Permit No. 163, Coastal Permit
No. 103, and Grading Permit No. 1541.
5. This approval expires twenty-four (24) months from the date of approval
of the Vesting Tentative Tract Map and Tentative Parcel Map unless the
Final Map has been recorded. Extensions of up to one (1) year may be
granted by the Planning commission, if requested in writing prior to
expiration.
6. The developer shall supply the City with one brownline and one print of
the recorded Final Map.
7. This approval is conditioned upon the applicant entering into an
agreement with the City of Rancho Palos Verdes within twenty (20) days
of the date of this approval, subject to approval by the City Attorney,
to indemnify and defend the City against all damages, claims,
judgements, and litigation Costs, including, without limitation,
attorney's fees awarded to a prevailing party, arising from the approval
of the project and all issues related thereto.
8. The developer shall provide on-site the equivalent of five percent (5%)
of the total buildable market -rate lots, or a minimum of four (4)
dwelling units, as affordable to very low to moderate income households.
These units shall be provided on-site in conjunction with development of
the clubhouse and/or golf course maintenance facilities. Each unit
shall contain at least 775 square foot of living space and two bedrooms.
A minimum of two enclosed parking spaces shall be provided for each
unit. The units shall be available for rent within one year of the
opening of the clubhouse. A covenant which guarantees that the
affordable units shall not revert to market rate for a minimum period of
thirty years shall be recorded no later than the date of recordation of
the final map.
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to moderate income
employees of the Ocean Trails project. Second priority shall be given
to persons within very low to moderate income levels working within four
miles of the City's coastal zone. Third priority shall be given to
persons within very low to moderate income levels, regardless of the
location of employment (if employed).
9. The total number of on-site dwelling units (both market -rate and
affordable units) shall be limited to one dwelling unit per buildable
acre of land. However, if it is subsequently determined that the number
of buildable acres is reduced and cannot accommodate the on-site
affordable units in addition to the market -rate units and still comply
with the one dwelling unit per buildable acre requirement, the developer
may file an application to the City to allow the number of affordable
units to exceed the RS -1 maximum density Of one unit per buildable acre.
10. Off-site units affordable to very low to moderate income households
shall be provided in a manner equivalent to five percent (5%) of the
total buildable market -rate lots, or an equivalent number to equal ten
percent (10%) of the total buildable market -rate lots when added to the
minimum four on-site affordable units.
Provision of the off-site units shall be funded through an in -lieu fee
program paid by the developers of the individual market -rate lots and
shall be based on a rate of $1.00 per square foot of habitable area for
each residence constructed (e.g. a residence with 5,000 square feet of
habitable area would require a $5,000 in -lieu fee for the off -site -
affordable housing program). This in -lieu fee shall be adjusted
annually in accordance with the Consumer Price Index and shall be paid
to the City at the time of building permit issuance for each market -rate
lot.
The off-site units shall be provided in the City, either within the
City's coastal zone or within three miles thereof. The units shall
contain at least 775 square feet of habitable space and two bedrooms.
The units shall remain affordable to very low to moderate income
households for a period of at least thirty years after initial occupancy
at the affordable rate.
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to moderate income
employees of the ocean Trails project. Second priority shall be given
to persons within very low to moderate levels working within four miles
of the City's coastal zone. Third priority shall be given to persons
within very low to moderate income levels, regardless of the location of
employment (if employed).
B. SUBDIVISION MAP ACT
1. Prior to submitting the Final Map for recording, pursuant to Section
66442 of the Government Code, the subdivider shall obtain clearances
from all affected departments and divisions, including a clearance from
the City Engineer for the following items: mathematical accuracy, survey
analysis, correctness of certificates and signatures, etc.
C. COUNTY RECORDER
1. If signatures of record or title interests appear on the Final Map, the
developer shall submit a preliminary guarantee. A final guarantee will
be required at the time of filing of the final map with the County
Recorder. If said signatures do not appear on the final map, a
preliminary title report/guarantee is needed that covers the area
showing all fee owners and interest holders.
P.C. Resolution No. 93-29
Exhibit "A"
Page 2 of 12
2. The account for the preliminary
Condition Cl, should remain open
County Recorder.
D. ARCHAEOLOGY AND PALEONTOLOGY
title report guarantee referenced in
until the Final Map is filed with the
1. A qualified archaeologist shall be present during all rough grading
operations to further evaluate cultural resources on the site. If
archaeological resources are found, all work in the affected area shall
be temporarily suspended and the resources shall be removed and
preserved. All "finds" shall be immediately reported to the Director of
Planning, Building and Code Enforcement. All archaeological finds shall
be first offered to the City for preservation.
2. A qualified paleontologist shall be present during all rough grading
operations to further evaluate pre -historic resources on the site. If
paleontological resources are found, all work in the affected areas
shall be temporarily suspended and the resources shall be removed and
preserved. All "finds" shall be immediately reported to the Director of
Environmental Resources. All paleontological finds shall be first
offered to the City for preservation.
E. BIOLOGY
1. Prior to issuance of grading permits, or prior to final of any map, the
developer shall submit a Final Biological Resources Preservation
Plan/Habitat Preservation Plan (11BRPP/HPP11) 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 El above.
F. SEWERS
1. Approval of this subdivision of land is contingent upon the
installation, dedication and use of local main line sewer and separate
house laterals to serve each lot of the land division.
2. If, because of future grading, or for other reasons, it is found that
the requirements of the Plumbing Code cannot be met on certain lots, no
building permit will be issued for the construction of homes on such
lots.
3. Sewer easements are tentatively required, subject to review by the City
Engineer to determine the final locations and requirements.
4. Prior to construction, the developer shall obtain approval of the sewer
improvement plans from the County Engineer Sewer Design and Maintenance
Division.
5. Prior to approval of the Final Map, the developer shall submit to the
Director of Planning, Building and Code Enforcement a written statement
from the County Sanitation District approving the design of the tract
with regard to the existing trunk line sewer. Said approval shall state
all conditions of approval, if any, and shall state that the County is
willing to maintain all connections to said trunk lines.
P.C., Resolution No. 93-29
Exhibit "A"
Page 3 of 12
6. Prior to the recordation of the Final Map or issuance of building
permits, whichever occurs first, the developer shall post a bond, cash
deposit, or other City approved security to cover costs for construction
of a sanitary sewer system, in an amount to be determined by the City
Engineer.
G. WATER
1. There shall be filed with the City Engineer a "will serve" statement
from the water purveyor indicating that water service can be provided to
meet the demands of the proposed development. Said statement shall be
dated no more than six (6) months prior to the issuance of the building
permits for the first phase of construction.
2. Prior to recordation of the Final Map or prior to the commencement of
work, whichever occurs first, the developer must submit a labor and
materials bond in an amount to be determined by the City Engineer in
addition to either:
a. An agreement and a faithful performance bond in the amount
estimated by the City Engineer and guaranteeing the installation
of the water system; or
b. An agreement and other evidence satisfactory to the City Engineer
indicating that the subdivider has entered into a contract with
the servicing water utility to construct the water system, as
required, and has deposited with such water utility security
guaranteeing payment for the installation of the water system.
3. A statement from the water purveyor shall be filed with the City
Engineer indicating that the Proposed water mains and any other required
facilities will be operated by the purveyor, and that, under normal
operating conditions, the system will meet the needs of the developed
tracts. Said statement shall be dated no more than six (6) months prior
to the issuance of the building permits for the first phase of
construction.
4. At the time the final subdivision improvement plans are submitted for
checking, plans and specifications for the water system facilities shall
be submitted to the City Engineer for checking and approval and shall
comply with the City Engineer's standards. Approval for filing of the
land division is contingent upon approval of the plans and
specifications mentioned above.
5. All lots and golf course facilities shall be served by adequately sized
water system facilities which shall include fire hydrants of the size
and type and location as determined by the Los Angeles County Fire
Department. The water mains shall be of sufficient size to accommodate
the total domestic and fire flows required for the land division.
Domestic flow requirements shall be determined by the City Engineer.
Fire flow requirements shall be determined by the Los Angeles County
Fire Department and evidence of approval by the Los Angeles County Fire
Chief is required. The developer shall be responsible for installation
of any fire hydrants or other improvements required by the Los Angeles
County Fire Department.
6. Framing of structures shall not begin until after the Los Angeles County
Fire Department has determined that there is adequate fire fighting
water and access available to the said structures.
P.C. Resolution No. 93-29
Exhibit "A"
Page 4 of 12
H. DRAINAGE
1. Drainage plans and necessary support documents to comply with the
following requirements must be approved prior to the recordation of the
Final Map or commencement of work, whichever occurs first:
a. Provide drainage facilities in accordance with the Runoff
Management Plan to remove any flood hazard to the satisfaction of
the City Engineer and dedicate and show easements on the Final
Map.
b. Eliminate sheet overflow and ponding or elevate the floors of the
buildings, with all openings in the foundation walls to be at
least twelve inches above the finished pad grade.
C. Provide drainage facilities to protect the residential lots and
golf course from high velocity scouring action.
d. Provide for contributory drainage from adjoining properties.
e. Redirect high flow runoff away from the natural drainage courses
and retain low flows to maintain adequate soil moisture
conditions.
2. In accordance with Section 1601 and 1602 of the California Fish and Game
Code, the State Department of Fish and Game, 350 Golden Shore, Long
Beach, California 90802, telephone (310) 435-7741, shall be notified
prior to commencement of work within the natural drainage courses
crossing the site.
3. The U.S. Army Corps of Engineers shall be contacted prior to alteration
of any drainage courses on-site to determine jurisdiction and permit
requirements, if any, with respect to Section 404 of the Clean Water Act
(as amended 1984).
4. All storm drain facilities shall be designed and constructed so as to be
accepted for maintenance be the Los Angeles County Public Works
Department, Flood Control Division, subject to review and approval by
the City Engineer.
S. The City shall form a maintenance district, consisting of the
residential property owners and golf course owner(s) within the tract,
to cover the maintenance costs associated with all drainage outlet
structures that are not accepted for maintenance by the Los Angeles
County Public Works Department Flood Control Division, that carry storm
water generated by, or passing through, the residential and golf course
areas on the site to the ocean. Neither the developer nor any
successors in interest, including but not limited to individual
purchasers of any individual lots shall object to the formation of such
a maintenance district by the City. All fees associated with such a
maintenance district shall be calculated by the Director of Public
Works, and shall be based on a proportionate fair share between the
owner(s) of the golf course and owners of each residential property.
Written notice of this condition shall be provided to purchasers of the
golf course and purchasers of any individual lot within the development.
This condition shall also be included in the CC & R's for the tract.
6. All drainage swales and any other on -grade drainage facilities,
including gunite, shall be of earth tone color and shall be reviewed and
approved by the Director of Planning, Building and Code Enforcement.
11
7. Prior to the issuance of grading permits or prior to final of any map,
whichever occurs first, the developer shall submit Final Run Off
Management and Water Quality Control Plans for review and approval by
P.C. Resolution No. 93-29
Exhibit "A"
Page 5 of 12
the Planning Commission. These plans may only be approved if they meet
National Pollutant Discharge Elimination System (NPDES) permit
regulations and requirements.
I. STREETS
1. Prior to recordation of the Final Map or commencement of work, whichever
occurs first, the developer shall post a bond, cash deposit, or other
City -approved security to cover costs for the full improvements of all
proposed on-site and off-site streets and related improvements, in an
amount to be determined by the Director of Public Works. The bonding
for said improvements may be posted in conjunction with the phasing plan
as per P.C. Resolution No. 93-31 for Conditional Use Permit No. 162,
Condition No. Cl.
2. The proposed on-site streets shall be public and designed to the
satisfaction of the Director of Public Works. Prior to recordation of
the Final Map, the developer shall submit design specifications for the
on-site streets to the Director of Public Works for approval, pursuant
to the following specifications:
a. "A" Street shall be a minimum of forty (40) feet in width,
measured flow line to flow line. Parkway widths shall be a
minimum of eight (8) feet on the southwesterly side of the street
and four (4) feet on the northeasterly side of the street. The
total right-of-way width shall be fifty two (52) feet. The
terminus of "A" Street shall be extended as far westward as is
possible without encroaching into the Forrestal draw area or
adjacent habitat areas, subject to review and approval by the
Director of Planning, Building and Code Enforcement and the
Director of Public Works. The final map shall reflect these
standards.
b. "B" Street shall be a minimum of thirty four (34) feet in width,
measured flow line to flow line. Parkway widths shall be a
minimum of eight (8) feet on each side. The total right-of-way
width shall be fifty (50) feet. The final map shall reflect these
standards.
C. "C", "D", and "E" Streets shall be thirty four (34) feet in width,
measured flow line to flow line. Parkway widths shall be a
minimum of eight (8) feet along the southerly side along Streets
"C", "D", and "E", and shall be a minimum of four (4) feet along
the northerly side on Streets "C", "D", and "E". The total right-
of-way shall be forty six (46) feet. The final tract map shall
reflect these standards.
d. Paseo del Mar shall be a minimum of fifty feet (50) feet measured
flow line to flow line, including a ten (10) foot wide median.
Parkway width shall be a minimum of twelve (12) feet along the
southeasterly side of Paseo del Mar, and shall be a minimum of
eight (8) feet along the northwesterly side of Paseo del Mar. The
total right-of-way width shall be seventy (70) feet. The final
tract map shall reflect these standards.
e. A public off-street parking area containing a minimum of six (6)
parking stalls shall be provided south of Palos Verdes Drive
South between Palos Verdes Drive South and "D" Street, west of
Paseo del Mar. Said parking area shall be at the same grade as
Palos Verdes Drive South, shall contain a minimum of six (6)
parking spaces, and one (1) parking space shall be reserved for
handicapped use. The design of the off-street parking area and
any time restrictions shall be submitted for review and approval
P.C. Resolution No. 93-29
Exhibit "A"
Page 6 of 12
by the Director of Public Works. Parking and access to this area
shall be prohibited after dusk.
f. A public on -street public parking area containing a minimum of
seventy-five (75) parking spaces shall be provided at the terminus
of "A" Street. Said on -street parking area shall contain a
minimum of five (5) handicapped parking spaces. The design of the
on -street parking area shall be submitted for review and approval
by the Director of Public Works. Parking and access to this area
shall be prohibited after dusk.
9. All streets shall have a vertical type curb. The developer may
request roll type curbs, subject to the review and approval of the
Director of Public Works.
h. Handicapped access ramps which conform to all standards and
specifications in Title 24 of the Uniform Building Code shall be
provided at all sidewalks and at all locations where public trails
intersect with streets and/or sidewalks in or adjacent to the
subject development.
i. Cul-de-sacs shall be designed to the specifications of the
Director of Public Works.
j- Street and traffic signs shall be placed at all intersections
and/or corners as specified by the Director of Public Works,
conform to City Standards, and be shown on a signage and striping
plan to be attached to the street plans.
k. Sidewalks, where required, shall be concrete, a minimum of four
(4) feet wide, located four (4) feet behind the flow line.
1. All proposed streets shall be designed in substantially the same
alignment as shown on Vesting Tentative Tract Map No. 50666,
except as otherwise required in these conditions.
3. The developer shall be responsible for the design and construction of
the realignment Palos Verdes Drive South from Conqueror Drive to the
eastern City limits. Plans for the realignment and reconstruction shall
be submitted for review and approval by the Director of Public Works and
shall include a minimum twelve (12) foot wide median from Conqueror
Drive to La Rotunda Drive. In addition, the developer shall be
responsible for the design and construction of curb and gutter and full
median improvements adjacent to the Portuguese Bend Club. The
construction and realignment shall also include provisions for the
future signalization of the intersections at Palos Verdes Drive South
and Forrestal Drive and at Palos Verdes Drive South and La Rotunda
Drive, including the installation of all necessary underground
facilities and utilities during construction so that subsequent
installation of signals at either intersection can be accomplished
without requiring future road cuts.
4. Prior to recordation of any map, the project shall contribute to the
installment of the following street improvements based on a "fair share,,
of the cost, which will be allotted only to new traffic:
a. Construction of a second westbound left -turn lane at the
intersection of Hawthorne Boulevard and Palos Verdes Drive West.
b. Construction of a second eastbound left -turn lane and a second
southbound right -turn lane at the intersection of Western and 25th
Street, if approved by the City of Los Angeles. The developer
shall be responsible for contacting the appropriate agencies in
the City of Los Angeles and shall provide necessary documentation
P.C. Resolution No. 93-29
Exhibit "A"
Page 7 of 12
to the City of Rancho Palos Verdes Director of Public Works,
including a letter of approval from the City of Los Angeles, for
determination of the project's fair share of the cost for
improvements to the above intersection.
5. The developer shall be responsible for repairs to any public streets
which may be damaged during development of the tract. Prior to issuance
of grading permits, the developer shall post a bond, cash deposit or
City -approved security, in an amount sufficient to cover the costs to
repair any damage to streets and appurtenant structures as a result of
this development.
6. The developer shall pay traffic impact fees in an amount determined by
the Director of Public Works upon the completion of all on-site public
improvements, including, but not limited to, streets, drainage, and
utility improvements.
7. Unless already dedicated to the City, the developer shall dedicate to
the City vehicular access rights to Palos Verdes Drive South, Paseo Del
Mar, and La Rotunda Drive. A note to this effect shall be placed on the
Final Map.
8. Prior to recordation of any map the developer shall post a security,
bond, or cash deposit acceptable to the City in an amount to be
determined by the Director of Public Works to cover the project's fair
share of the cost of signalizing the intersection of Palos Verdes Drive
South and Forrestal Drive at Paseo Del Mar, and the intersection of
Palos Verdes Drive South and La Rotunda Drive.,
9. Access to Lots 15 and 16 over the Forrestal Draw as shown on Vesting
Tentative Tract Map 50666 shall be via a private driveway, with a
maximum width of twenty-two (22) feet.
10. Prior to recordation of the final map, or prior to issuance of grading
permits, whichever occurs first, the developer shall process an
application for vacation of the portions of the street right-of-way
along Paseo del Mar which are to be developed for golf course uses.
J. UTILITIES
1. All utilities to and on the lots and golf course shall be provided
underground, including cable television, telephone, electrical, gas and
water. All necessary permits shall be obtained for their installation.
Cable television shall connect to the nearest trunk line at the
developer's expense.
K. GEOLOGY
1. Prior to recordation of the Final Map or commencement of work, whichever
occurs first, a bond, cash deposit, or combination thereof, shall be
posted to cover costs for any geologic hazard abatement in an amount to
be determined by the City Engineer.
2. Prior to recordation of the Final Map or prior to commencement of work,
whichever occurs first, a bond, cash deposit, or other City -approved
security, shall be posted to cover the costs of grading in an amount to
be determined by the City Engineer.
L. EASEMENTS
1. Easements shall not be granted or recorded within areas proposed to be
granted, dedicated, or offered for dedication or other easements until
after the Final Map is filed with the County Recorder, unless such
easements are subordinated to the proposed grant or dedication. If
P.C. Resolution No. 93-29
Exhibit "A"
Page 8 of 12
easements are granted after the date of tentative approval, a
subordination must be executed by the easement holder prior to the
filing of the Final Map.
2. Prior to the recordation of the Final Map, the developer shall submit
design specifications for construction of bike lanes and pedestrian
trails within the boundaries of the project site for review and approval
by the Director's of Environmental Services, Public Works, and
Recreation and Parks, and the Recreation and Parks Committee.
3. All easements are subject to review by the City Engineer to determine
the final locations and requirements.
4. The developer shall dedicate to the City of Rancho Palos Verdes, record
on the final map, and construct to Conceptual Trails Plan standards a
twelve (12) foot wide public Class I paved bicycle trail easement
parallel to Palos Verdes Drive South as shown in the attached Exhibit
"B" from Point "A" to Point "B". This trail shall have a minimum tread
width of eight (8) feet, shall be constructed in a linear parkway along
the south side of Palos Verdes Drive South, and shall be separated as
much as possible from the roadway by a grade change and landscaping.
5. The developer shall dedicate to the City of Rancho Palos Verdes, record
on the final map, and construct to Conceptual Trails Plan standards a
six (6) foot wide soft footed public pedestrian trail easement with an
easy level of difficulty parallel to Palos Verdes Drive south and
adjacent to the trail described above in Condition L4 as shown in the
attached Exhibit "B" from Point "A" to Point "B". This trail shall have
a minimum tread width of four (4) feet, shall be constructed in a linear
parkway along the south side of Palos Verdes Drive South, and shall be
separated as much as possible from the roadway by a grade change and
landscaping.
6. The developer shall construct a Class II bikeway within the public
right-of-way on the north and south side of Palos Verdes Drive South as
shown in the attached Exhibit "B" from Point "A" to Point "B".
7. The developer shall dedicate to the City of Rancho Palos Verdes, record
on the final map, and construct to Conceptual Trails Plan standards a
twelve (12) foot wide off-road bicycle and pedestrian trail easement
with an easy to intermediate level of difficulty and minimum tread width
of eight (8) feet as shown in the attached Exhibit "B" beginning at the
intersection of Palos Verdes Drive South and Point "A" and connecting to
Points "X"r "D"r r "C" "E"r "F"r "G" and "H". This trail shall connect
with other trails as described in P.C. Resolution No. 93-30 for Vesting
Tentative Tract Map No. 50667 and Tentative Parcel Map No. 20970,
Condition Nos. L4 - L10. A barrier to prevent the use of the trail by
motorized vehicles shall be erected at the intersection of Point "A" and
Palos Verdes Drive South. From Point "C" to the overlook park at Point
"E", the trail shall be handicapped accessible and shall conform to all
minimum required standards for accessibility.
8. The developer shall dedicate to the City of Rancho Palos Verdes, record
on the final map, and construct to Conceptual Trails Plan standards an
eighteen (18) foot wide Class I and soft footed easy pedestrian trail
easement as shown in the attached Exhibit "B" beginning at the
intersection of Palos Verdes Drive South and Point "B" and connecting to
Points "T" and "C". From Point "B" to Point "T", the trail shall be
constructed along the western side of Paseo del Mar and from Point "T"
to Point "C" the trail shall be constructed along the eastern side of
Paseo del Mar. The minimum tread width for the pedestrian trail shall
be four (4) feet and the minimum tread width for the Class I bicycle
trail shall be eight (8) feet.
P.C. Resolution No. 93-29
Exhibit "A"
Page 9 of 12
9. The developer shall be responsible for the construction of all public
trails specified in conditions L4 -L8 and shall provide a bond, or other
money surety for the construction of such public trails in an amount to
be determined by the Director of Public Works. Construction of said
trails shall coincide with the rough grading activity within each
workable phase and shall be completed upon acceptance of all street
improvements by the City. Dedication of the public trails shall occur
at the time the final map is recorded.
10. The developer shall dedicate to the City of Rancho Palos Verdes and
record on the final map a lateral public access easement for passive
recreational use from the twenty-five (25) foot contour line seaward to
the tract boundary.
11. The developer shall dedicate to the City of Rancho Palos Verdes, record
on the final map, and construct to Conceptual Trails Plan standards, a
six (6) foot wide soft footed public pedestrian trail easement with an
intermediate level of difficulty and minimum tread width of four (4)
feet as shown in the attached Exhibit "Ell beginning at Point X and
terminating at Point I.
12. The developer shall dedicate to the City of Rancho Palos Verdes, record
on the final map, and construct to Conceptual Trails Plan standards, a
fifteen (15) foot wide soft footed public pedestrian, off-road bicycle,
and fire access trail easement with an easy level of difficulty as shown
in the attached Exhibit IIBII beginning at Point 0 and terminating at
point D within Common Open Space Lot "C". A breakaway barrier to
prevent the use of the trail by unauthorized motor vehicles shall be
installed at Point O. Additionally, the developer shall dedicate to the
City of Rancho Palos Verdes, record on the final map, and construct to
Conceptual Trails Plan standards two six (6) foot wide public pedestrian
trail easements with a minimum tread width of four (4) feet and which
connect respectively from the terminus of Streets "Ell and "C" to the
trail described above in this condition.
13. The developer shall dedicate to the City of Rancho Palos Verdes, record
on the final map, and construct to Conceptual Trails Plan standards, a
fifteen (15) foot wide soft footed public pedestrian trail easement with
an easy level of difficulty and minimum tread width of eight (8) feet as
shown in the attached Exhibit IIBII beginning at Point E and terminating
at Point N and Point N1.
M. SURVEY MONUMENTATION
1. Prior to recordation of the Final map, a bond, cash deposit, or
combination thereof, shall be posted to cover costs to establish survey
monumentation, in an amount to be determined by the City Engineer.
2. Within twenty-four (24) months from the date of filing the Final Map,
the developer shall set remaining required survey monuments and center
line tie points and furnish the center line tie notes to the City
Engineer.
3. All lot corners shall be referenced with permanent survey markers in
accordance with City Municipal Code.
N. STREET NAMES AND NUMBERING
1. Any street names and house numbering plans shall be provided to the City
by the developer for approval by the City Engineer.
P.C. Resolution No. 93-29
Exhibit "A"
Page 10 of 12
0
O. PARK AND OPEN SPACE DEDICATION AND MAINTENANCE
1. Prior to recordation of the Final Map, the developer shall pay to the
City of Rancho Palos Verdes, dedicate land, or a combination thereof to
satisfy requirements of the Quimby Act. The land value used to
calculate the fee shall be determined through a M.A.I. appraisal
prepared and provided to the City within 60 days of City approval of the
project.
2. The existing remnant from World War II facilities located at or near
Point "Ell as shown on the attached Exhibit "B" Trails map shall be
preserved as part of the public open space. A plaque commemorating the
facility and describing its uses shall be placed at the location.
3. In order to cover the maintenance costs associated with all public parks
and trails located within the tract, the City shall either 1) form a
maintenance district consisting of the residential property owners and
golf course owner(s) within the tract; or 2) include such areas in a
City wide assessment district; or 3) otherwise assume responsibility for
the maintenance of such areas. Neither the developer nor any successors
in interest, including but not limited to individual purchasers of any
individual lot(s), shall object to the formation of any such
maintenance district(s) by the City. All fees associated with any such
maintenance district(s) shall be calculated by the Director of Public
Works and shall be based on a proportionate fair share between the
owner(s) of the golf course and owner of each residential property, or
as otherwise deemed appropriate by the City based on the type of
maintenance district formed and the allocation of benefits. Written
notice of this condition shall be provided to purchasers of the golf
course and purchasers of any individual lot within the development.
This condition shall also be included in the CC & R's for the tract.
4. The developer shall dedicate to the City of Rancho Palos Verdes and
record on the final map Lots A, D, E, and F for public open space. Lot
A (West Vista Park) shall be a minimum of 1.5 acres in size. Lot D
(Halfway Point Park) shall be a minimum of 4.9 acres in size. Lot E
(West Bluff Preserve) shall be a minimum of 7 acres. Lot F (Halfway
Point Preserve) shall be a minimum of 3.3 acres in size.
5. The developer shall dedicate to the City of Rancho Palos Verdes and
record on the final map Lot G to include the Coastal Bluff Dedication
with a minimum area of 24.4 acres and the East/West Access Corridor
with a minimum area of 5.4 acres for public open space. The final
configuration of the Access Corridor shall be determined prior to
issuance of grading permits or prior to final of any map, whichever
occurs first.
P. RELATED APPLICATIONS
1. The approval is conditioned upon compliance with all conditions of
approval for Conditional Use Permit No. 162 and Grading Application No.
1541, which are incorporated herein by reference and are hereby made a
part of this approval.
1
2. This approval is conditioned upon compliance with all mitigation
measures contained in Environmental Impact Report No. 36 and the
Mitigation Monitoring Program, which are incorporated herein by
reference and are hereby made a part of this approval.
Q. COASTAL ZONE RESTRICTION
1. The final map shall clearly delineate and label the "Coastal Setback
Zone" line as established in the city's Coastal Specific Plan. A note
shall be placed on the map stating that no permanent structures shall be
P.C. Resolution No. 93-29
Exhibit "A"
Page 11 of 12
k) -
allowed closer than twenty-five (25) feet to the Coastal Setback Zone.
This area shall be designated on the final map as "Building Grading
Restriction" area. All residential lots shown on the final map shall
provide for a minimum buildable area of 3,000 square feet of contiguous
area, exclusive of required setbacks and any portions of the lot located
seaward of the Building Grading Restriction Line, or they shall be
eliminated from the final map.
R. MITIGATION MONITORING PROGRAM
1. All Costs associated with implementation of the Mitigation Monitoring
Program shall be the responsibility of the developer.
A 1666COND OT
P.C. Resolution No. 93-29
Exhibit "A"
Page 12 of 12