PC RES 1994-042P.C. RESOLUTION NO. 94-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING REVISIONS TO CONDITIONAL
USE PERMIT NO. 163 FOR A PUBLIC GOLF COURSE AND PUBLIC
OPEN SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT
MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS.
20970 AND 23004, LOCATED IN COASTAL SUBREGIONS 7 AND
8, WHICH COMPRISE THE DEVELOPMENT PROPOSAL KNOWN AS
OCEAN TRAILS.
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 93-53, certifying Environmental Impact Report
No. 36 and adopted Resolution Nos. 92-54, 92-55, 92-56 and 92-57, respectively
approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel
Map NOB. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal
Permit No. 103 and Grading Permit No. 1541 for a Residential Planned
Development consisting of a total of eighty-three (83) single family dwelling
units, an 18 hole public golf course and public open space on 261.4 acres in
Coastal Subregion Nos. 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's
approval of the project raised substantial issue, the California Coastal
Commission denied Coastal Permit No. 103, directed then landowners to redesign
the project to address the concerns raised by the Coastal Commission Staff and
remanded the project back to the City of Rancho Palos Verdes for
reconsideration; and,
WHEREAS, on 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 and adopted Resolution Nos. 92-116, 92-117,
92-118 and 92-119 approving Revisions to Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use
Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541
in order to address concerns raised by the coastal commission with regard to
adequate provisions for public open space, public access and habitat
preservation; and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved
Coastal Development Permit No. A -5 -RPV -93-5 (i.e. Coastal Permit No. 103),
subject to additional conditions of approval. In addition, on November 5,
1993, the Coastal Commission adopted revised and expanded findings in
conjunction with the project; and,
WHEREAS, on October 5, 1993, the City Council of the City of Rancho
Palos Verdes adopted Resolution No. 93-89 approving a second Addendum to
Environmental Impact Report No. 36 and adopted Resolution Nos. 93-90, 93-91,
93-92 and 93-93 respectively re -approving Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use
Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a
Court mandate to provide affordable housing in conjunction with the project,
pursuant to Government Code Section 65590; and,
WHEREAS, on July 27, 1994, Palos Verdes Land Holdings Company and
Zuckerman Building Company, submitted an application package to the City of
Rancho Palos Verdes, requesting approval for certain revisions to the approved
Ocean Trails project, including, but not limited to, relocation of the golf
course clubhouse from the area southwest of the School District property to an
area north of Half Way Point, locating the golf course maintenance facility
and four (4) affordable housing units southeast of the corner of Palos Verdes
Drive South and Paseo Del Mar, reducing the number Of single family
residential lots from eighty-three (83) to seventy-five (75) and increasing
the height of the golf course clubhouse from thirty (30) feet to forty-eight
(48) feet; and,
WHEREAS, on August 9, 1994, 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. 3 to
Environmental Impact Report No. 36 and the proposed Revisions to 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: In considering the proposed revisions to the project, the
Planning Commission has determined that the preparation of Addendum No. 3 to
Environmental Impact Report No. 36 is appropriate, since the subsequent
changes in the project will not result in any new significant environmental
impacts which were not previously identified and analyzed in Environmental
Impact Report, that the subsequent changes will not result in an increase in
any previously identified significant environmental impacts, that the Addendum
does not contain new information of substantial importance to the project and
that only minor technical changes or additions are necessary to make
Environmental Impact Report adequate under the provisions of the California
Environmental Quality Act (CEQA).
Further, the revised project will result in a slight decrease in the impacts
identified in the previous EIR, since the number of single family residential
lots will be decreased from eighty three (83) to seventy five (75) lots; the
golf course clubhouse, affordable housing complex and maintenance facility
will be located in areas of the site previously to be occupied by single
family residential lots; the design of the clubhouse steps down with the
terrain so that the upslope portion of the structure will not exceed the
previously permitted 30 feet height limit and only architectural elements (a
stairway tower and two chimneys) will exceed the previously approved ridge
height by 8 feet in order to articulate the building mass and add visual
interest; the amount of public open space and golf course is being increased
by 9.8 acres and 2.1 acres, respectively; the amount of public parking will be
increased by 75 spaces; and, public trails through the site will be increased.
Therefore, based on the review of Draft Addendum No. 3 to Environmental Impact
Report No. 36 prepared in association with the proposed revisions to the Ocean
Trails project, as conditioned, the Planning Commission finds that the project
still mitigates, or reduces to the extent feasible, significant adverse
effects to adjacent properties or the permitted uses thereof. In approving
the revised project, the Planning Commission finds that social, recreational,
and other benefits of the project continue to 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. Accordingly, the Planning Commission hereby incorporates into
this P.C. Resolution, by reference, the Final EIR No. 36, the Supplemental
EIR, Addendum Nos. 1 and 2, P.C. Resolution No. 94-38 and Resolution No. 92-
115 (which includes, without limitation, the detailed statement of overriding
considerations set forth therein), pursuant to the California Environmental
Quality Act.
Section 2: Pursuant to Section 17.56.060 of the Development Code, the
Planning commission, in approving the revisions to Conditional Use Permit No.
163 for the public golf course and related uses, finds as follows:
P.C. Resolution No. 94-42
Page 2 of 4
A. That the golf course and related uses are consistent with the General
Plan and its objectives. The General Plan land use map designates
almost the entire project site as Residential, with a maximum density of
one dwelling unit per acre, and shows the coastal bluffs as hazard
areas. The General Plan provides for additional commercial recreational
uses within the City as appropriate to a particular location, including
golf, equestrian, tennis and other recreational activities, and
designates the City's entire coastal area as a specific plan district.
Further, that the project complies with the criteria set forth in the
General Plan for the Natural, Socio/Cultural and Urban overlay Control
Districts on the site. As conditioned, the project preserves natural
drainage courses and significant geologic, biologic and hydrologic
features in compliance with the Natural Overlay Control District,
protects areas that have significant historical, archeological or
cultural importance in compliance with the Socio/Cultural District and
preserves, protects and enhances public views and vistas in compliance
with the Urban overlay control District.
B. That the proposed golf course use is consistent with the City's
Development Code as a conditionally permitted use in any district when
deemed to be necessary or desirable for the public convenience or
welfare and when the use is not contrary to the General Plan or its
objectives or contrary to the Coastal Specific Plan or its objectives
and requirements. Public recreational uses, such as a golf courser are
encouraged by policies of the Coastal specific Plan and General Plan. A
public golf course is necessary and desirable in that it will provide a
cash surplus to the City, it will add to the views from adjacent
properties and from Palos Verdes Drive South, it will permit expanded
public access to the coast and current demand for golf tee times greatly
exceeds supply for existing public golf courses on the Peninsula and, as
a result, many peninsula and City residents must travel great distances
to golf.
The Planning Commission hereby finds that the proposed golf course is
necessary and desirable for the public convenience and welfare and, as
Bet forth in sections 2(A) & (B) above, it is not contrary to either the
General Plan or the Coastal Specific Plan.
C. That given the adjacent land uses and the project's location and design,
as modified herein, and recommended conditions imposed through this
permit, the 261.4 acre site is adequate in size and configuration to
accommodate the proposed uses including a Residential Planned
Development and golf course.
D. That given the adjacent land uses and the project's location and design,
as modified herein, and the recommended conditions imposed by
Conditional use Permit No. 163, attached hereto as Exhibit "All, the site
is adequate in lot size and configuration to accommodate the golf
course, clubhouse and related facilities.
E. That the site is served by Palos Verdes Drive South which is an improved
street designed to carry the type and quantity of traffic that would be
generated by the proposed project.
P.C. Resolution No. 94-42
Page 3 of 4
0
F. That, given the site location, project design, and recommended
conditions imposed through this permit and attached hereto as Exhibit
"All, including setbacks, heights, lighting, landscaping, fencing, hours
of operation, and other recommended conditions, the proposed use will
not significantly adversely affect the peace, health, safety, or general
welfare of the area, nor will it be materially detrimental to property
values, jeopardize, endanger, or otherwise constitute a menace to the
public health, safety, and welfare of persons in the surrounding area.
G. That the proposed project, as conditioned, mitigates or reduces
significant adverse effects to adjacent properties or the permitted uses
thereof. In recommending approval, the Planning commission finds that
the social, recreational, and other benefits of the project outweigh any
unavoidable adverse environmental impacts that may occur. The project
provides visitor -serving uses in the coastal zone and, as a floating
commercial use, the proposed golf course complies with permitted uses in
the RS-1/RPD and zone as shown in the Official Zoning Map, and with
permitted single family residential uses as designated in the General
Plan, and Coastal Specific Plan, while preserving and enhancing habitat
areas and providing passive and active recreational uses with a bluff
road, public parking, trails, and vista points that will provide public
recreational opportunities and preserve public vistas.
Section 4: All mitigation measures required in Environmental Impact
Report No. 36, the Supplement to EIR No. 36 and Addendum Nos. 1 and 2 to EIR
No. 36 and Draft Addendum No. 3 to EIR No. 36 are hereby incorporated by
reference into the recommended conditions of approval for the approval of
revisions to Conditional Use Permit No. 163.
Section 5: For the forgoing reasons, and based on information and
findings contained in the public record, including staff reports, minutes,
records of proceedings, and evidence presented at the public hearings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves
revisions to Conditional Use Permit No. 163, subject to the conditions of
approval attached in Exhibit "A", which are necessary to protect the public
health, safety and general welfare, and subject to the approval of revisions
to Vesting Tentative Tract Map Nos. 50666 and 50667; and approval of Draft
Addendum No. 3 to Environmental Impact Report No. 36.
PASSED, APPROVED and ADOPTED this 23rd day of August, 1994.
!d 40f t
Bret,B. Befnard'
P
Director c5f PlannTnC, Building and
Code Enforcement, and Secretary to
the Planning Commission
CP/OT3 RECUP163.OT3
Gilbert Alberio
Chairman
P.C. Resolution No. 94-42
Page 4 of 4
"EXHIBIT A"
CONDITIONS OF APPROVAL FOR GOLF COURSE DEVELOPMENT
CONDITIONAL USE PERMIT NO. 163
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of the Conditional Use Permit, the
developers shall submit, in writing, a statement that they have read,
understand and agree to all of the conditions of approval contained in
this exhibit.
2. In compliance with Fish and Game Code Section 711.4, the developer shall
submit to the City a cashier's check payable to the Los Angeles County
Clerk in the amount of $850.00 for a filing fee and a cashier's check in
the amount of $25.00 for a documentary handling fee within 48 hours of
City approval of these permits. The developer shall also pay any fine
imposed by the Department of Fish and Game, if required.
3. The developer shall participate in, and pay any fees required by, the
City's Public Art Program. Any proposal for participation shall be
submitted to the City prior to the issuance of grading permits.
4. The developer shall fund an alternative water source study in an amount
not to exceed fifty thousand (50,000) dollars. The purpose of the study
shall be to investigate the feasibility of developing various
alternative water sources for support of the golf course and related
facilities including such alternatives as desalinization, reverse
osmosis and other similar technologies, water reclamation, use of de-
watering wells, etc.
5. If the current drought conditions continue, or if for any other reason
the availability of water continues to be scarce, the developer or its
successor in interest shall contribute its proportionate share of the
cost of developing new water sources for the City, including off-site
development. The City or other responsible agency shall determine the
amount of the proportionate share by conducting the necessary studies.
6. Approval of this Conditional Use Permit is conditioned upon the
applicant entering into an agreement with the City of Rancho Palos
Verdes within twenty (20) days of the date of this approval, subject to
approval by the City Attorney, to indemnify and defend the City against
all damages, claims, judgements, and litigation costs, including,
without limitation, attorney's fees awarded to a prevailing party,
arising from the approval of the project and all issues related thereto.
B. PERMIT EXPIRATION
1. Pursuant to Development Code Section 17.67.090, this permit shall expire
within twenty four (24) months from the date that the Coastal Permit
associated with this Conditional Use Permit is approved by the last
responsible agency approval, unless a grading permit for the golf course
and building permits for the clubhouse structure have been applied for
and are being diligently pursued. Extensions of up to one (1) year each
may be granted by the Planning commission, if requested in writing prior
to expiration.
2. If rough grading for the golf course and construction to the point of
foundation inspection for the clubhouse structure has not been completed
within twenty four (24) months from the date of building permit
issuance, the Conditional Use Permit shall expire and be of no further
effect, unless, prior to expiration, a written request for extension is
filed with the Director of Planning, Building and Code Enforcement and
is granted by the Planning Commission. otherwise, a new Conditional Use
Permit must be approved prior to further development.
C. GOLF COURSE CLUBHOUSE
1. The golf clubhouse shall be located near the terminus of Street "A"
(Paseo Del Mar extension), in the area generally described as east of
Forrestal Canyon, south of the single family Lot Nos. 6, 7, and 8
located on Street "B", and north of Half Way Point Park, provided that a
minimum factor of safety of 1.5 can be demonstrated for the clubhouse
structure. In order to provide continuity for the public arriving on
the site to access the coastline and to provide an adequate visual
connection between Street "All and Half Way Point Park, in addition to
appropriate signage and monumentation to identify the location of the
public park, the location of the clubhouse structure may be moved a
maximum of twenty five (25) feet to the west to provide a public visual
corridor, subject to the review and approval of the Director of
Planning, Building and Code Enforcement. However, no portion of the
clubhouse shall be located in areas currently zoned Open Space Hazard
(OH). If the developer is unable to provide for a minimum factor of
safety of 1.5 using mechanical methods, including but not limited to de-
watering wells, or if the clubhouse location is modified for any other
reason, the developer shall submit an application for a revision to this
Conditional Use Permit, for review and approval by the Planning
Commission and City Council prior to recordation of any Final map.
2. The size, height, design and placement of the clubhouse shall
substantially conform to the plans reviewed by the Planning Commission
which are entitled "Ocean Trails Clubhouse" (site plan, upper floor
level, lower floor level and elevations), prepared by Klages Carter Vail
and Partners, dated May 1, 1994 and dated as received by the City on
August 5, 1994. Prior to issuance of grading permits, the final
clubhouse design shall be submitted for review and approval by the
Director of Planning, Building and Code Enforcement. As part of the
final review, the Director may approve up to a 20% increase in the
square footage of the building and up to a 10% increase in the footprint
of the building. The developer of the clubhouse shall be required to
participate in any Design Review Committee ("DRC") or similar body
processes in place at the City at the time development and construction
plans for the clubhouse are submitted.
3. The public restrooms on the lower level of the clubhouse shall be
increased in size to include a minimum of four (4) water closets in the
women's facility and one (1) water closet and two (2) urinals in the
men's facility. The design, orientation and signage of this facility
shall clearly encourage use by the public visiting the adjacent park and
access trails. The final design of the public restrooms shall be
subject to the review and approval of the Director of Planning, Building
and Code Enforcement.
4. The height of the clubhouse shall conform to the requirements of
Variance No. 380, as specific in P.C. Resolution No. 94-44.
P.C. Resolution No. 94-42
Exhibit "All
Page 2 of 14
D. AFFORDABLE HOUSING
1. The developer shall provide a minimum of four (4) dwelling units on-site
as rental housing, which shall be affordable to very low to low income
households. These units shall be provided on-site in conjunction with
development of the clubhouse and/or golf course maintenance facilities.
Each unit shall contain at least 850 square foot of living space and two
bedrooms. A minimum of two enclosed parking spaces shall be provided
for each unit. The units shall be available for rent within one year of
the opening of the clubhouse. A covenant which guarantees that the
affordable units shall not revert to market rate for a minimum period of
thirty years shall be recorded no later than the date of recordation of
the final map.
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to low income
employees of the Ocean Trails project. Second priority shall be given
to persons within very low to low income levels working within four
miles of the City's coastal zone. Third priority shall be given to
persons within very low to low income levels, regardless of the location
of employment (if employed).
2. The total number of on-site market -rate dwelling units shall be limited
to one dwelling unit per buildable acre of land. However, as an
incentive to the developer to provide affordable housing, the four (4)
affordable dwelling units to be provided on-site, pursuant to Condition
D.1 above, shall be allowed to exceed the one dwelling unit per
buildable acre maximum. However, in no event shall more than 79 units
(both market -rate and affordable) be constructed on the total project
site, which includes Vesting Tentative Tract Map Nos. 50666 and 50667.
3. The on-site affordable dwelling units required in Condition C.1 above
shall be located in an area of the site which demonstrates a minimum
factor of safety of 1.5. Additionally, no portion of the affordable
dwelling units shall be located in areas currently zoned Open Space
Hazard (OH).
4. The developer shall provide a minimum of four (4) dwelling units off-
site as rental housing, which shall be affordable to very low to low
income households.
The off-site units shall be located in the City, either within the
City's coastal zone or within three miles thereof, and shall not already
be designated for or used by persons or families of very low to moderate
income levels. The units shall contain at least 850 square feet of
habitable space and two bedrooms. The units shall be available for rent
at the time when 50% of the market -rate lots are available for sale.
The units shall remain affordable to very low to low income households
for a period of at least thirty years after initial occupancy at the
affordable rate.
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to low income
employees of the Ocean Trails project. Second priority shall be given
to persons within very low to low income levels working within four
miles of the City's coastal zone. Third priority shall be given to
persons within very low to low income levels, regardless of the location
of employment (if employed).
P.C. Resolution No. 94-42
Exhibit "A"
Page 3 of 14
5. The on-site affordable housing units shall be located near the southeast
intersection of Palos Verdes Drive South and Paseo Del Mar, provided
that mechanical methods including, but not limited to de -watering wells,
are utilized to ensure a minimum factor of safety of 1.5 for the
clubhouse structure. Additionally, no portion of the affordable housing
units shall be located in areas currently zoned Open Space Hazard (OH).
If the developer is unable to provide for a minimum factor of safety of
1.5 using mechanical methods, or if the location of the affordable
housing complex is modified for any other reason, the developer shall
submit an application for a revision to this Conditional Use Permit, for
review and approval by the Planning Commission and City Council prior to
recordation of any Final Map.
6. The size, height, design and placement of the affordable housing complex
shall substantially conform to the plans reviewed by the Planning
Commission, which are entitled "Ocean Trails Clubhouse" (site plan,
floor plans and elevations), prepared by Klages Carter Vail and
Partners, dated May 1, 1994 and dated as received by the City on August
5, 1994. However, the required parking shall be modified to include a
minimum of eight (8) enclosed garage spaces, pursuant to Condition D.1
above. Prior to issuance of grading permits, the final design of the
affordable housing complex shall be submitted for review and approval by
the Director of Planning, Building and Code Enforcement. The developer
of the affordable housing complex shall be required to participate in
any Design Review Committee ("DRC") or similar body processes in place
at the City at the time development and construction plans for the
affordable housing units are submitted.
7. The unenclosed guest parking spaces associated with the affordable
housing complex shall be designed in such a manner as to blend with the
single family residential appearance of the complex. Prior to the
issuance of grading permits, the final design of the guest parking
spaces shall be submitted for review and approval of the Director of
Planning, Building and Code Enforcement.
E. GOLF COURSE MAINTENANCE FACILITY
1. The golf course maintenance facility shall be located near the southeast
intersection of Palos Verdes Drive South and Paseo Del Mar and the
affordable housing complex, provided that mechanical methods including,
but not limited to de -watering wells, are utilized to ensure a minimum
factor of safety of 1.5 for the maintenance structure. Additionally, no
portion of the golf course maintenance structure shall be located in
areas currently zoned Open Space Hazard (OH). If the developer is
unable to provide for a minimum factor of safety of 1.5 using mechanical
methods, or if the location of the golf course maintenance facility is
modified for any other reason, the developer shall submit an application
for a revision to this Conditional Use Permit, for review and approval
by the Planning Commission and city council prior to recordation of any
Final Map.
P.C. Resolution No. 94-42
Exhibit "A"
Page 4 of 14
110
2. The size, height, design and placement of the golf course maintenance
facility shall substantially conform to the plans reviewed by the
Planning Commission, which are entitled "Ocean Trails Clubhouse" (site
plan, floor plans and elevations), prepared by Klages Carter Vail and
Partners, dated May 1, 1994 and dated as received by the City on August
5, 1994. Prior to issuance of grading permits, the final design of the
maintenance facility shall be submitted for review and approval by the
Director of Planning, Building and Code Enforcement. The developer of
the golf course maintenance facility shall be required to participate in
any Design Review Committee ("DRC") or similar body processes in place
at the City at the time development and construction plans for the
facility are submitted.
3. In addition to the requirements set forth in Condition E.2 above, the
orientation of the golf course maintenance facility shall be rotated by
approximately 90 degrees, so that the roll-up doors to the service and
equipment storage area are facing the golf course, away from the
residential areas to the north across Palos Verdes Drive South and the
Ocean Terraces condominium complex to the southeast. The final
orientation of the structure shall be subject to the review and approval
of the Director of Planning, Building and Code Enforcement.
4. The golf course maintenance facility shall be enclosed by a maximum six
(6) foot high, decorative block wall. The final location of the wall
shall be subject to the review and approval of the Director of Planning,
Building and Code Enforcement.
F. DESIGN OF THE GOLF COURSE
1. The design and layout of the 18 hole golf course shall substantially
conform to the plans reviewed by the Planning Commission, which are
entitled "Ocean Trails, Final Site Plan, Tentative Tract Map No. 50666
and 50667, June 15, 1994" prepared by Robert Bein Frost and Associates,
and dated as received by the City on August 5, 1994. Prior to issuance
of grading permits, the final design of the golf course shall be
submitted for review and approval by the Director of Planning, Building
and Code Enforcement, identifying the layout of the golf course holes
and other improvements, including drainage structures, utility
easements, public trails and beach access.
2. Any changes in the project which results in significant changes in the
development characteristics of the approved conceptual plan per
Condition F.1 above, including but not limited to the acquisition of the
School District property for golf course/open space purposes, shall
require that an application for a revision to the Conditional Use Permit
be filed. The scope of the review shall be limited to the request for
modification of any items reasonably related to the request, and shall
be subject to approval by the Planning Commission. Before any minor
changes are made to the development, the Director of Planning, Building
and Code Enforcement shall report to the Planning Commission a
determination of significance.
P.C. Resolution No. 94-42
Exhibit "A"
Page 5 of 14
0 0
3. Prior to issuance of any grading permit, the developer shall submit a
final public amenities plan, including signage, specific design
standards and placement for all trails, vista points and parking
facilities, and other amenities consistent with the Conceptual Trails
Plan and subject to the review of the Recreation and Parks Committee,
the Director of Planning, Building and Code Enforcement, the Director of
Public Works, and the Director of Parks and Recreation, and approval by
the City Council. The public amenities plan shall be in substantial
conformance with the program described in the "Ocean Trails Conceptual
Public Amenities and Coastal Access Program for Rancho Palos Verdes
Subregion 711, dated July 1994 and dated as received by the City on July
22, 1994.
4. Any additional acreage needed to increase the size or area for the golf
course and related uses shall be obtained by reducing the acreage
currently designated for residential purposes within Tract 50666, Tract
50667, or a combination thereof, provided a minimum of thirty (30)
percent of the area within each tract remains for Common Open Space.
Any additional acreage needed to increase the area of the golf course
shall not result in a reduction in the acreage of land to be dedicated
or restricted for public open space Uses as shown on the approved Ocean
Trails Plan.
5. Any artificial water features (water hazards, fountains, artificial
lakes, etc.) associated with the golf course are subject to review and
approval by the Director of Planning, Building and Code Enforcement.
Such features shall be permitted, subject to the conditions that they be
lined to prevent percolation of water into the soil and are charged with
reclaimed and appropriately treated water when available from related
uses after such features are initially established. The reclaimed water
stored in any artificial water features shall be used to supplement the
irrigation systems required to maintain the golf course. The operation
of the water features and reclaimed water shall be subject to all
applicable health code requirements. If there are any violations ..In
this conditions of approval, or if such features create a public
nuisance at any time (visual appearance, odor, etc.). approval of such
features may be revoked through a public hearing before the Planning
Commission, where mitigation including draining, filling, and re-
landscaping may be imposed.
6. Any accessory structures associated with the golf course, including but
not limited to a snack shop, convenience and comfort facilities, or
similar structures, shall not exceed sixteen (16) feet in height unless
a minor revision to the Conditional Use Permit and a Variance are
granted by the Planning Commission.
G. OPERATION OF THE GOLF COURSE
1. Approval of this Conditional Use Permit is contingent upon the
concurrent and continuous operation of the primary components Of the
project, which are the golf course and clubhouse. If either use is
discontinued, this Conditional Use Permit will be null and void. If the
landowner or the landowner's successor in interest seeks to change the
uses which have been designated, the landowner must file an application
for a major modification of the Conditional Use Permit with the City.
At that time, the Planning Commission may impose such conditions as it
deems necessary upon the proposed use and may consider all issues
relevant to the proposed change of use, including, but not limited to,
whether the entire Conditional Use Permit should be revoked.
P.C. Resolution No. 94-42
Exhibit "A"
Page 6 of 14
0 0
2. The hours of operation of the clubhouse may be limited by the City
Council based on the determination that excessive sound is audible from
surrounding residential properties.
3. Deliveries utilizing vehicles over forty (40) feet in length shall be
limited to the hours of 5:00 a.m. to 9:00 p.m. Monday through Friday,
and 7:00 a.m. to 9:00 p.m. on Saturday and Sunday. Other vehicles shall
be allowed to make deliveries 24 hours a day.
4. The use of air (leaf) blowers and gardening equipment shall not occur
before 8:00 a.m. or after 5:00 p.m. Monday through Friday or before 9:00
a.m. or after 4:00 p.m. on Saturday. Use of such equipment is
prohibited on Sunday or national holidays.
S. No on-site repair or delivery of equipment and/or materials shall be
permitted before 7:00 a.m. or after 4:00 p.m., except for repair of golf
course equipment within enclosed structures.
6. Prior to issuance of grading permits, the developer shall submit a green
waste management and recycling program for review and approval by the
Directors of Planning, Building and Code Enforcement and Public Works.
7. The operator of the golf facilities shall participate in the City's
recycling program.
8. The City hereby reserves the right to establish a future fee or tax (for
example a greens fee) on the golf course use to which the developer and
any successors in interest to the developer and any owner(s) and/or
operator(s) of the golf course shall not object. Written notice of this
condition shall be provided to any purchaser(s) and/or operator(s) of
the golf course.
9. Any future heliport proposed with this development shall be subject to a
new and separate Conditional Use Permit. No heliport is permitted with
this approval.
H. MISCELLANEOUS DESIGN STANDARDS
1. All golf course signage, including trail signage, shall be subject to a
sign permit and subsequent review and approval by the Director of
Planning, Building and Code Enforcement.
2. All trash enclosure walls shall be a maximum of 6 feet in height and
designed to accommodate recycling bins and shall have solid, self
closing gates and be integrated into the building design.
3. All utilities exclusively serving the site shall be provided
underground, including cable television, telephone, electrical, gas, and
water. All appropriate permits shall be obtained for their
installation. Cable television, if utilized, shall be connected to the
nearest trunk line at the developer's expense.
4. No roof mounted mechanical equipment, vents, or ducts, shall be
permitted. All other mechanical equipment shall be screened and/or
covered as necessary to reduce their visibility from public rights-of-
way or adjacent properties. Any necessary screening and covering shall
be architecturally harmonious with the materials and colors of the
buildings. Use of satellite dish antennae shall be subject to the
conditions and requirements of Sections 17.41.140 through 17.41.210 of
the Rancho Palos Verdes Development Code.
P.C. Resolution No. 94-42
Exhibit "A"
Page 7 of 14
410 110
5. 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.
6. No gates or other devices shall be permitted which limit direct access
to the site. No freestanding fences, walls, or hedges shall be allowed,
unless part of the fencing plan reviewed and approved by the Director of
Planning, Building and Code Enforcement as required by Condition No.
F.1.
7. All retaining walls are subject to review and approval by the Director
of Planning, Building and Code Enforcement. Unless otherwise provided,
retaining walls shall conform to the criteria established in Section
17.50 of the Rancho Palos Verdes Development Code.
I. PARKING
1. Prior to the issuance of any grading permit, the developer shall submit
a final parking plan reflecting the parking design for the approved
project, including calculations for the number of parking spaces
required for the golf course, clubhouse and ancillary uses, and any on-
site dining facilities. The parking plan shall be subject to review and
approval by the Director of Planning, Building and Code Enforcement.
Requests for extensions may be granted by the Director of Planning,
Building and Code Enforcement for up to one hundred eighty (180) days.
2. A minimum of one hundred fifty (150) parking spaces shall be constructed
in a lot adjacent to the clubhouse, as designated in the parking plan,
for golf course, clubhouse and public use. A minimum of seventy five
(75) overflow parking spaces and a minimum of twenty five (25) employee
parking spaces shall be constructed in a lot adjacent to the golf course
maintenance facility shall be constructed in a lot adjacent to the golf
course maintenance facility, as designated in the parking plan, for golf
course, clubhouse and public use.
3. All parking areas shall be designed to mitigate or eliminate non-
aesthetic noise and views which may impact surrounding single family and
multi-family residences, subject to the review and approval of the
Director of Planning, Building and Code Enforcement.
J. LIGHTING
1. Exterior lighting shall be limited to the Standards of Section 17.54.030
of the Development Code.
2. Prior to issuance of building permits, a lighting plan shall be
submitted to the Director of Planning, Building and Code Enforcement for
review and approval and there shall be no direct off-site illumination
from any light source.
3. Parking and security lighting shall be kept to minimum safety standards
and shall conform to all applicable City requirements. Fixtures shall
be shielded to prevent lighting from illuminating on or towards other
properties; there shall be no spill-over 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.
P.C. Resolution No. 94-42
Exhibit "A"
Page 8 of 14
4. No golf course lighting shall be allowed.
K. LANDSCAPING
1. Prior to issuance of grading permits, the developer shall submit a final
landscape and irrigation plan to the Director of Planning, Building and
Code Enforcement for review and approval of the clubhouse, golf course
and appurtenant structures, parking lot, and all open space areas within
the boundaries of the parcel maps and/or tract maps, roadway medians and
public trails. The final landscape and irrigation plan shall conform to
California State Model Water Efficient Landscape ordinance (per State
Assembly Bill 325) and shall include the following:
a. Aminimum of eighty percent (80%) drought tolerant plant materials
for all landscaped areas.
b. Landscaping within the project area shall be planted in such a
manner so that views from adjacent properties and any public
right-of-way are not affected.
C. All trees selected shall be of a species which reasonably could be
maintained at 16 feet. Said trees shall be maintained not to
exceed 16 feet in height.
d. The re -seeding and re-establishment of natural plant species for
all of the disturbed open space areas. Said plan shall include
site specific and non-invasive species, and shall be reviewed and
commented on by the project biologist and interested parties, and
shall be subject to the approval of the Director of Planning,
Building and Code Enforcement.
e. Landscaping and irrigation plans for all rough graded surfaces
which have been scarified through grading operations.
f. The landscaped entries and buffer zones shall meet the standards
for Intersection Visibility (Section 17.42.060), as identified in
the Development Code.
9- Irrigation systems shall utilize drip and bubbler systems wherever
possible. Controlled spray systems may be used where drip or
bubbler systems are not appropriate. All sprinkler heads shall be
adjusted to avoid over -spray.
h. All high water use areas shall be irrigated separately from
drought tolerant areas.
i. Irrigation systems shall be on automatic timers and shall be
adjusted for seasonal water needs.
j- Where practical, transitional landscaping on graded slopes shall
screen the project's night lighting as seen from surrounding
areas.
2. Within 30 days after Final Map approval, or prior to issuance of
building permits, whichever occurs first, the developer shall submit to
the City a Covenant to Maintain Property to protect views. All fees
associated with recording said covenant shall be paid by the developer.
P.C. Resolution No. 94-42
Exhibit "A"
Page 9 of 14
L. FENCING PLANS
1. A complete project fencing plan (including public trails, habitat areas,
warning signage, and proposed fence and wall details) shall be approved
by the Director of Planning, Building and Code Enforcement and/or the
Design Review Committee ("DRC") or similar body if established, prior
to issuance of grading permits or recordation of the Final Map,
whichever occurs first. It shall be the responsibility of the developer
to install this fencing prior to Bale of any lot within each workable
phase. said fencing plans shall incorporate the following:
a. A 42 inch high pipe rail fence or similar fencing of suitable
design shall be placed along the length of the bluff top on the
seaward side of the bluff top pedestrian trail, subject to the
review and approval of the Director of Planning, Building and Code
Enforcement. It shall be the responsibility of the developer to
install this fencing and warning signage to coincide with the
construction of the bluff top pedestrian and bicycle trail.
b. A protective fence around the California gnatcatcher habitat areas
and around all wildlife corridors adjacent to residential
development, or as otherwise required by the Director of Planning,
Building and Code Enforcement shall be installed. Fencing of all
enhancement areas shall also be required, subject to the review
and approval of the Director of Planning, Building and Code
Enforcement. said fencing shall satisfy all requirements of the
project biologist, incorporate a method to prevent domesticated
animals from entering the habitat areas, include appropriate
warning signage, and shall be black or dark green in color.
Temporary fencing shall be installed around the existing wildlife
corridors and habitat areas prior to the issuance of grading
permits and the permanent fencing shall be installed prior to the
sale of any lot within adjacent workable phases.
C. Protective fencing along all trails and open space areas where
there is a potential conflict between golf course uses and public
access uses. The required location(s) of said fencing shall be
determined at the time the final golf course layout is reviewed
and approved by the Planning Commission.
M. ARCHEOLOGY AND PALEONTOLOGY
1. A qualified archaeologist shall make frequent inspections during the
rough grading operation to further evaluate cultural resources on the
site. If archaeological resources are found, all work in the affected
area shall be stopped and the resources shall be removed or preserved.
All "finds" shall be reported to the Director of Planning, Building and
Code Enforcement immediately. All archaeological finds shall be first
offered to the City for preservation.
2. A qualified paleontologist shall be present during all rough grading
operations. If paleontological resources are found, all work in the
affected area shall be stopped and the resources shall be removed or
preserved. All "finds" shall be reported to the Director of Planning,
Building and Code Enforcement immediately. All paleontological finds
shall be first offered to the City for preservation.
P.C. Resolution No. 94-42
Exhibit "A"
Page 10 of 14
0 0
N. BIOLOGY
1. Prior to issuance of grading permits, or prior to final of any map,
whichever occurs first, the developer shall submit a Final Biological
Resources Preservation Plan/Habitat Preservation Plan (11BRPP/HPP") for
review and comment by local wildlife and habitat preservation groups,
and subject to approval by the Planning Commission.
2. A qualified biologist shall be present during all rough grading
operations to verify and ensure compliance with mitigation measures
contained in Environmental Impact Report No. 36 for preservation of
biological resources, and conformance with the conditions and
requirements of the Biological Resources Preservation Plan as described
in Condition L.1 above.
O. WATER
1. Prior to issuance of grading permits, the developer must submit a labor
and materials bond in addition to either:
a. An agreement and faithful performance bond in the amount estimated
by the City Engineer and guaranteeing the installation of the
water system; or
b. An agreement and other evidence satisfactory to the City Engineer
indicating that the developer has entered into a contract with the
servicing water utility to construct the water system, as
required, and has deposited with such water utility a security
guaranteeing payment for the installation of the water system.
2. There shall be filed with the City Engineer a statement from the
purveyor indicating that the proposed water mains and any other required
facilities will be operated by the purveyor, and that, under normal
operating conditions, the system will meet the needs of the development.
3. There shall be filed with the City Engineer an unqualified "will serve"
statement from the purveyor indicating that water service can be
provided to meet the demands of the proposed development. Said
statement shall be dated no more than six months prior to issuance of
building permits for the clubhouse. Should the developer receive a
qualified "will serve" statement from the purveyor, the City shall
retain the right to require the developer to use an alternative water
source, subject to the review and approval of the City, or the City
shall determine that the conditions of the project approval have not
been satisfied.
4. The development shall be served by adequately sized water system
facilities which shall include fire hydrants of the size, type, and
location as determined by the Los Angeles County Fire Department. The
water mains shall be Of sufficient size to accommodate the total
domestic and fire flows required for the development. Domestic flow
requirements shall be determined by the City Engineer. Fire flow
requirements shall be determined by the Los Angeles County Fire
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.
P.C. Resolution No. 94-42
Exhibit "A"
Page 11 of 14
11
P. DRAINAGE
1. Prior to issuance of grading permits, a bond, cash deposit, or
combination thereof, shall be posted to cover the costs of construction
of drainage improvements in an amount to be determined by the City
Engineer.
2. Prior to issuance of grading permits, the developer shall submit a
hydrology study to the City Engineer to determine any adverse impacts to
on-site and/or off-site existing flood control facilities generated by
this project. Should the City Engineer determine that adverse impacts
will result, the developer will be required to post a bond, cash
deposit, or combination thereof in an amount to be determined by the
Director of Public Works, which will cover the cost of all on-site
improvements and the project's fair share of the necessary off-site
improvements.
3. Drainage plans and necessary support documents to comply with the
following requirements must be submitted for approval by the City
Engineer prior to the issuance of grading permits:
a. Provide drainage facilities to remove any flood hazard to the
satisfaction of the City Engineer and dedicate and show easements
on the Final Map.
b. Eliminate sheet overflow and ponding or elevate the floors of any
structures with no openings in the foundation walls to at least
twelve inches above the finished pad grade.
C. Provide drainage facilities to protect the property from high
velocity scouring action.
d. Provide for contributory drainage from ad)oining properties.
4. All on-site drainage shall be directed away from the bluff top to
minimize erosion and to protect sensitive plant habitat on the bluff
face.
5. All drainage swales and any other on -grade drainage facilities,
including gunite, shall be of an earth tone color, as approved by the
Director of Planning, Building and Code Enforcement.
Q. PROJECT COMPLETION BONDS
1. Prior to recordation of the Parcel Map and/or Tract Map, or commencement
of work, whichever occurs first, the developer shall post a bond, cash
deposit, or other City -approved security to ensure the completion of all
golf course, clubhouse and related improvements, including: rough
grading, landscaping, irrigation, public trails, habitat restoration,
drainage facilities, and other site features as per approved plans.
P.C. Resolution No. 94-42
Exhibit "A"
Page 12 of 14
R. PUBLIC OPEN SPACE DEED RESTRICTION
1. Prior to issuance of grading permits or recordation of any final map,
the landowner shall record a restrictive covenant in favor of the City
in a form and on terms acceptable to the City, restricting all land
within the golf course, including any permanent structures, for golf
course and related recreational uses open to the public. Furthermore,
the deed restriction shall specify that conversion of any portion of the
approved facilities to a private or member -only use or the
implementation of any program to allow extended or exclusive use or
occupancy of the facilities by an individual or limited group or segment
of the public is specifically precluded by this permit and would require
an amendment to this permit or a new permit in order to be effective.
S. COMPLETION PER APPROVED PLANS
1. The developer shall designate appropriate workable phases (portions of
the development to include adjoining areas of grading, construction of
the clubhouse and associated improvements, streets of access, finish
grading phases, supporting off-site improvements and on-site drainage
and utility improvements) that shall be approved by the Director of
Planning, Building and Code Enforcement and the Director of Public
Works.
2. Any workable phase not under construction which has been scarified
through grading operations shall be irrigated and landscaped. Temporary
irrigation lines may be approved by the Director of Planning, Building
and Code Enforcement.
3. Prior to the issuance of grading permits, the developer shall post a
bond, cash deposit, or other City -approved security to guarantee
substantial vegetative cover and maintenance of all finish graded lots
which have not been sold for development.
4. No building permits shall be issued prior to finish grading within the
approved workable phase of the site in which each lot is located and
until the Director of Planning, Building and Code Enforcement has
determined that all drainage facilities and common area and off-site
improvements in the workable phase of the site and necessary for
development of the phase in the approved construction plan in which the
lots or structures are located are completed, to the extent that the
lots or structures are accessible and able to support development.
5. The developer shall participate in any Design Review Committee ("DRC")
or similar,body processes in place at the City at the time development
and construction plans for the clubhouse, golf course, and related
facilities are submitted to the City.
T. TRAILS PLAN AND PUBLIC AMENITIES IMPLEMENTATION
1. The developer shall be responsible for implementation and construction
of all amenities detailed in the public amenities plan as required per
Condition F.3 above, and Condition D.3 of P.C. Resolution No. 94-41.
Construction of the public amenities shall coincide with the project
grading activity and shall be completed upon certification of rough
grading.
P.C. Resolution No. 94-42
Exhibit "A"
Page 13 of 14
2. Construction of the public trails shall be the obligation of the
developer. Construction shall coincide with the project grading
activity and shall be completed upon certification of rough grading.
Dedication of the public trails shall occur at the time any Final Map is
recorded.
U. MITIGATION MEASURES
1. The development shall comply with all mitigation measures of
Environmental Impact Report No. 36. Where more restrictive language
appears in these conditions of approval, the more restrictive language
shall control.
2. All costs associated with implementation of the Mitigation Monitoring
Program shall be the responsibility of the Developer, and/or any
successors in interest.
MOTIPC163CON OT3
P.C. Resolution No. 94-42
Exhibit "A"
Page 14 of 14