CC RES 2016-007 RESOLUTION NO. 2016-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING REVISION "R" TO CONDITIONAL USE PERMIT NO.
215, GRADING PERMIT NO. 2229, COASTAL DEVELOPMENT PERMIT NO.
166, VARIANCE NO. 489, AND TENTATIVE PARCEL MAP NO. 26073
AMENDING THE COUNCIL-ADOPTED CONDITIONS OF APPROVAL TO 1)
RESTRIPE THE ENTRY DRIVEWAY TO CREATE TWO INBOUND LANES
AND ONE OUTBOUND LANE BY REPLACING THE REQUIRED BICYCLE
LANES WITH SHARROW LANES (SHARED VEHICLE AND BICYCLE LANE)
WITH NO MODIFICATION TO THE REQUIRED PARKING SPACES ALONG
THE OUTBOUND LANE; AND 2) REPLACE THE TURF AT THE MEADOW
LAWN AREA (ADJACENT TO THE BANQUET FACILITIES) WITH
PERMEABLE PAVERS TO FACILITATE THE CURRENT PRACTICE OF
INSTALLING TEMPORARY TENTS IN THIS AREA IN CONNECTION WITH
THE BALLROOM FACILITIES.
WHEREAS, on August 28, 2002, the City Council conditionally approved
Conditional Use Permit No. 215, Grading Permit No. 2229, Coastal Development Permit No.
166, Variance No. 489, and Tentative Parcel Map No. 26073 to allow the construction of a 400-
room resort hotel and bungalows with banquet and retail facilities, 50 casitas (3-keys for 150
total units), 32 villas, and a driving range with a 3-hole golf practice facility on property located at
6610 Palos Verdes Drive South; and
WHEREAS, the City Council's decision was subsequently appealed to the
Coastal Commission which, after conducting several public hearings, approved the hotel project
on August 7, 2003, with minor modifications to the City Council approved conditions; and
WHEREAS, on October 7, 2003, the City Council accepted the conditions of
approval as modified by the Coastal Commission as the final approval and directed the
applicant (Destination Development) to provide the Council with future updates on the status of
the project; and
WHEREAS, on November 16, 2015, Terranea submitted Planning Case No.
2015-00531 requesting to amend its Conditional Use Permit (CUP) and Grading Permit to allow
the proposed improvements. Said application was deemed complete for processing on January
25, 2016; and
WHEREAS, on January 28, 2016, pursuant to the City's Municipal Code, a public
notice was published in the Peninsula News and mailed to property owners within a 500-foot
radius of the project site and to interested parties including list-serve subscribers, inviting public
comments on the applicant's request to amend the Council-adopted Conditions of Approval as
Revision "R" to Conditional Use Permit No. 215 et. al.; and
WHEREAS, on February 16, 2016, the City Council held a duly noticed public
hearing to consider the revised project and conditions of approval;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
01203.0005/285210.1
Section 1. The proposed amendments to the conditions of approval will not substantially
change the approved project, which allows the construction of a resort hotel with 400 rooms
within the main hotel structure and freestanding bungalows and 50 privately-owned, multiple-
keyed casita units for a maximum aggregate of 150 additional accommodations, 32 privately-
owned resort villas, a 68,000 square-foot conference/banquet facility, a spa and fitness center, 3
to 4 restaurants with an aggregate total of 22,500 square feet, and various public amenities,
including public trails, a public park, 825 parking spaces for the Project, including 100 parking
spaces for the general public. Instead, the proposed revisions will improve vehicular ingress
and egress along the entry driveway and provide enhanced amenities at the project site
(Meadow Lawn).
Section 2. The City Council has independently reviewed and analyzed the applicant's
request in accordance with the California Environmental Quality Act ("CEQA") and determined
that the proposed revisions to the project conditions of approval will require an Addendum to the
Final Environmental Impact Report ("FEIR"), which was certified by the City Council on May 7,
2002 under Resolution No. 2002-38 (which determined that the project's impacts, with the
exception of the impacts related to Noise and Air Quality for which a statement of overriding
considerations was adopted, are not significant or that the potential impacts could be mitigated
to a less than significant impact). The City Council finds that the proposed amendments to the
conditions of approval will not alter or diminish the spirit and intent of the original project
approved by the City Council in 2002, because the project design and amenities, including the
public amenities, will not be changed but will be enhanced by providing added amenities to the
hotel guests. Furthermore, the proposed amendments will not result in a deviation from the
findings made by the Council when the project was approved, and does not modify the scope of
the project or the related uses and amenities. As such, the City Council finds that the
amendments to the conditions of approval will not introduce new significant environmental
effects or substantially increase the severity of the environmental impacts that previously were
identified and analyzed in the FEIR. Furthermore, the City Council also finds that there are no
changed circumstances or new information, which was not known at the time when the FEIR
was certified that would require the preparation of a subsequent EIR or major revisions to the
FEIR pursuant to CEQA Guidelines Section 15162. In accordance with Section 15164 of the
State CEQA Guidelines, the City Council hereby certifies that Addendum No. 18 to the FEIR
(the "Addendum"), which is attached hereto as Exhibit "A" and incorporated herein by this
reference, was completed in compliance with the requirements of the California Environmental
Quality Act and State and local guidelines with respect thereto and approves Addendum No. 18.
Section 3. Pursuant to Section 17.60.050 of the Rancho Palos Verdes Municipal Code
(the "Municipal Code"), and based upon the evidence presented in the record, including the staff
report, oral and written testimony, the FEIR and the attached Addendum, the City Council
hereby finds that the proposed improvements and amendments to the conditions of approval to
restripe the entry driveway to create two inbound lanes and one outbound lane with a sharrow
lane (shared vehicle and bicycle lane), and to replace the turf at the Meadow Lawn area with
permeable pavers to accommodate outdoor events by a single in-house group for functions that
complement the usage of the indoor ballroom will not change the findings made for the
approved project, adopted under Resolution No. 2002-71, with respect to CUP No. 215, which
are incorporated herein by this reference. Additionally, the findings for the CUP can be made
for the proposed improvements.
Section 4. Pursuant to Section 17.76.040, and based upon the evidence presented in the
record, including staff report, oral and written testimony, and the FEIR, and the attached
Addendum, the City Council hereby finds that the proposed improvements and amendments to
01203.0005/285210.1 Resolution No. 2016-07
Page 2 of 4
the conditions of approval to restripe the entry driveway to create two inbound lanes and one
outbound lane with a sharrow lane (shared vehicle and bicycle lane), and to replace the turf at
the Meadow Lawn area with permeable pavers to accommodate outdoor events by a single in-
house group for functions that complement the usage of the indoor ballroom will not change or
alter the findings made for the approved project, adopted under Resolution No. 2002-71, with
respect to GRP No. 2229, which are incorporated herein by this reference. Additionally, the
findings for the Grading Permit can be made for the proposed improvements including
conducting a total of 2,000 cubic yards of grading for the Meadow Lawn consisting of 950 cubic
yards of cut and 1,000 cubic yards of fill (50 cubic yards of import of building material). This is
because the proposed earth movement is well within the maximum grading limits studied as part
of the certified EIR (837,166 cubic yards of earth movement consisting of 418,583 cubic yards
of cut and 418,583 cubic yards of fill) and is well within the limits set by Condition No. 130. The
proposed grading is not considered excessive for the improvements of a resort and will not
result in visual impacts from any of the public trails, roadways, or neighboring properties. Thus,
the proposed grading will not cause any new environmental impacts or any environmental
impacts that were not already studied in the EIR.
Section 5. Pursuant to Section 17.72.090, and based upon the evidence presented
in the record, including staff reports, oral and written testimony, the FEIR and the attached
Addendum, the City Council hereby finds that the proposed improvements and amendments to
the conditions of approval will not change or alter the findings made for the approved project,
adopted under Resolution No. 2002-71, with respect to CDP No. 166, which are incorporated
herein by this reference.
Section 6. Pursuant to the requirements of the Subdivision Map Act (commencing
with Section 66410 of the California Government Code), and based upon the evidence
presented in the record, including staff reports, oral and written testimony, the FEIR and the
attached Addendum, the City Council hereby finds that the proposed improvements and
amendments to the conditions of approval will not change or alter the findings made for the
approved project, adopted under Resolution No. 2002-71, with respect to TPM No. 26073,
which are incorporated herein by this reference.
Section 7. Pursuant to Section 17.64.050, and based upon the evidence presented
in the record, including staff reports, oral and written testimony, the FEIR and the attached
Addendum, the City Council hereby finds that the proposed improvements and amendments to
the conditions of approval will not change or alter the findings made for the original approved
project with respect to the Variance as adopted under Resolution No. 2002-71.
Section 8. Based upon the evidence presented in the record, the City Council finds
that the proposed revision will not "lessen or avoid the intended effect" of the approved project
with respect to providing coastal access and visitor serving use. The City Council further finds
that the proposed amendments to the conditions of approval will not have the potential for
adverse impacts to coastal resources or public access in that the revisions are in compliance
with the Coastal Commission Conditions of Approval.
Section 9. Based upon the evidence presented in the record, the findings adopted
under Resolution No. 2002-71, which are incorporated herein by reference, the FEIR and the
attached Addendum, the City Council hereby approves Revision "R" to Conditional Use Permit
No. 215, Grading Permit No. 2229, Coastal Development Permit No. 166, Variance No. 489,
and Tentative Parcel Map No. 26073, subject to the conditions set forth in Exhibit "B," which is
attached hereto and incorporated herein by this reference.
01203.0005/285210.1 Resolution No. 2016-07
Page 3 of 4
Section 10. The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought as governed by Section 1094.6 of the California Code of
Civil Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 16th day of February 2016.
"
Ma or
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the above Resolution No. 2016-07 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on February 16, 2016.
City Clerk
01203.0005/285210.1 Resolution No. 2016-07
Page 4 of 4
RESOLUTION NO. 2016-07
EXHIBIT "A"
ADDENDUM NO. 18
TO FINAL ENVIRONMENT IMPACT REPORT
/ ENVIRONMENTAL ASSESSMENT NO. 725
FEBRUARY 16, 2016
On May 7, 2002, the City Council adopted Resolution No. 2002-34, thereby
adopting the Final Environment Impact Report for Environmental Assessment No.
725 to allow the construction of a 400-room hotel and bungalows with banquet and
retail facilities, 50-casitas (3-keys for 150 total units), 32 villas, and a driving range
with a 3-hole golf practice facility. On August 28, 2002, the City Council adopted
Resolution No. 2002-70, adopting Addendum No. 1; on September 7, 2004, the
City Council adopted Resolution No. 2004-78, adopting Addendum No. 2; on April
19, 2005, the City Council adopted Resolution No. 2005-39, adopting Addendum
No. 3; on October 4, 2005, the City Council adopted Resolution No. 2005-107,
adopting Addendum No. 4; on March 21, 2006, the City Council adopted
Resolution No. 2006-17, adopting Addendum No. 5; on December 5, 2006, the City
Council adopted Resolution No. 2006-92, adopting Addendum No. 6; on April 17,
2007, the City Council adopted Resolution No. 2007-38, adopting Addendum No.
7; on March 4, 2008 the City Council adopted Resolution No. 2008-17, adopting
Addendum No. 8; on May 6, 2008 the City Council adopted Resolution No. 2008-
31, adopting Addendum No. 9, on November 18, 2008 the City Council adopted
Resolution No. 2008-112, adopting Addendum No. 10, on May 4, 2009, the City
Council adopted Resolution No. 2009-24, adopting Addendum No. 11, on August
18, 2009, the City Council adopted Resolution No. 2009-64, adopting Addendum
No. 12, on November 4, 2009, the City Council adopted Resolution No. 2009-80
adopting Addendum No. 13, on January 19, 2010, the City Council adopted
Resolution No. 2010-5 adopting Addendum No. 14; on April 20, 2010, the City
Council adopted Resolution No. 2010-29 adopting Addendum No. 15; on July 5,
2011, the City Council adopted Resolution No. 2011-48 adopting Addendum No.
16; and on October 21, 2014, the City Council adopted Resolution No. 2014-69
adopting Addendum No. 17 to the Final Environmental Impact Report. In adopting
the Final Environmental Impact Report and Statement of Overriding
Considerations, the City Council found that the Project's cumulative impacts, with
the exception of the impacts related to Noise and Air Quality for which a Statement
of Overriding Considerations was adopted, are not significant or that potential
impacts could be mitigated to a less than significant level.
The CEQA Guidelines Section 15162 state that when an Environmental Impact
Report (EIR) has been certified for a project, no subsequent EIR shall be prepared
for that project unless the lead agency determines, on the basis of substantial
evidence in light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement
01203.0005/285221.1 Resolution No. 2016-07
Exhibit A
Page 1 of 4
of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of the
previous EIR or negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
(3) New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the
time the previous EIR was certified as complete or the negative declaration
was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed
in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and would substantially reduce one
or more significant effects of the project, but the project proponents
decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would substantially
reduce one or more significant effects on the environment, but the
project proponents decline to adopt the mitigation measure or
alternative.
The CEQA Guidelines section 15164 allows a lead agency to prepare an
Addendum to a previously certified EIR if some changes or additions are necessary
but none of the conditions described in Section 15162 calling for preparation of a
subsequent EIR have occurred.
On the basis of the analysis provided below, the City Council has determined that
the proposed changes are minor and an Addendum is appropriate.
The City Council has reviewed and analyzed the proposed amendments to the
conditions of approval to restripe the entry driveway from a single inbound and
outbound lane to two inbound lanes and one outbound lane with a sharrow lane
(shared vehicle and bicycle lane), and to replace the turf at the Meadow Lawn area
with permeable pavers to accommodate outdoor events by a single in-house group
for functions that complement the usage of the indoor ballroom. None of the
proposed improvements or revisions to the conditions will increase the number of
guests or visitors to the site or will cause environmental impacts that were not
already studied in the Certified EIR.
01203.0005/285221.1 Resolution No. 2016-07
Exhibit A
Page 2 of 4
The request to restripe the entry driveway to create two inbound lanes and one
outbound lane in order to improve vehicular ingress and egress to the resort, will
maintain bicycle access by creating "sharrow" lanes (shared vehicular and bicycle
lanes). The "sharrow" lane will vary between 10- and 13-feet in width along the
entry driveway and will be stenciled with a bicycle symbol pursuant to Caltrans
A24C standards and yield lines pursuant to Caltrans A24E standards. No change
to the overall width of the entry driveway or the required parking spaces along the
outbound lane is proposed. The City's Public Work's Department has conceptually
approved the revised entry driveway. Conditions have been imposed clarifying that
the entryway driveway will be improved with a "sharrow lane (shared vehicle and
bicycle lane)" along the inbound and outbound lanes.
The Meadow Lawn is located off the main ballroom between the hotel building and
the west fire road. The Meadow Lawn is commonly used for outdoor functions as
an alternative venue to the indoor ballroom because of its desired location and
ocean/island views. The Meadow Lawn is currently used as extension of meeting
space that occurs in the ballroom for group conferences. In order to improve the
existing use of the Meadow Lawn, Terranea requests to replace approximately
20,000 square feet of turf with permeable sand set pavers. Tent anchors will be
permanently installed so a tent can be readily installed and swiftly dismantled after
a function. To improve the siting of the Meadow Lawn and the grade transition to
the ballroom area, the applicant proposes to regrade the area by approximately
2,000 cubic yards of earth movement consisting of 950 cubic yards of cut and
1,000 cubic yards of fill (50 cubic yards of import of building material). The
proposed earth movement is well within the maximum grading limits studied as part
of the certified EIR (837,166 cubic yards of earth movement consisting of 418,583
cubic yards of cut and 418,583 cubic yards of fill) and is well within the limits set by
Condition No. 130. The proposed grading is not considered excessive for the
improvements of a resort and will not result in visual impacts from any of the public
trails, roadways, or neighboring properties. Thus, the proposed grading will not
cause any new environmental impacts or any environmental impacts that were not
already studied in the EIR.
The Meadow Lawn is intended to be solely used by a single in-house group for
functions that complement the usage of the indoor ballroom so that no overlap
occurs that would adversely impact on-site parking. To demonstrate that no
overlap of functions will occur, Conditions are imposed that require Terranea to
provide, upon City request, its confirmed ballroom booking reports. Thus, it is the
City Council's the opinion that the Meadow Lawn will not result in adverse impacts
including parking, visual, noise or air quality impacts.
Having reviewed the applicant's request, the City Council finds that the revisions to
the respective conditions will not alter or diminish the spirit and intent of the original
project approved by the City Council in 2002 or the project revisions approved by
the City Council in recent years. The proposed revisions will comply with the
requirements set forth by the Coastal Commission and will not result in any
significant change that would affect the findings made by the Council when the
01203.0005/285221.1 Resolution No. 2016-07
Exhibit A
Page 3 of 4
project was approved, and does not modify the scope of the project or the related
uses and amenities. The proposed revisions will not introduce new significant
environmental effects or substantially increase the severity of the environmental
impacts that previously were identified and analyzed in the FEIR.
Therefore, the City Council finds that there are no changed circumstances or new
information, which were not known at the time the FEIR was certified, that would
require the preparation of a subsequent EIR or major revisions to the FEIR
pursuant to CEQA Guidelines Section 15162. In accordance with Section 15164 of
the State CEQA Guidelines, the City Council has independently reviewed and
considered and hereby adopts this Addendum No. 18 to the FEIR.
01203.0005/285221.1 Resolution No. 2016-07
Exhibit A
Page 4 of 4
RESOLUTION NO. 2016-07-EXHIBIT"B"
TERRANEA RESORT AND SPA
CONDITIONS OF APPROVAL
(REVISION "R"—COUNCIL APPROVED FEBRUARY 16,2016)
(Coastal Permit No. 166, Conditional Use Permit No. 215,
Grading Permit No. 2229, Variance No. 489, and Tentative Parcel Map No. 26073)
GENERAL CONDITIONS
1) The approvals granted by this resolution shall not become effective until the applicant and
property owners submit a written affidavit that each has read, understands and accepts all
conditions of approval contained herein. Said affidavits shall be submitted to the City no later
than ninety (90) days from the date of approval of the project by the City Council. If the applicant
and/or the property owner fail to submit the written affidavit required by this condition within the
required 90 days, this resolution approving Coastal Development Permit No. 166, Conditional
Use Permit No. 215, Grading Permit No. 2229, Variance No. 489 and Tentative Parcel Map No.
26073 shall be null and void and of no further effect.
2) In accordance with the provisions of Fish and Game Code §711.4 and Title 14, California Code of
Regulations, §753.5, the applicant shall submit a check payable to the County of Los Angeles in
the amount of $875.00 for the Fish and Game Environmental Filing Fee. This check shall be
submitted to the City within five (5) business days of City Council approval of this project. If
required, the applicant shall also pay any fine imposed by the Department of Fish and Game.
3) Each and every mitigation measure contained in the Mitigation Monitoring program attached as
Exhibit "C" of Resolution No. 2002-34 is hereby incorporated by reference into the Conditions of
Approval for Coastal Development Permit No. 166, Conditional Use Permit No. 215, Grading
Permit No. 2229, Variance No. 489 and Tentative Parcel Map No. 26073.
4) The applicant shall fully implement and continue for as long as the hotel is operated the Mitigation
Monitoring Program attached as Exhibit"C" to Resolution No. 2002-34 and execute all mitigation
measures as identified and set forth in the Final Environmental Impact Report for the project as
certified in said Resolution No. 2002-34.
5) The owner of the resort hotel and the property upon which the hotel is located shall be
responsible for implementing and ensuring compliance with all of the conditions of approval
stated herein. Accordingly, as used herein, the term "applicant" shall include the owner of the
resort hotel and the property upon which the hotel is located.
6) The conditions set forth in this Resolution are organized by application type for ease of reference.
Regardless of such organization, each condition is universally applicable to the entire project site,
unless a condition clearly indicates otherwise. Said conditions shall be applicable as long as a
hotel is operated on the property, unless otherwise stated herein.
7) In the event that a condition of approval is in conflict or is inconsistent with any mitigation
measure for this project, the more restrictive shall govern.
8) The applicant shall pay the Environmental Excise Tax in accordance with the Rancho Palos
Verdes Municipal Code(RPVMC).
9) The Resort developer shall be responsible for constructing the public amenities required by these
conditions of approval. A bond, letter of credit or other security acceptable to the Director of
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 1 of 40
Public Works and the City Attorney shall be provided to secure completion of such Public
Amenities.
10) Prior to the issuance of a final Certificate of Occupancy for the main hotel building or by August 1,
2009 or the dedication of any public amenity to the City, the applicant shall enter into a
maintenance agreement, approved by the City Council, that requires the owner of the property to
have the hotel operator maintain to the City's satisfaction the public amenities, including, but not
limited to the bluff-top park, the lower beach area, park benches and tables, public trails
(pedestrian and bicycle), bicycle racks, public restrooms (including the Fishing Access restroom
facilities), landscaping, habitat protection, general public parking lot near the resort hotel building,
fences, irrigation, and signs to name a few, as long as a hotel is operated on the property.
Furthermore, the applicant shall specify in the agreement how funding will be provided to
maintain the public improvements constructed as part of the project which are not maintained by
the City, County or other governmental agency.
(REVISED PER RESOLUTION NO. 2007-38 ON APRIL 17, 2007)
(REVISED PER RESOLUTION NO.2008-95 ON OCTOBER 7, 2008)
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
11) The Resort owner shall maintain all on-site drainage facilities not accepted by Los Angeles
County, including but not limited to structures, pipelines, open channels, retention and desilting
basins, mechanical and natural filtering systems, and monitoring systems, so long as the property
is operated as a resort hotel. A bond, letter of credit or other security acceptable to the City shall
be provided to secure completion of such drainage facilities. A bond to cover the cost of their
maintenance for a period of 2 years after completion shall also be provided to the City.
12) Subject to the agreement of Los Angeles County, the applicant shall turn over all eligible drainage
facilities to the Los Angeles County Public Works Department upon completion and acceptance
of the facilities by the County of Los Angeles.
13) The applicant shall be required to pay 110% of the estimated amount of the cost of services to be
provided on behalf of the City by outside consultants that have been retained by the City to
render services specifically in connection with this project, in the form of a trust deposit account,
prior to commencement of such services (e.g. golf safety consultant, geotechnical consultants,
biologist, and landscape architect to name a few.). Services provided by the City Attorney and
other consultants that routinely provide services to the City shall be exempt from this condition.
However, in such cases, the applicant shall adequately fund said trust deposit accounts prior to
the commencement of services, in amounts reasonably requested by the City, based upon an
estimate of the cost of services for the period of at least 90 days to which services are rendered.
In addition, the trust deposits shall be replenished within thirty days of receipt of notice from the
City that additional funds are needed.
13A) The applicant shall be required to pay 100% of the estimated amount of the cost of the
services that were provided to date and hereafter by the City Attorney's Office and by outside
consultants that were retained by the City Attorney's Office to render services on behalf of the
City specifically in connection with the creation of the any TOT Rebate Program and Ordinance
and the due diligence analysis performed to date or hereafter pertaining to Terranea itself and the
ability to repay the TOT to the City, in response to the applicant's request for the establishment of
the TOT Rebate Program and the Ordinance. The funds that are received from the applicant for
this purpose shall be held in, and disbursed from, a City trust account that is established for this
purpose. The balance owed to the City pursuant to trust deposit requests dated June 19,
2009, July 21, 2009, October 29, 2009, and January 14, 2010 in the amount of $ $155,716.67
shall be paid to the City on or before April 9, 2010. The applicant shall replenish the trust
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 2 of 40
deposit within thirty days of receipt of notice from the City that additional funds are needed to pay
for said services. The City shall refund to the applicant any excess amount that is remaining in
the trust account after all such disbursements are made.
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-5 ON JANUARY 19, 2010)
14) All costs associated with plan check reviews and site inspections for the Department of Public
Works shall be incurred by the applicant through the establishment of a trust deposit with the
Director of Public Works at the time of plan check submittal or site inspection request.
15) All City Attorney costs associated with the review and approval of the conditions stated herein
shall be incurred by the applicant in the form of a trust deposit established with the City.
16) No later than six (6) months after the issuance of the Certificate of Occupancy for the main resort
hotel building or no later than 3 months after the commencement of the operation of the 9-hole
golf course, or as frequently as the Director of Planning, Building and Code Enforcement deems
necessary, the City Council shall review the Conditions of Approval contained herein at a duly
noticed public hearing. As part of said review, the City Council shall assess the applicant's
compliance with the conditions of approval and the adequacy of the conditions imposed. At that
time, the City Council may add, delete or modify any conditions of approval as evidence
presented at the hearing demonstrates are necessary and appropriate to address impacts
resulting from operation of the project, including golf safety. Said modifications shall not result in
substantial changes to the design of the hotel structures or to the ancillary structures. Notice of
said review hearing shall be published and provided to owners of property within a 500' radius of
the site, to persons requesting notice, to all affected homeowners associations, and to the
property owner in accordance the RPVMC. As part of the review, the City Council shall consider
such items as the parking conditions, circulation patterns (pedestrian, bicycle, and vehicular),
lighting, landscaping, noise, the operation of outdoor events, and golf safety. The Council may
also consider other concerns raised by the Council, Planning Commission, Finance Advisory
Commission, Traffic Committee and/or interested parties. The City Council may require such
subsequent additional reviews, as the City Council deems appropriate. This provision shall not
be construed as a limitation on the City's ability to enforce any provision of the RPVMC regarding
this project.
If any safety issues arise concerning the operation of the 9-hole golf course, the safety issues
shall be immediately addresses by the applicant to the satisfaction of the Director of Planning,
Building and Code Enforcement.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
17) These approvals authorize the construction and operation of a resort hotel, a 9-hole golf course
and other related amenities. Any significant changes to the operational characteristics of the
development, including, but not limited to, significant changes to the site configuration or the 9-
hole golf course; number of guest rooms (increases or decreases); size or operation of the
conference center, banquet facilities, spa (including outcall massages and chair massages
conducted on the Resort premises only), restaurants, or other ancillary uses or significant
alterations shall require an application for revision to this Conditional Use Permit pursuant to the
provisions stated in the RPVMC. At that time, the City Council may impose such conditions, as it
deems necessary upon the proposed use resulting from operations of the project. Further, the
Council may consider all issues relevant to the proposed change of use.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 3 of 40
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18,2009)
18) These approvals shall expire twenty-four (24) months from the date of the City Council approval
unless building permits for the main hotel structure have been applied for and are being diligently
pursued. Extensions of up to one (1) year may be granted by the City Council, if requested prior
to expiration. Such a time extension request shall be considered by the City Council at a duly
noticed public hearing, pursuant to the provisions stated in the RPVMC.
The approvals granted by the City Council on October 21, 2014 as part of Revision "Q" for CUP
215, et. al. for the Golf and Landscape Maintenance Yard, Upper Resort Pool and Spa, and Main
Pool Outdoor Bar shall be valid for one-year until October 20, 2015, unless a one (1) year time
extension is approved by the City Council at a duly noticed public hearing prior to October 20,
2015.
The approvals granted by the City Council on February 16, 2016 as part of Revision "R" for CUP
215, et. al. for the restriping of the entry driveway and the improvements to the Meadow Lawn
shall be valid for one-year until February 15 2017, unless a one (1) year time extension is
approved by the City Council at a duly noticed public hearing prior to February 15, 2017.
REVISED PER RESOLUTION NO.2016-07 ON FEBRUARY 16, 2016)
(REVISED PER RESOLUTION NO. 2014-69 ON OCTOBER 21,2014)
19) The hotel spa facility, and all the amenities therein, including the pool, shall be made available to
the general public for a reasonable fee for use basis. Appropriate promotions shall be offered to
encourage use of the spa facility by non-hotel guests, including area residents.
20) The 9-hole golf course shall be made available to the general public for a reasonable fee for use
basis. Appropriate promotions shall be offered to encourage use of the 9-hole golf course by
non-hotel guests, including area residents
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
21) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to
November 1, 2009, whichever occurs first, the 9-hole golf course, public trails, public parks and
public areas shall be designed to protect golfers and the general public in accordance with
common safety standards and practices in the industry, subject to review and approval by the
City's duly assigned Golf Safety Consultant. The final golf course design shall incorporate the
recommendations provided by the City's Golf Safety Consultant. The applicant shall establish a
trust deposit account with the City to cover all costs associated with the Golf Safety Consultant's
review, as required in Condition No. 13.
(REVISED PER RESOLUTION NO.2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO.2009-64 ON AUGUST 18, 2009)
22) Temporary construction fencing and temporary public trail fencing shall be installed in accordance
with RPVMC. The beach access trail and associated parking area shall remain open to the public
during City park hours during project construction with limited closures, as approved by the
Director of Planning, Building and Code Enforcement, to address safety issues that are directly
related to grading or other construction activities, including the importation of sand to the lower
beach area. Signs notifying the public of the closure of the beach access trail and parking area
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 4 of 40
shall be posted in a visible public location at least 30-days in advance of the closure. The closure
of the beach access trail and the associated parking area, the designation of temporary beach
trail access and a temporary associated parking area and the language and placement of public
notice signs shall be submitted to the Director of Planning, Building and Code Enforcement for
review and approval at least 45-days before said closure.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
23) All on-site construction and grading activities, including the importation of sand to the lower beach
area, shall be limited to the hours between seven a.m. and seven p.m. Monday through Saturday.
However, the permitted hours of construction for the interior work on the Hotel, Spa and Fitness
buildings shall be between six a.m. and ten p.m. Monday through Saturday ("extended hours of
construction"), provided that said buildings are entirely enclosed with walls, roofs, doors and
windows. The extended hours of construction, as expressly permitted herein, shall be monitored
by City Staff or independent consultants hired by the City with associated expenses to be borne
by the applicant through the establishment of a trust deposit. Monitoring shall include, at a
minimum, noise and light impacts. The approval of the extended hours of construction shall be
subject, at any given time, to cancelation or further restrictions as deemed appropriate by the
Director of Planning, Building and Code Enforcement based on the ability of the applicant to
make adjustments due to public complaints or monitoring reports.
Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through
Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on Sundays or on
the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code.
During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle
at the project site or in the adjoining street rights-of-way before 7AM Monday through Friday and
before 9AM on Saturday, in accordance with the permitted hours of construction stated in this
condition. When feasible to do so, the construction contractor shall provide staging areas on-site
to minimize off-site transportation of heavy construction equipment. These areas shall be located
to maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
A Special Construction Permit shall not be issued by the City for Veteran's Day 2008 and
Memorial Day 2009.
Pursuant to Condition No. 140, an updated Construction Management Plan shall be reviewed and
approved by the Director of Public Works and the Planning Director prior to conducting interior
work during the extended hours of construction. The updated Construction Management Plan
shall address, but not limited to, parking, noise, vehicle ingress and egress, lighting, equipment
staging, and delivery of materials.
(REVISED PER RESOLUTION NO. 2014-69 ON OCTOBER 21, 2014)
(REVISED PER RESOLUTION NO.2008-31 ON MAY 6, 2008)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
24) Construction and grading activities, including the importation of sand to the lower beach area,
within the public right-of-way shall be limited to the days and hours approved by the Director of
Public Works at the time of permit issuance.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 5 of 40
25) No on-site repair, maintenance or delivery of equipment and/or materials shall be performed
before seven a.m. or after seven p.m. Monday through Saturday, nor on any Sunday or legal
holiday, unless otherwise specified in the conditions stated herein or a Special Construction
Permit is obtained from the City. Emergency repairs are exempt from this condition.
26) All construction activity shall generally adhere to the phasing scheme identified in the Addendum
to the Certified Environmental Impact Report shown in Resolution No. 2002-70 Any significant
changes to the construction activity schedule shall be reviewed and approved by the Director of
Planning, Building and Code Enforcement.
27) Temporary Certificates of Occupancy shall be issued by the City's Building Official to allow the
use and occupancy of all or a portion of the Terranea Resort, including by employees and paying
guests (for overnight occupancy) prior to the issuance of any Final Certificate of Occupancy.
Issuance of a Temporary Certificate of Occupancy is contingent on first obtaining final inspections
and sign-offs by the City's Building Official and the Los Angeles County Fire Department for items
such as, but not limited to, Building, Electrical, Mechanical, and Plumbing permits, building-
related egress conditions including sidewalks and ADA compliant clearances, and the completion
of all life and safety measures. The City's Building Official may revoke or suspend any or all of
the Temporary Certificates of Occupancy if any public safety issue arises.
Any Temporary Certificate of Occupancy shall expire when a final Certificate of Occupancy is
issued for a particular structure or by June 30, 2010, whichever occurs first. On or before June
30, 2010 the developer shall obtain Final Certificates of Occupancy for the entire resort, including
ancillary resort amenities such as the golf course, restaurants, and spa/fitness building.
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18,2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18,2009)
(REVISED PER RESOLUTION NO.2009-80 ON NOVEMBER 4,2009)
(REVISED PER RESOLUTION NO. 2010-5 ON JANUARY 19, 2010)
(REVISED PER RESOLUTION NO. 2010-29 ON APRIL 20, 2010)
Indemnification/Insurance
28) The owner of the property upon which the project is located shall hold harmless and indemnify
City, members of its City Council, boards, committees, commissions, officers, employees,
servants, attorneys, volunteers, and agents serving as independent contractors in the role of city
or agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss,
cost or expense, including but not limited to death or injury to any person and injury to any
property, resulting from willful misconduct, negligent acts, errors or omissions of the owner, the
applicant, the project operator, or any of their respective officers, employees, or agents, arising or
claimed to arise, directly or indirectly, in whole or in part, out of, in connection with, resulting from,
or related to the construction or the operation of the project approved by this resolution.
29) The applicant shall defend, with counsel satisfactory to the City, indemnify and hold harmless the
City and its agents, officers, commissions, boards, committees and employees from any claim,
action or proceeding against the City or its agents, officers, commissions, boards, committee or
employees, to attack, set aside, void or annul this resolution or one or more of the approvals set
forth in this resolution and PC Resolutions 2001-37, 2001-39, and 2001-40. Alternatively, at the
City's election, the City may choose to defend itself from any claim, action or proceeding to
attack, set aside, void or annul this resolution or one or more of the approvals set forth in this
resolution. In that case, the applicant shall reimburse the City for all of its costs, including
attorney fees, arising from such claim, action or proceeding. The obligations set forth in this
condition include the obligation to indemnify or reimburse the City for any attorney fees that the
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 6 of 40
City becomes obligated to pay as a result of any claim, action or proceeding within the scope of
this condition.
The City shall promptly notify the applicant of any claim, action or proceeding within the scope of
this condition and the City shall cooperate fully in the defense of any such claim or action.
30) The applicant shall submit to the City Attorney for review and approval an agreement whereby the
applicant shall indemnify, defend and hold the City and members of its City Council, boards,
committees, commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials, (collectively,
"Indemnitees"), harmless from any claim, demand, damage, liability, loss, cost or expense,
including, but not limited to, death or injury to any person and injury to any property, caused by
golf balls or any other golf—related equipment.
31) The applicant shall procure and maintain in full force and effect during the operation of the hotel
and/or 9-hole golf course primary general liability insurance, which is applicable to, and provides
coverage for only this hotel and 9-hole golf course, in an amount of $5 million dollars, which
amount shall be increased on each fifth anniversary of the commencement of operation of the
hotel to reflect increases in the consumer price index for the Los Angeles County area. Such
insurance shall insure against claims for injuries to persons or damages to property that may
arise from or in connection with the operation of the subject resort hotel and 9-hole golf course
authorized by this resolution. Such insurance shall name the City and the members of its City
Council, boards, committees, commissions, officers, employees, servants, attorneys, volunteers
and agents serving as its independent contractors in the role of City officials, as additional
insureds. Said insurance, shall be issued by an insurer that is admitted to do business in the
State of California with a Best's rating of at least A-VII or a rating of at least A by Standard &
Poor's, and shall comply with all of the following requirements:
(a) The coverage shall contain no limitations on the scope of protection afforded to City,
its officers, officials, employees, volunteers or agents serving as independent
contractors in the role of city or agency officials which are not also limitations
applicable to the named insured.
(b) For any claims related to the project, applicant's insurance coverage shall be primary
insurance as respects City, members of its City Council, boards, committees,
commissions, officers, employees, attorneys, volunteers and agents serving as
independent contractors in the role of city or agency officials.
(c) Applicant's $2 million primary insurance shall apply separately to each insured
against whom claim is made or suit is brought. Additionally, the limits of applicant's
$2 million primary insurance shall apply separately to the project site.
(d) Each insurance policy required by this condition shall be endorsed to state that
coverage shall not be canceled except after 30-days prior written notice by first class
mail has been given to City.
(e) Each insurance policy required by this condition shall be endorsed to state that
coverage shall not be materially modified except after 5-business days prior written
notice by first class mail has been given to City.
(f) Each insurance policy required by this condition shall expressly waive the insurer's
right of subrogation against City and members of its City Council, boards and
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 7 of 40
commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials.
(g) Copies of the endorsements and certificates required by this condition shall be
provided to the City when the insurance is first obtained and with each renewal of the
policy.
(h) No golf course facilities may be operated unless such general liability insurance
policy is in effect.
The applicant also shall procure and maintain in full force and effect during the operation of the
hotel and/or 9-hole golf course additional general liability insurance in the amount of $3 million
dollars to insure against claims for injuries to persons or damages to property which may arise
from or in connection with the operation of the resort hotel and 9-hole golf course authorized by
this resolution. Such insurance shall likewise name the City and the members of its City Council,
boards, committees, commissions, officers, employees, servants, attorneys, volunteers and
agents serving as its independent contractors in the role of City officials, as additional insureds.
Said insurance, may at applicant's option, be in the form of a separate excess insurance policy
and may be issued by a non-admitted carrier so long as the insurer is authorized to do business
in the State of California with a Best's rating of at least A-VII or a rating of at least A by Standard
& Poor's and shall comply with all of the requirements of paragraphs a, b, d, e, f and g of this
Condition 33.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
COASTAL PERMIT NO. 166
32) All plans submitted to the City for review shall identify the location of the Coastal Setback Line
and the Coastal Structure Setback Line in reference to the proposed structure. Furthermore, all
plans shall identify the Habitat Enhancement Area, including the 50' planting transitional areas, as
described in Condition No. 78.
(REVISED PER RESOLUTION NO.2006-92 ON DECEMBER 5,2006)
33) Except as provided herein as part of the Conditional Use Permit and Variance (allowing the
construction of the Lower Pool Facility within the Coastal Setback Zone and the lower beach
improvements), pursuant to the RPVMC, no new uses or structural improvements shall be
allowed in the area seaward of the Coastal Setback Line including, but not limited to, slabs,
walkways, decks 6" or more in height, walls or structures over 42" in height, fountains, irrigation
systems, pools, spa, architectural features, such as cornices, eaves, belt courses, vertical
supports or members, chimneys, and grading involving more than 20 cubic yards of earth
movement, or more than three feet of cut or fill.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
34) All proposed structures within the Point Fermin Vista Corridor and Catalina View Corridor shall be
constructed in accordance with the height limitations as identified in the City's Coastal Specific
Plan and the project's certified EIR.
CONDITIONAL USE PERMIT NO. 215
Hotel Operations
35)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 8 of 40
A. The main hotel building and the freestanding bungalow units shall consist of no more than an
aggregate total of 400 rooms (360 hotel rooms and 20 bungalow units, two keys per
bungalow) and shall not be designed for multiple keys for a configuration exceeding 400
rooms. A main hotel room, for purposes herein, shall consist of any of the following: a typical
guest room, a two-bay suite, one or more multiple-bay rooms with a single key, or a
hospitality suite, as shown in Exhibit 7.14 of the Long Point Resort Permit Documentation
dated June 23, 2000. Furthermore, the bungalow units shall consist of two-keyed
accommodations with one or more bedroom areas which may contain a living room area as
shown in Exhibit 7.15 of the Long Point Resort Permit Documentation dated June 23, 2000.
B. A maximum total of 50 hotel suites and guestrooms may be sold to individual persons or
private entities, subject to the following restrictions: An owner of a unit may utilize that unit for
no more than sixty (60) days per calendar year, and no more than twenty-nine (29)
consecutive days at any one time. A minimum seven (7) day period shall intervene between
each twenty-nine (29) consecutive day period of occupancy by the owner. When not being
used by the owner, the hotel suite or guestroom shall be available as a hotel accommodation,
which shall be fully managed by the resort hotel operator. Deed restrictions to this effect,
which are satisfactory to the City Attorney, shall be recorded prior to any sale of any unit.
The 50 hotel suites and guestrooms that may be sold to individual persons or private entities
will consist of a mix of single-key suites, suites with two-keys, and single-key guestrooms.
The precise location and mix of these units shall be described in detail at the time the tract
map is processed by the City, but in no event shall the number of keys exceed 66 keys.
C. The bungalow units shall consist of no more than 20 bungalow units, with a maximum keying
configuration of two(2) keys per bungalow unit resulting in a maximum possible 40
accommodations. The bungalow units may be sold to individual persons or private entities,
subject to the following restrictions: An owner of a unit may utilize that unit for no more than
sixty(60) days per calendar year, and no more than twenty-nine (29) consecutive days at any
one time. A minimum seven (7)day period shall intervene between each twenty-nine (29)
consecutive day period of occupancy by the owner. When not being used by the owner, the
bungalow unit shall be available as a hotel accommodation, which shall be fully managed by
the resort hotel operator. Deed restrictions to this effect, which are satisfactory to the City
Attorney, shall be recorded prior to any sale of any unit.
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
36) The casita units shall consist of no more than 50 casita units, with a maximum keying
configuration of three (3) keys per casita unit resulting in a maximum possible 150
accommodations. The casita units may be sold to individual persons or private entities, subject to
the following restriction: An owner of a unit may utilize that unit for no more than sixty (60) days
per calendar year, and no more than twenty-nine (29) consecutive days at any one time. A
minimum seven (7) day period shall intervene between each twenty-nine (29) consecutive day
period of occupancy by the owner. When not being used by the owner, the casitas unit shall be
available as a hotel accommodation, which shall be fully managed by the resort hotel operator.
Deed restrictions to this effect, which are satisfactory to the City Attorney, shall be recorded prior
to any sale of any unit.
37) The resort villa units shall consist of no more than 32 single keyed units. The resort villa units
may be sold to individual persons or private entities, subject to the following restriction: An owner
of a unit may utilize that unit for no more than ninety (90) days per calendar year, and no more
than twenty-nine (29) consecutive days at any one time. A minimum seven (7) day period shall
intervene between each twenty-nine (29) consecutive day period of occupancy by the owner.
The Villas shall be fully managed by the resort hotel operator when not used by the owners, and
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 9 of 40
made available for rental by the general public. When not being used by the owner, the villa shall
be available as a hotel accommodation, which shall be fully managed by the resort hotel operator.
Deed restrictions to this effect, which are satisfactory to the City Attorney, shall be recorded prior
to any sale of any unit.
(REVISED PER RESOLUTION NO.2004-78 ON SEPTEMBER 7,2004)
38) If any villa unit, casita unit, bungalow unit, hotel suite or guestroom is not sold or made available
for sale, the unit shall be available as a hotel accommodation which shall be fully managed by the
resort hotel operator.
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
39) Any person or entity ("hotel guest")who pays the hotel operator for the privilege of occupying one
or more rooms, bungalows, villas or casitas ("unit") shall not occupy or have the right to occupy
any unit for more than twenty-nine (29) consecutive days. On or before the twenty-ninth day, the
hotel guest shall be required to check out of the unit(s).
40) Prior to issuance of building permits for the resort villa units, casita units, bungalow units, and
hotel suite or guestrooms that may be sold to individual persons or private entities, the following
shall be completed:
a) The applicant shall process a parcel map or tract map in accordance with the Subdivision
Map Act.
(REVISED PER RESOLUTION NO. 2005-39 ON APRIL 19, 2005)
b) Deed Restrictions, which restrict the use and operation of all of the privately owned units
and are in a form that is acceptable to the City Attorney, shall be recorded against all of
those units, including, without limitation, the bungalow units, resort villas, casitas and the
fifty hotel guest suites or guest rooms.
c) This condition was deleted
(REVISED PER RESOLUTION NO. 2014-69 ON OCTOBER 21, 2014)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18,2008)
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
d) This condition was deleted
(REVISED PER RESOLUTION NO.2014-69 ON OCTOBER 21, 2014)
(REVISED PER RESOLUTION NO.2004-78 ON SEPTEMBER 7,2004)
41) a) The Resort Hotel building, ancillary structures, including but not limited to the Lower Pool
Facility, main pool, Upper Resort Pool, Golf and Landscape Maintenance Yard, Meadow
Lawn, and all accessory buildings associated with the 9-hole golf course shall
substantially conform to the plans approved by the City Council and stamped by the
Planning Department with the effective date of this approval.
(REVISED PER RESOLUTION NO. 2016-07 ON FEBRUARY 16, 2016)
(REVISED PER RESOLUTION NO. 2014-69 ON OCTOBER 21, 2014)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 10 of 40
b) The Resort Hotel may conduct outdoor events, in compliance with the following
standards:
i. Amplified Sound, whether recorded or live, shall be permitted during the hours
set forth in (iii), and speakers for amplified sound shall be, oriented towards the
ocean away from surrounding properties.
ii. No outdoor spot-lights, neon lights, or other specialty lighting shall be permitted
to shine into the sky, habitat areas, or onto neighboring properties, except during
the hours set forth in (iii).
iii. Hours for(i)and (ii) use:
• Sundays through Thursdays 8:00 am to 10:00 p.m.
• Fridays and Saturdays 8:00 am to midnight
A special use permit shall be obtained from the Planning Department for uses of (i) and
(ii) outside of such hours.
No later than six (6) months after the issuance of the Certificate of Occupancy for the
main hotel building, the operation of the outdoor events shall be reviewed by the City
Council pursuant to the criteria set forth in Condition No. 16.
c) The Resort may conduct, as part of the spa operations, outcall massages and chair
massages within the premises of the 102-acre Resort property, including but not limited
to the lower beach area, the golf course, the villas, the casitas, the bungalows, and hotel
rooms. Such spa and massage services shall be operated in compliance with Chapter
5.24 of the RPVMC and State licensing requirements, including but not limited to hours of
operation and food, beverages, alcohol, and drugs requirements.
d) The Meadow Lawn shall be solely used at any given time by one in-house group which
desires to hold a function that uses both the Meadow Lawn and the indoor ballroom for
the same function. No overlap of functions organized by two or more different groups will
be booked for the concurrent use of both the Meadow Lawn and the ballrooms. Within
10-calendar days of the City's request, Terranea shall show the City its confirmed
Meadow Lawn and Ballroom booking reports. Terranea shall not be required to submit
said booking reports to the City in order to protect the confidentiality of Terranea's clients.
(REVISED PER RESOLUTION NO. 2016-07 ON FEBRUARY 16, 2016)
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO.2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
42) The lower beach area approved by the City Council on October 7, 2008 and the_public section of
the Lower Pool Facility, which consists of public restroom facilities and a viewing deck area, as
shown on the plans approved by the City Council on the effective date of the adoption of these
conditions, shall be open and made available to the general public during City park hours, as
specified in the RPVMC. The public snack shop, located within the Lower Pool Facility, shall be
open and made available to the public concurrent with the hours of operation of the hotel guest
component of the structure, with a trial period of one year from the date of the opening of the
snack shop, at which time the City Council will review the hours of operation of the public snack
shop.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 11 of 40
43) Approval of this conditional use permit is contingent upon the concurrent and continuous
operation of the primary components of the project, which are the hotel, villas, casitas, banquet
facilities, spa facilities, retail facilities, and the 9-hole golf course.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
44) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to April 9,
2010, whichever occurs first, the use of gardening equipment for the 9-hole golf course and
landscape areas shall be controlled by a Golf and Hotel Landscape Maintenance Plan which is
subject to review and approval by the Director of Planning, Building and Code Enforcement,
based on an analysis of equipment noise levels and potential impacts to neighboring residents.
The implementation of the Plan shall be formally reviewed by the Director of Planning, Building
and Code Enforcement three (3) months after the first day of operation of the 9-hole golf course,
and shall be subsequently reviewed on an annual basis thereafter. At the three (3) month review,
the Director may determine that the Plan needs to be revised to address potential noise impacts.
The Director may also determine that additional review periods and/or other conditions shall be
applied to the Maintenance Plan.
Furthermore, if the City receives any justified noise complaints that are caused by the
maintenance of the golf or hotel landscaped and lawn areas, as verified by the Director of
Planning, Building and Code Enforcement, upon receipt of notice from the City, the operators of
the hotel and the 9-hole golf course shall respond to said verified complaint by notifying the City
and implementing corrective measures within 24 hours from the time of said notice.
The Director's decision on any matter concerning the Landscape Maintenance Plan may be
appealed to the City Council. Any violation of this condition may result in the revocation of the
Conditional Use Permit.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO.2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO.2010-5 ON JANUARY 19, 2010)
45) All 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.
46) No heliport operations are approved or permitted for the Resort Hotel Area. If in the future such
operations are desired, a revision to this Conditional Use Permit shall be required. Any such
revision shall be reviewed by the City Council subject to the provisions stated in the RPVMC.
47) The applicant shall provide twenty-four (24) hour monitoring by appropriately trained hotel
personnel of the project site throughout the calendar year. The monitoring shall include
observation of all parks, trails and habitat areas. Additionally, the resort hotel shall provide
regular monitoring of the area surrounding the lower pool facility and the nearby shore (including
the lower beach area), during City park hours, as specified in the RPVMC.
(REVISED PER RESOLUTION NO.2008-95 ON OCTOBER 7, 2008)
48) The Maintenance Building and associated maintenance repairs shall be conducted in an area that
is visually screened with landscaping from public view.
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 12 of 40
Building Design Standards
49) The resort hotel shall contain the following principal visitor-serving structures and uses, and shall
substantially comply with, and not to exceed, the following square footage numbers:
a) Conference Center/ Banquet Facilities—60,000 square feet
b) Restaurant, bar and lounge-approximately 22,500 square feet
c) Resort related retail, visitor services and guest amenities— approximately 20,000 square
feet.
d) Spa Building -21,077 square feet
Fitness Building—4,797 square feet
e) Swimming pools - Main hotel pool, lower pool facility, spa pool, and Upper Resort Pool
(see Condition No. 49o)
f) Pool Cabanas: -commensurate with size of adjacent pool
g) Pacifica Pool Building — 1,400 square feet (Hotel Guest Area: consisting of 496 square
feet of restroom facilities, 36 square feet of storage closet space, 431 square feet of pool
kitchen area, 6,500 square feet of deck area excluding the 960 square foot pool. Public
Area: consisting of no less than 3,600 square feet of deck area and 409 square feet of
restroom facilities)
h) This condition was deleted
i) This condition was deleted
j) This condition was deleted
k) This condition was deleted
I) Lookout Bar—3,500 square feet
m) Resort Hotel Entry Trellis—250 square feet of roof area
n) Greeting Kiosk—110 square feet
o) Upper Resort Pool - 1,680 square foot Upper Resort Pool and 112 square foot spa with a
1,100 square foot ancillary pool building to accommodate the pool equipment, restrooms
and pool bar at a height of 14-feet, as measured from finished grade, and 500 square
feet of pool cabanas.
p) Golf and Landscape Maintenance Yard — 9,500 square foot Maintenance Yard providing
parking spaces for 28 electric golfs carts (including charging stations) and 4 staff parking
spaces, and storage containers for landscape maintenance materials.
q) Main Pool Outdoor Bar - 270 square foot structure will measure 12-feet in height from
finished grade.
r) Golf and Landscape Maintenance Yard — 9,500 square feet and structures shall not
exceed 16-feet in height as measured from finished grade.
s) Meadow Lawn —20,000 square feet of permeable sand set pavers with anchors to install
temporary tents.
(REVISED PER RESOLUTION NO. 2016-07 ON FEBRUARY 16, 2016)
(REVISED PER RESOLUTION NO. 2014-69 ON OCTOBER 21, 2014)
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
(REVISED PER RESOLUTION NO. 2008-31 ON MAY 6, 2008)
50) A Square Footage Certification prepared by a registered surveyor shall be submitted to the
Director of Planning, Building and Code Enforcement, prior to a framing inspection, indicating that
the buildings, as identified in the previous condition, do not exceed the permitted square
footages.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 13 of 40
51) The maximum heights of the buildings approved for the project site shall not exceed the following
criteria:
Hotel Building
a. Maximum roof ridgeline 153 feet above sea level with a maximum roof ridgeline of 164-
feet for the southern fire access and elevator override tower and 160-feet for the northern
elevator override tower plus fireplace chimneys to the minimum height acceptable by the
Uniform Building Code.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
b. Eastern Elevation (Guest Room Wing)— Maximum Building Height as measured from the
lowest adjacent finished grade for Level 1 (75.50') to the highest roof ridgeline (132.50')
shall not exceed 57'; Level 2 (85') to the highest roof ridgeline (143') shall not exceed 58';
and Level 4 (104.5')to the highest roof ridgeline (152') shall not exceed 47.5'.
(REVISED PER RESOLUTION NO.2008-17 ON MARCH 4, 2008)
c. Northern Elevation — Maximum building height as measured from the lowest adjacent
finished grade for Level 4 (104.5') of the hotel guest room wing at the far northeast corner
to the highest roof ridgeline (142.50') shall not exceed 38'; Level 4 (104.5') of the hotel
guest wing near the hotel motor courtyard to the highest roof ridgeline (152') shall not
exceed 47.5'; Level 4 (105') at the hotel lobby to the highest roof ridgeline (144') shall not
exceed 39'; and Level 4 (104.5') at the hotel banquet facilities to the highest roof ridgeline
(142') shall not exceed 37.5'.
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
d. Southern Elevation - Maximum building height as measured from the lowest adjacent
finished grade for Level 1 (75.50') of the hotel guest wing to the highest roof ridgeline
(132.50') shall not exceed 57'; Level 1 (75.50')of the hotel guest wing to the highest roof
ridgeline (143') shall not exceed 67.5'; Level 4 (85') at the hotel lobby to the highest roof
ridgeline (144') shall not exceed 59'; and Level 2.4 (89') of the hotel banquet facilities to
the highest roof ridgeline (142')shall not exceed 53'.
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
e. Western Elevation - Maximum building height as measured from the lowest adjacent
finished grade for Level 4 (104.5") at the hotel banquet facilities to the highest roof
ridgeline (142') shall not exceed 37.5'; Level 2 (85') of the hotel guest wing to the highest
roof ridgeline (143') shall not exceed 58'; and Level 1(75.50') of the hotel guest wing to
the highest roof ridgeline (132.50') shall not exceed 57'.
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Resort Villas — Maximum height shall not exceed 26 feet, as measured from the lowest adjacent
finished grade to the top of the highest roof ridgeline for those villa structures located outside of
the visual corridor of Vertical Zone 1. If any Villa structure is located within the visual corridor of
Vertical Zone 1, as identified on the site plan, it shall not exceed a maximum height of 16 feet, as
measured from the lowest adjacent finished grade to the top of the highest roof ridgeline. The
following elevation benchmarks shall apply to each villa building:
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 14 of 40
BUILDING LOWEST ADJACENT MAXIMUM MAXIMUM HEIGHT
NUMBER FINISHED GRADE ROOF RIDGELINE
r-
10 179.10' 195.60' i, 16'
a
11 162.50' 187.92' 25.42'
12 164.80' 190.22' 25.42
13 166.20' 191.62' 25.42'
14 154.00' 179.92' 25.92'
15 149.20' 175.12' 25.92'
16 149.00' 174.42' 25.42'
I
17 152.30' 178.22' 25.92'
18 156.60' 182.52' 25.92'
19 1
I 161.50' 1 187.42' I 25.92'
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Casitas - Maximum height of the casitas located outside of the visual corridor of Vertical Zone 1
shall not exceed 26 feet as measured from the lowest adjacent finished grade. The Casitas
located within the Coastal Specific Plan's Vertical Zone 1 shall not exceed 16 feet in height, as
measured from the lowest adjacent finished grade to the top of the highest roof ridgeline. The
following elevation benchmarks shall apply to each casita building:
MAXIMUM BUILDINGLLOWEST
ADJACENT MAXIMUM HEIGHT
NUMBER FINISHED GRADE ROOF RIDGELINE
Western Casitas
1 20 130.40' 156.35' 26'
f 21 133.20' 159.20' 26'
22 136.60' 162.60' 26'
23 128.50' 154.50' 26'
24 122.50' 148.50' 26'
25 119.50' 145.50' 26'
26 116.40' 142.40' 26'
27 111.30' 137.30' 26'
28 106.90' 132.90' 26'
Eastern Casitas
30 108.50' 134.50' 26'
31 111.50' 137.50' 26'
32 113.80' 139.80' 26'
33 114.50' 130.50' 16'
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Bungalows - Maximum height of the bungalows shall not exceed 26 feet as measured from the
lowest adjacent finished grade to the top of the highest roof ridgeline. The following elevation
benchmarks shall apply to each bungalow building:
BUILDING LOWEST MAXIMUM
NUMBER ADJACENT ROOF RIDGELINE MAXIMUM HEIGHT
FINISHED GRADE
40 69.50' 95.50' 26'
41 66.50' 92.50' 26'
42 55.50' 81.50' 26'
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 15 of 40
43 59.50' 85.50' 26'
44 58.90' 84.90' 26'
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Clubhouse– This Condition was deleted
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Golf Maintenance Facility—This Condition was deleted
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Fine Dining Restaurant – Maximum height of the fine dining restaurant shall not exceed 16-feet
as measured from the lowest adjacent finished grade to the top of the highest roof ridgeline. The
following elevation benchmarks shall apply to the fine dining restaurant building:
LOWEST ADJACENT MAXIMUM MAXIMUM HEIGHT
FINISHED GRADE ROOF RIDGELINE
97.50' 118.50' 21'
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Lookout Bar– Maximum height of the Lookout Bar shall not exceed 19 feet as measured from the
lowest adjacent finished grade to the top of the highest roof ridgeline. The following elevation
benchmarks shall apply to the lookout bar building:
LOWEST ADJACENT MAXIMUM
FINISHED GRADE ROOF RIDGELINE MAXIMUM HEIGHT
52.00' 71.00' 19'
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Lower Pool Facility – Maximum height of the lower pool facility shall not exceed 16 feet, as
measured from the lowest adjacent finished grade to the top of the highest roof ridgeline. The
following elevation benchmarks shall apply to the lower pool facility building:
LOWEST ADJACENT MAXIMUM MAXIMUM
FINISHED GRADE ROOF RIDGELINE HEIGHT
57.73' 73.73' 16'
1
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Spa and Fitness Facility – Maximum height of the spa building shall not exceed 32 feet and the
fitness building shall not exceed 20.5 feet. Both structures shall be measured from the lowest
adjacent finished grade to the top of the highest roof ridgeline. The following elevation
benchmarks shall apply to the spa and fitness facility:
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 16 of 40
LOWEST ADJACENT I MAXIMUM MAXIMUM HEIGHT
BUILDING FINISHED GRADE ROOF RIDGELINE
Spa Facility 48.50' 80.50' 32'
Fitness Facility I 48.50' 69' 20.50'
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Parking Structure— This condition was deleted.
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
51) Accessory Structures — Maximum height of all accessory structures, including but not limited to
pool cabanas, pool pavilions, trellises, and other stand alone accessory structures_shall not
exceed 12 feet, as measured from the lowest adjacent finished grade to the top of the highest
roof ridgeline, except for the Upper Resort Pool accessory structure, which shall not exceed 14-
feet in height as measured from lowest adjacent finished grade.
(REVISED PER RESOLUTION NO. 2014-69 ON OCTOBER 21, 2014)
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Flagpoles — three flagpoles shall be permitted adjacent to the main hotel building, as shown on
the plans dated April 2009, at a maximum of 35-feet for one flagpole and 30-feet for two flag
poles.
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
Architectural Features — architectural elements (cupolas, rotundas, and towers) may exceed the
foregoing height limits with the prior written approval of the Director of Planning, Building and
Code Enforcement, provided that such elements are generally consistent with the plans reviewed
by the City Council.
Chimneys - Fireplace chimneys shall be limited to the minimum height acceptable by the Uniform
Building Code
52) A Building Pad Certification shall be prepared by a licensed engineer and submitted to Director of
Planning, Building and Code Enforcement prior to final inspection of grading activities. A Roof
Ridgeline Certification, indicating the maximum height of each building, shall be prepared by a
licensed engineer and submitted to Director of Planning, Building and Code Enforcement prior to
the final framing certifications for each building.
53) In no event shall any structure, including architectural features, exceed the elevation height of
Palos Verdes Drive South adjacent to the project site, as measured from the closest street
curb adjacent to the structure in question and the ridgeline of the proposed building. This
condition shall not apply to chimneys built to the minimum standards of the Uniform Building
Code.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
54) Glare resulting from sunlight reflecting off building surfaces and vehicles shall be mitigated by
such measures as incorporating non-reflective building materials and paint colors into the design
of the hotel architecture, as well as landscaping around the buildings and parking lots.
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 17 of 40
55) This condition was deleted.
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
56) The applicant shall submit an Architectural Materials Board for review and approval by the
Director of Planning, Building and Code Enforcement prior to issuance of building permits. The
Materials Board shall identify, at the least, a sample of the proposed exterior building materials,
such as roof tile materials and paint colors.
57) The hotel buildings, and ancillary structures, shall be finished in a muted earth-tone color, as
deemed acceptable by the Director of Planning, Building and Code Enforcement during the
review of the Materials Board.
58) The roof materials for all pitched roofs of the hotel buildings, including but not limited to the Villas,
Casitas, Bungalows and all other ancillary structures, shall be tile, consisting of a muted color, as
deemed acceptable by the Director of Planning, Building and Code Enforcement during the
review of the Materials Board. The material for all flat roofs shall be a color that is compatible
with the color of the tiles used on the pitched roofs throughout the resort hotel, as deemed
acceptable by the Director of Planning, Building and Code Enforcement.
(REVISED PER RESOLUTION NO.2006-92 ON DECEMBER 5,2006)
59) All trash enclosure areas shall be designed with walls six (6) feet in height with the capability of
accommodating recycling bins. The enclosures shall be consistent with the overall building
design theme in color and material, and shall include self-closing / self-latching gates. The
enclosures shall integrate a trellis type roof cover to visually screen and to reduce their visibility
from all public rights-of-way and surrounding properties.
60) In accordance with the Commercial Recreational zoning district, the Resort Hotel Area shall not
exceed a maximum lot coverage of thirty (30%) percent. For the purpose of this project, the
definition of Lot Coverage shall adhere to the residential standards set forth in Section
17.02.040(A)(5) of the RPVMC.
61) In addition to the Coastal Setback line, as required by the RPVMC, all other building setbacks
shall comply with the Commercial-Recreational zoning requirements, unless otherwise noted
herein. A Setback Certification shall be prepared by a licensed engineer and submitted to
Building and Safety prior to the framing inspection on each structure.
Public Amenities (Trails and Parks)
62) Prior to the issuance of any building or grading permits for the hotel, casitas, spa, villas, or
clubhouse, the applicant shall submit and receive approval for a Public Amenities Plan which
shall include specific design standards and placement for all trails, vista points, parking facilities,
signs, and park areas, including the lower beach area, within the project site, as specified in the
conditions herein. Additionally, the Plan shall include the size, materials and location of all public
amenities and shall establish a regular maintenance schedule. City Staff shall conduct regular
inspections of the public amenities. The Plan shall be reviewed and approved by the City Council
at a duly noticed public hearing, as specified in the RPVMC.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 18 of 40
63) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, or the operation of the 9-hole golf course, whichever occurs first, the applicant shall
complete the construction of the following public access trails, public parks and other public
amenities within the project site, except for the lower beach area (constructed after obtaining
approvals from the Coastal Commission and the State Lands Commission) and the Lookout Bar,
which shall be constructed within six (6) months after the issuance of the first Certificate of
Occupancy for the resort hotel:
a. Implementation of the Public Amenities Plan (such as benches, drinking fountains,
viewing telescopes, bicycle racks, fences, signs, irrigation, and landscaping)
b. Public trails and trail signs to the satisfaction of the City (The Marineland Trail Segment
(C5), Long Point Trail Segment (D4), Flowerfield Trail Segment (E2), and Café Trail
Segment(J2) improvements).
c. Bicycle paths along southern lane of Palos Verdes Drive South adjacent to the project
site.
d. The coastal public parking area within the resort hotel project area serving the coastal
access points.
e. The expansion of the Fishing Access Parking Lot.
f. Improvements to the existing Fishing Access Parking lot.
g. Improvements to the Public Restroom facility at the Fishing Access site.
h. Public section of the Lower Pool Facility (consisting of outdoor tables and seating, men
and women restroom and changing facilities, planter boxes with trees that provide
shaded seating areas, access to the pool kitchen facility, outdoor showers and drinking
water fountains).
i. The 2.2 acre Bluff-Top park.
j. Habitat Enhancement Area.
k. The lower beach improvements, including the drainage channel and the importation of
sand, shall not be constructed until the applicant can demonstrate that approvals have
been obtained from the California Coastal Commission and the State Lands Commission.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO.2008-95 ON OCTOBER 7, 2008)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
64) The City encourages incorporation of a marine theme into the project's public trails and park area.
65) The applicant shall upgrade the City's Fishing Access parking lot, fencing, signs, and landscaping
to be consistent with the proposed 50 space parking lot expansion on the project site. Said
improvements shall be reviewed and approved by the City, and shall be constructed prior to
issuance of a final Certificate of Occupancy for the main hotel building or prior to August 1, 2009,
whichever occurs first
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
66) The applicant shall improve, to the satisfaction of the Director of Planning, Building and Code
Enforcement and Public Works Director, the existing public restroom facility located at the City's
Fishing Access to architecturally and aesthetically resemble the resort hotel buildings and related
public amenities. Said improvements shall be reviewed and approved by the City, and shall be
constructed prior to issuance of a final Certificate of Occupancy for the main hotel building or prior
to August 1, 2009, whichever occurs first
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 19 of 40
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
67) Prior to the issuance of a final Certificate of Occupancy for the main hotel building, or prior to
August 1, 2009, or prior to recordation of Final Parcel Map No. 26073, whichever occurs first, the
applicant shall dedicate easements over all public trails, habitat areas, vista points, and public
amenities to the City of Rancho Palos Verdes.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
68) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall dedicate the 2.2-acre Bluff-Top Park and 1.0
acre adjacent Fishing Access parking lot expansion (50 parking spaces) to the City. Maintenance
of the trails, park grounds and landscaping, including but not limited to the landscaping located
within the Fishing Access Parking Lot shall be maintained by the applicant as long as a hotel is
operated on the property.
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
69) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall dedicate an easement to the City and
construct two Public Vista Points along the Long Point Trail Segment (D4) in locations to be
approved by the Director of Planning, Building, and Code Enforcement in the review of the Public
Trails Plan. Habitat fencing, as well as habitat protection signs shall be posted in and around any
vista point. The square footage of any Habitat Enhancement Area or the 50-foot transitional area
that is used for the vista points shall be replaced at a ratio of 1:1.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
70) Prior to recordation of any final map or issuance of any building or grading permits, the applicant
shall submit to the Director of Public Works a Public Trails Plan which identifies the on-site and
off-site pedestrian and bicycle trails proposed for the project for review and approval by the City
Council. The plan shall include details regarding trail surface, trail width, and trail signage.
Furthermore, all trail segments shall be constructed with appropriate trail engineering techniques,
as approved by the City's Director of Public Works, to avoid soil erosion and excessive
compaction. The public trails, as identified in the city's Conceptual Trails Plan shall include: the
Marineland Trail Segment (C5); the Long Point Trail Segment (D4); the Flower Field Trail
Segment (E2); and the Café Trail Segment (J2). Furthermore, the beach access trail at the
southeast corner of the project site shall also be kept open to the public and shall be maintained
by the applicant.
71) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall construct a class II bikeways along Palos
Verdes Drive South, adjacent to the project site, to the satisfaction of the Director of Public
Works. In the event any drainage grates are required, all grates shall be installed in a manner
that is perpendicular to the direction of traffic to the satisfaction of the Director of Public Works.
(REVISED PER RESOLUTION NO.2005-107 ON OCTOBER 4, 2005)
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
72) All project related trails, as identified in the City's Conceptual Trails Plan, shall be designed to the
following minimum standards for trail widths, with easements extending an additional foot on
either side of the trail:
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 20 of 40
a. Pedestrian Only — 5-foot improved trail width within a 10-foot dedication area, except for
the Bluff Top Trail. The Bluff Top Trail shall be a minimum of 4-feet wide, with 5-foot by
5-foot areas of refuge located along the trail at maximum intervals of 200 feet, within a
10-foot dedication area.
b. Pedestrian/Equestrian—6-foot improved trail width, 8-foot dedication
c. Pedestrian/Bike— 6-foot improved trail width, 8-foot dedication along the resort side of
Palos Verdes Drive South)
d. Joint Pedestrian/Golf Cart— 10-foot improved trail, 12-foot dedication.
e. Sharrow Lane — shared vehicle and bicycle lane along the inbound and outbound lanes
of the entry driveway.
Standard golf cart-only paths, if constructed, shall be 6-feet wide, and require no easement
dedication.
If a golf cart path is parallel, but not immediately abutting, a pedestrian path, a 2-foot minimum
separation between the two paths shall be incorporated into the design of the paths in question
and shall be maintained at all times thereafter. If a golf cart path is immediately abutting a
pedestrian path without separation, the golf cart path shall be curbed.
All sidewalks and pathways throughout the project site shall be designed to comply with the
minimum width standards set forth in the 2002 California Disabled Accessibility Guidebook.
(REVISED PER RESOLUTION NO. 2016-07 ON FEBRUARY 16, 2016)
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
73) Where feasible, the applicant shall design, to the satisfaction of the Director of Planning, Building,
and Code Enforcement, public trails, public restrooms and public park facilities that are in
compliance with the American Disabilities Act requirements.
74) The Lower Pool Facility and the trail from the public parking lot nearest the hotel building to the
Lower Pool Facility shall be constructed in compliance with all the standards established by the
American with Disabilities Act(ADA).
75) Where feasible, the applicant shall design trails, to the satisfaction of the Director of Planning,
Building and Code Enforcement, that do not exceed a maximum gradient of twenty (20%)
percent.
LandscapingNegetation
76) Prior to issuance of any building or grading permits, the applicant shall record a conservation
easement covering the Bluff-face/Habitat Enhancement Area. The conservation easement shall
be recorded in favor of the City of Rancho Palos Verdes, and shall first be reviewed and accepted
by the City Attorney.
77) The Habitat Enhancement Area shall extend from the Los Angeles County Fishing Access
Parking Lot to the toe of the slope immediately north of the Lookout Bar. The Habitat
Enhancement Area shall be thirty(30) feet wide, as measured from the inland limits of the coastal
bluff scrub, as specified in the Mitigation Measures adopted by the City Council by Resolution No.
2002-34. All public trails in this portion of the site shall not encroach into the Habitat
Enhancement Area.
78) A Landscape Plan shall be prepared by a qualified Landscape Architect in accordance with the
standards set forth in RPVMC. The Landscape Plan shall be reviewed and approved by the
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 21 of 40
Director of Planning, Building and Code Enforcement, a qualified Landscape Architect and a
qualified botanist, hired by the City, prior to the issuance of any building or grading permits. The
applicant shall establish a Trust Deposit account with the City prior to the submittal of Landscape
Plans to cover all costs incurred by the City in conducting such review. During the Director's
review, the Landscape Plan shall also be made available to the public, including but not limited to
representatives from the California Native Plant Society, for review and input.
The Ornamental Landscape Plan shall comply with the water conservation concepts, the View
Preservation Ordinance, the planting requirements, the irrigation system design criteria, and all
other requirements of the RPVMC. Notwithstanding the proceeding, a tree or other foliage that is
located adjacent to a structure that already impairs a view from a surrounding property may grow
to the ridgeline of that structure so that the foliage screens the structure but does not increase the
degree of view impairment. Except as specified in these conditions and except for trees adjacent
to the Villas which will not be higher than the adjacent street curb of Palos Verdes Drive South or
the maximum ridgeline of the adjacent Villa, whichever is lower, all other trees and foliage located
within the City's Coastal Specific Plan's View Corridors (Catalina and Point Fermin) shall not
exceed the permitted height limits of the Coastal Specific Plan's View Corridors or if not located in
a View Corridor shall not exceed the height limit of the street curb at the Fishing Access Parking
Lot, defined at 158-feet above sea level. In no event shall any foliage allowed pursuant to this
condition impair visibility through a protected view corridor, as identified in the project EIR. The
Plan shall identify the plant and seed sources and the required lead time that will be needed to
implement the plan. A colorful plant palette shall be utilized in the design of the hotel landscaping
where feasible, provided that impacts to native and protected vegetation will not occur. No
invasive plant species shall be included in the plant palette, except for the following species which
exist on-site or within the immediate area: Eucalyptus, Nerium Oleander, Olea Europia (olive
tree), Phoenix (all species), Shinus Molle (California Pepper Tree), Shinus Terebinthifolius
(Florida Pepper Tree).
The Habitat Enhancement Area, which serves as a plant buffer for the El Segundo Blue Butterfly
and the Bluff Habitat shall consist of suitable, locally native plants. In addition, the 50-foot wide
planting area inland of the Habitat Enhancement Area, as specified in the adopted Mitigation
Monitoring Program (5.3-2c) attached as Exhibit "C" of Resolution No. 2002-34, shall also be
planted with suitable, locally native plants and grasses. When available, it is recommended that
seeds and plants for both areas come from local sources.
The applicant shall submit for review and approval by the Director of Planning, Building and Code
Enforcement and a qualified biologist, at the expense of the applicant, a Habitat Enhancement
Management Plan that shall ensure regular maintenance to prevent propagation of invasive
plants into the Habitat Enhancement or buffer areas and that any invasive plants that do
propagate into the Habitat Enhancement Area will be immediately removed. Said Management
Plan shall be submitted for review and approval at the same time as the Landscape Plan.
In accordance to the California Coastal Commission's adopted Conditions of Approval, the
applicant shall install plants adjacent to Palos Verdes Drive South, referred to as Zone C
Roadside Habitat Enhancement Area, that provide food and cover for wildlife, including
gnatcatchers, migration between the nearby offsite habitat areas in the City's NCCP Preserve
(Palos Verdes Nature Preserve). Species outside of expected shade canopies shall be
predominantly coastal sage scrub plants. Tree canopies shall be limited to ten percent of the
area. All plant material shall be native to the Palos Verdes Peninsula.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2011-48 ON JULY 5, 2011)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 22 of 40
79) Landscaping proposed surrounding the Resort Villas shall be situated in a manner that, at
maturity, visually screens the buildings from Palos Verdes Drive South, as well as visually
separates the dense appearance of the Villas. Said landscaping shall also be permitted to grow
beyond the maximum height of the Villas' roof ridgeline, only when such landscaping is able to
screen the roof materials and not block a view corridor, as determined by the Director of
Planning, Building and Code Enforcement at the time the Landscape Plan is reviewed.
In order to maintain views from Palos Verdes Drive South, the trimming of the coastal sage scrub
located within the Coastal Commission's designated Zone C Roadside Habitat Enhancement
Area, as described in Condition No. 78 and 100, shall be conducted during the non-breeding bird
season (September 1 through February 14). In the event trimming of the coastal sage scrub is
required to maintain views during the bird breeding season, a qualified biologist shall inspect the
vegetation to determine that no nesting birds exist in that area immediately prior to and during the
trimming.
(REVISED PER RESOLUTION NO.2011-48 ON JULY 5, 2011)
80) Reasonable efforts shall be made by the applicant to preserve and replant existing mature trees,
as deemed acceptable by the Director of Planning, Building and Code Enforcement. Any
replanted trees, if invasive, shall not be located in the native plant area (30-foot Habitat
Enhancement Area and 50-foot transition area). Any such replanted or retained trees shall be
noted on the required landscape plans.
81) Where practical, landscaping shall screen the hotel building, ancillary structures, and the project's
night lighting as seen from surrounding properties and/or public rights-of-way, as depicted on the
Landscape Plan.
Lighting
82) The applicant shall prepare and submit a Lighting Plan for the Resort Hotel Area in compliance
with the RPVMC. The Lighting Plan shall clearly show the location, height, number of lights,
wattage and estimates of maximum illumination on site and spill/glare at property lines for all
exterior circulation lighting, outdoor building lighting, trail lighting, parking lot lighting, landscape
ambiance lighting, and main entry sign lighting. The Lighting Plan shall be submitted for review
and approval by the Director of Planning, Building and Code Enforcement prior to issuance of any
building permit for the Resort Hotel Area. Furthermore, prior to the Director's review, the Lighting
Plan shall be reviewed and approved by a qualified biologist for potential impacts to wildlife.
83) Parking and Security lighting shall be kept to minimum safety standards and shall conform to City
requirements. Fixtures shall be shielded so that only the subject property is illuminated; there
shall be no spillover onto residential properties or halo into the night sky. A trial period of ninety
(90) days from the installation of the project exterior lighting for the hotel, spa, west casitas, east
casitas, villas, clubhouse, the 9-hole golf course, and surface parking lots shall be assessed for
potential impacts to the surrounding environment. At the end of the ninety (90) day period, the
Director of Planning, Building and Code Enforcement may require additional screening or
reduction in the intensity or number of lights which are determined to be excessively bright or
otherwise create adverse impacts.
(REVISED PER RESOLUTION NO.2006-17 ON MARCH 21, 2006)
84) This condition was deleted.
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 23 of 40
85) No golf course lighting shall be allowed other than safety lighting for the use of trails through the
9-hole golf course areas and lighting for the clubhouse and adjacent parking lot.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
Signs
86) Prior to the issuance of any building permit, a Uniform Sign Program shall be submitted to the
Planning Department for review and approval by the City Council, at a duly noticed public
hearing. The Sign Program shall include all exterior signs including resort identification signs,
spa identification signs, golf course signs including routing signs and any warning signs, public
safety signs for trails and park areas, educational signs about habitat or wildlife and any other
proposed project signs. Furthermore, the Sign Program shall indicate the colors, materials,
locations and heights of all proposed signs. Said signs shall be installed Prior to issuance of a
final Certificate of Occupancy for the main hotel building or prior to August 1, 2009, whichever
occurs first.
(REVISED PER RESOLUTION NO.2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18,2008)
Utilities/Mechanical Equipment
87) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to April 9,
2010, whichever occurs first, all utilities exclusively serving the project site shall be placed
underground including cable television, telephone, electrical, gas and water. All appropriate
permits shall be obtained for any such installation. Cable television, if utilized, shall connect to
the nearest trunk line at the applicant's expense.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-5 ON JANUARY 19, 2010)
88) Prior to June 30, 2010 all existing above ground utilities serving the project site within the public
right-of-way adjacent to the property frontage of the project site shall be placed underground by
the applicant. In addition, the applicant shall deposit with the City the amount that would be
charged by Southern California Edison to remove the two (2) utility poles on either side of Palos
Verdes Drive South. Upon such deposit, this condition shall be deemed satisfied. If the two (2)
utility poles are not removed within five (5) years from the date such funds have been deposited
with the City, and if the City Council does not make the findings required by Government Code
Section 66001(d) to allow the City to retain the funds for additional five-year periods, then once
the Council does not make those findings, the funds shall be reimbursed to the applicant and the
applicant shall have no further obligations with respect to such utility poles.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
(REVISED PER RESOLUTION NO.2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO.2010-5 ON JANUARY 19,2010)
(REVISED PER RESOLUTION NO.2010-29 ON APRIL 20, 2010)
89) No above ground utility structures cabinets, pipes, or valves shall be constructed within the public
rights-of-way without prior approval of the Director of Public Works.
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 24 of 40
90) Mechanical equipment, vents or ducts shall not be placed on roofs unless the applicant
demonstrates, to the satisfaction of the Director of Planning, Building and Code Enforcement, that
there is no feasible way to place the equipment elsewhere. In the event that roof mounted
equipment is the only feasible method, all such equipment shall be screened and/or covered to
the satisfaction of the Director of Planning, Building, and Code Enforcement so as to reduce their
visibility from adjacent properties and the public rights-of-way. Any necessary screening or
covering shall be architecturally harmonious with the materials and colors of the buildings, and
shall not increase any overall allowed building height permitted by this approval. This condition
shall apply to all buildings in the Resort Hotel Area, including but not limited to, the hotel,
bungalows, casitas, villas, and spa.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
91) Use of satellite dish antenna(e) or any other antennae shall be controlled by the provisions set
forth in the RPVMC. Centralized antennae shall be used rather than individual antennae for each
room, building or accommodation.
92) Mechanical equipment, regardless of its location, shall be housed in enclosures designed to
attenuate noise to a level of 65 dBA at the project site's property lines. Mechanical equipment for
food service shall incorporate filtration systems to eliminate exhaust odors.
93) All hardscape surfaces, such as the parking area and walkways, shall be properly maintained and
kept clear of trash and debris. The hours of maintenance of the project grounds shall be
restricted to Mondays through Fridays from 7:00 a.m. to 5:00 p.m., and on Saturdays from 9:00
a.m. to 4:00 p.m. Said maintenance activities shall be prohibited on Sundays and National
holidays.
94) The storage of all goods, wares, merchandise, produce, janitorial supplies and other commodities
shall be permanently housed in entirely enclosed structures, except when in transport.
Fences, Walls, and Gates
95) No freestanding fences, walls, or hedges shall be allowed, unless a Uniform Fencing Plan is
reviewed and approved by the Director of Planning, Building, and Code Enforcement, except as
otherwise required by these conditions or the mitigation measures set forth in the Mitigation
Monitoring Plan attached as Exhibit "C" to Resolution No. 2002-34. Said Fencing Plan shall be
reviewed and approved prior to issuance of any building permit and shall be installed prior to
issuance of a final Certificate of Occupancy for the main hotel building or by August 1, 2009 or
prior to use of the Resort by the public, including paying guests, whichever occurs first. No entry
gates shall be permitted.
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
96) The design of the fencing required along the bluff top park, bluff top trails, and the Habitat
Preserve Areas shall be included in the Public Amenities Plan, as required herein. Said fencing
shall be modeled to generally resemble the wood / cable fence installed in City parks, such as
Shoreline Park and Ocean Trails.
97) All pools and spas shall be enclosed with a minimum 5' high fence, with a self-closing device and
a self-latching device located no closer than 4' above the ground.
98) All fencing surrounding the Lower Pool Facility, including pool and spa security fencing, shall be
constructed in a manner that meets the minimum fence standards for pool safety, as noted in the
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 25 of 40
above condition, and shall minimize a view impairment of the coastline as determined by the
Director of Planning, Building and Code Enforcement.
99) No safety netting for the 9-hole golf course shall be permitted.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
100) Any on-site fencing along Palos Verdes Drive South shall be no higher than two (2) feet in height
and shall be modeled to generally resemble the fencing installed along Palos Verdes Drive West
for the Ocean Front Estates project. Any landscaping on the project side of Palos Verdes Drive
South parkway and the roadway median, as determined by the Planning Director, shall be limited
and maintained at a maximum of 30-inches in height as measured above the closest street curb
adjacent to the project site. Said landscaping shall be reviewed by the City Council one year from
the date this condition is adopted to ensure that the coastal sage scrub is maintained as viable
habitat while still ensuring views are adequately maintained from Palos Verdes Drive South.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO.2011-48 ON JULY 5, 2011)
Source Reduction and Recycling
101) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to
November 1, 2009, whichever occurs first, the applicant shall prepare and submit to the Director
of Public Works for review and approval a comprehensive Integrated Waste Management Plan
that addresses source reduction, reuse and recycling. The Plan shall include a description of the
materials that will be generated, and measures to reduce, reuse and recycle materials, including,
but not limited to, beverage containers, food waste, office and guest room waste. The Plan shall
also incorporate grass cycling, composting, mulching and xeriscaping in ornamental landscaped
areas. Grass cycling, composting, or mulching shall not be used in the Habitat Areas. It is the
City's intention for the project to meet Local and State required diversion goals in effect at the
time of operation. The specifics of the Plan shall be addressed by the applicant at the time of
review by the Director of Public Works.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
102) Prior to issuance of any building or grading permits, an approved Construction and Demolition
Materials Management Plan (CDMMP or the Plan) shall be prepared and submitted to the
Director of Public Works for approval. The CDMMP shall include all deconstruction, new
construction, and alterations/additions. The CDMMP shall document how the Applicant will divert
85% of the existing on-site asphalt, base and concrete, through reuse on-site or processing at an
off-site facility for reuse. The Plan shall address the parking lots, concrete walkways, and other
underground concrete structures. The Plan shall also identify measures to reuse or recycle
building materials, including wood, metal, and concrete block to meet the City's diversion goal
requirements as established by the State Integrated Waste Management Act (AB 939). In no
case shall the Plan propose to recycle less than the state mandated goals as they may be
amended from time to time.
103) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to
November 1, 2009, whichever occurs first, a Construction and Demolition Materials Disposition
Summary (Summary) shall be submitted to the Director of Public Works upon completion of
deconstruction and construction. The Summary shall indicate actual recycling activities and
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 26 of 40
compliance with the diversion requirement, based on weight tags or other sufficient
documentation.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
104) Where possible, the site design shall incorporate for solid waste minimization, the use of recycled
building materials and the re-use of on-site demolition debris.
105) The project site design shall incorporate areas for collection of solid waste with adequate space
for separate collection of recyclables.
Street and Parking Improvements
106) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, emergency vehicular access shall be installed at the project site,
specifically to the hotel, villas, casitas, and the golf club house and golf practice facilities. A Plan
identifying such emergency access shall be submitted to the Fire Department and the Director of
Public Works for review and approval prior to issuance of any building permit.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
107) Prior to issuance of any building permit, the applicant shall prepare an Emergency Evacuation
Plan for review and approval by the Director of Planning, Building and Code Enforcement. Said
plan shall comply with the City's SEMS Multihazard Functional Plan.
108) The applicant shall construct and retain no fewer than 875 parking spaces on the resort property,
of which 50 parking spaces shall be dedicated for public use, at_no cost to the users of the public
parking lot, during City Park Hours, which are from one hour before sunrise until one after sunset.
The 50 dedicated public parking spaces on the resort hotel property nearest to the hotel building
may be used by the hotel to accommodate its overflow valet parking needs when the City parks
are closed for those wishing to use hotel amenities but who are not staying overnight.
Additionally, these 50 public parking spaces may be used by the operator of the resort hotel for
special events during City park hours, provided that a Special Use Permit is obtained from the
Planning Department, which shall be processed pursuant to the provisions of the RPVMC. The
applicant shall install signs in the public parking lot nearest to the hotel building stating that
additional public parking is available at the Fishing Access parking lot.
The applicant shall also expand the Fishing Access Parking Lot by constructing 50 additional
public parking spaces that shall be deeded to the City as a public parking area.
Vehicular ingress and egress to the property and the parking lots, including the public parking lot,
shall be via a "greeting kiosk", as shown on the site plan approved by the City Council on
December 5, 2006. The operation of the "greeting kiosk" shall not result in the refusal or
discouragement of the use of the free public parking within the designated public parking lot
during City Park Hours, as specified herein. Signs shall be posted along the entry driveway to
the hotel, between Palos Verdes Drive South and the "greeting kiosk" indicating that public
parking is available during City Park Hours. The hotel operator shall provide the Planning
Director with annual reports (January 1 - December 31) specifying the daily use of the public
parking so as to ensure that the operation of the"greeting kiosk" is not impeding public access to
the designated public parking lot. The operation of the "greeting kiosk," as it relates to vehicular
access to the designated public parking lot, shall be monitored by the Planning Director, who
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 27 of 40
shall have the ability to modify the operation of the"greeting kiosk"to ensure that public access to
the designated public parking lot occurs during City Park Hours.
(REVISED PER RESOLUTION NO.2006-92 ON DECEMBER 5, 2006)
109) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, an appropriate public access easement in favor of the City across
the resort entry drive from Palos Verdes Drive South to the designated public parking area
adjacent to the main hotel building, in a form acceptable to the City Attorney, shall be recorded.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
110) A Parking Lot Plan shall be reviewed and approved by the Director of Planning, Building and
Code Enforcement prior to issuance of project-related grading permits. The Parking Lot Plan
shall be developed in conformance with the parking space dimensions and parking lot standards
set forth in RPVMC or allowed in this condition of approval, and shall include the location of all
light standards, planter boxes, directional signs and arrows. No more than 20% of the total
parking spaces shall be in the form of compact spaces. The filing fee for the review of the
Parking Plan shall be in accordance to the City's Fee Schedule as adopted by Resolution by the
City Council.
Valet parking shall be permitted as part of the hotel operation provided it is operated and
managed 24-hours a day by the hotel operators. No more than 203 (23%) of the required 875
parking spaces shall be designated as valet parking spaces. Each valet parking stall shall be a
minimum of 8%' wide by 18' deep. Tandem parking stalls for use by a maximum of three
vehicles, shall be permitted for the designated valet parking lot. All valet employees who operate
a motor vehicle shall have in their possession a valid driver's license.
(REVISED PER RESOLUTION NO. 2005-107 ON OCTOBER 4, 2005)
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
111) Prior to the recordation of any final map, or issuance of any grading permit, the applicant shall
submit security, in a form reasonably acceptable to the City, to cover any damage caused to
existing public roadways during construction. The amount of said security shall be determined by
the Director of Public Works.
112) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to April 9,
2010, whichever occurs first, the applicant shall replace all damaged curbs, gutters, and
sidewalks along the project's Palos Verdes Drive South frontage, as determined by the Director of
Public Works. Prior to approval of the Street Improvement Plan, the applicant shall post a
security bond in an amount sufficient to ensure completion of such improvements, including,
without limitation, the costs for labor and material. The amount of such security shall be
determined by the Director of Public Works.
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18,2008)
(REVISED PER RESOLUTION NO.2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-5 ON JANUARY 19,2010)
113) All proposed driveways shall be designed in substantially the same alignment as shown on the
approved site plans, subject to final design review and approval by the Los Angeles County Fire
Department and the Director of Public Works.
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 28 of 40
114) Any on-site raised and landscaped medians and textured surfaces shall be designed to standards
approved by the Director of Public Works.
115) Handicapped access ramps shall be installed and or retrofitted in accordance with the current
standards established by the Americans with Disabilities Act. Access ramps shall be provided at
all intersections and driveways.
116) If excavation is required in any public roadway, the roadway shall be resurfaced with an asphalt
overlay to the adjacent traffic lane line to the satisfaction of the Director of Public Works.
117) Prior to commencing any excavation within the public rights-of-way, the applicant shall obtain all
necessary permits from the Director Public Works.
118) Prior to the recordation of a final map or issuance of any building or grading permits, whichever
comes first, the applicant shall construct or enter into an agreement and post security
guaranteeing the construction of the following public and/or private improvements in conformance
with the applicable City Standards: street improvements, medians, sidewalks, drive approaches,
bikeways, trails, signing, striping, storm drain facilities, sub-drain facilities, landscape and
irrigation improvements (medians, slopes, parks, and public areas including parkways), sewer,
domestic water, monumentation, traffic signal systems, trails, and the undergrounding of existing
and proposed utility lines. If security is posted it shall be in an amount sufficient to ensure
completion of such improvements, including, without limitation, the costs for labor and materials.
The amount of such security shall be determined by the Director of Public Works. The security
referred to in this condition may be grouped into one of the following categories, provided that all
of the items are included within a category: 1) Landscape and Irrigation; 2) On-site Street
Improvement Plans and Parking, and 3) Palos Verdes Drive South Improvements.
The construction of the bus shelter at the southeast corner of the entry driveway and Palos
Verdes Drive South shall be constructed by the applicant by June 1, 2010. The applicant shall
post a security cash deposit with the City in the amount of $10,000 prior to the issuance of the
Certificate of Occupancy for the main hotel building or August 1, 2009, whichever occurs first.
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
119) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall complete the street improvements to Palos
Verdes Drive South as identified in the Mitigation Measures set forth in the Mitigation Monitoring
Plan attached as Exhibit "C" to Resolution No. 2002-34. The improvements shall include the
following: Installation of a new traffic signal on Palos Verdes Drive South at the project entrance,
a right turn lane for south-bound traffic to facilitate ingress into the project and a lengthened left
turn lane for north-bound traffic to facilitate ingress into the project.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
120) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall improve with landscaping and irrigation the
median and parkway along Palos Verdes Drive South, in the area generally located in front of the
project site's entrance driveway, including the portion of the median that is to be improved with an
expanded left-turn pocket, up to the eastern most driveway of the Fishing Access Parking Lot. If
available, said landscaping shall consist of non-invasive plant species, except the permitted
invasive species listed in Condition No. 78, as deemed acceptable by the Director of Public
Works.
01203.0005/285208.1 Resolution No. 2016-07
Exhibit B
Page 29 of 40
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
121) The design of all interior streets shall be subject to review and approval by the Director of Public
Works.
122) The applicant shall dedicate vehicular access rights to Palos Verdes Drive South to the City,
except as provided for private driveways and emergency access as shown on the site plan.
123) Prior to the approval of Street Improvement Plans, the applicant shall submit detailed
specifications for the structural pavement section for all streets, both on-site and off-site including
parking lots, to the Director of Public Works for review and approval.
Traffic
124) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to June 30,
2010, whichever occurs first, the applicant shall pay the City of Los Angeles for its fair share of
the following improvements to the intersection of Western Avenue (NS) at 25th Street (EW):
Provide east leg of 25th Street with one left turn lane, two through lanes, and one right turn lane.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18,2009)
(REVISED PER RESOLUTION NO.2009-80 ON NOVEMBER 4,2009)
(REVISED PER RESOLUTION NO. 2010-5 ON JANUARY 19,2010)
(REVISED PER RESOLUTION NO. 2010-29ON APRIL 20, 2010)
125) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to April 9,
2010, whichever occurs first, the applicant shall pay the City of Rolling Hills Estates for its fair
share of the following improvements to the intersection of Hawthorne Boulevard (NS) at Palos
Verdes Drive North (EW): Provide west leg with one left turn lane, one shared left and through
lane, one through lane, and one right turn lane.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO.2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO.2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO.2010-5 ON JANUARY 19,2010)
126) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to April 9,
2010, whichever occurs first, the applicant shall pay The City of Rolling Hills Estates for its fair
share of the following improvements to the intersection of Silver Spur Road (NS) at Hawthorne
Boulevard (EW): Provide north leg with one left turn lane, two through lanes, and one right turn
lane; and re-stripe south leg with two left turn lanes, one through lane, and one right turn lane.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO.2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO.2010-5 ON JANUARY 19, 2010)
127) Prior to issuance of building or grading permits, the applicant shall provide security, in a form
reasonably acceptable to the Director of Public Works, in the amount of $100,000 to cover the
cost of mitigating any impacts caused by this project that would require the installation of any new
traffic signal that may be required along Hawthorne Boulevard, Palos Verdes Drive South, or
Palos Verdes Drive West. This security will be held by the City in accordance with the provisions
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 30 of 40
of Government Code Section 66001 for a minimum five-year period, from the date of the main
hotel building's Certificate of Occupancy.
128) Upon the opening of the resort hotel or 9-hole golf course, whichever occurs first, the hotel
operators shall implement a shuttle service between the Long Point Resort Hotel and the Ocean
Trails Golf Course. The use of low emissions vehicles shall be used for the shuttles. The hotel
operators shall design the schedule of the shuttles so as to encourage and maximize its use by
hotel guests.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
129) The applicant shall comply with all applicable provisions of the City's Transportation Demand
Management and Trip Reduction Ordinance as set forth in RPVMC Section 10.28.
GRADING PERMIT NO. 2229
Grading
130) The following maximum quantities and depths of grading are approved for the Resort Hotel Area,
as shown on the grading plan reviewed and approved by the City Council at its December 5,
2006 meeting:
a. Maximum Total Grading (Cut and Fill): 784,550 cubic yards.
b. Maximum Cut: 411,889 cubic yards (392,275 cubic yards with 5% shrinkage).
c. Maximum Fill: 392,275 cubic yards.
d. Maximum Depth of Cut: 31 feet(located in the area of the villas).
e. Maximum Depth of Fill: 21 feet(located in the area of the more inland row of Western
Casitas).
Prior to issuance of a grading permit by Building and Safety, the grading plan reviewed by the
City Council on December 5, 2006 shall be revised so that the berm located to the east of Golf
Hole No. 8 is reduced by a minimum of 3-feet over the entire length of the berm, as measured
from the eastern side of the berm, but notwithstanding the foregoing, shall not be reduced below
3-feet in height over its entire length. The 14-foot tall landscape mound be deleted from the
grading plan.
The approvals granted by the City Council on October 21, 2014 as part of Revision "Q" for CUP
215, et. al., shall allow, as shown on the plans reviewed and approved by the City Council on
October 21, 2014, a total of 2,930 cubic yards of grading for the proposed Golf and Landscape
Maintenance Yard, Upper Resort Pool, and Main Pool Outdoor Bar consisting of 2,200 cubic
yards of cut and 730 cubic yards of fill. A total of 1,500 cubic yards of excavated earth for the
Upper Pool is considered building material and will be hauled off-site. Grading activities
associated with said approval shall comply with the conditions of approval stated herein.
The approvals granted by the City Council as part of Revision "R" for CUP 215, et. al., shall allow,
as shown on the plans reviewed and approved by the City Council on February 16, 2016, a total
of 2,000 cubic yards of grading for the proposed Meadow Lawn consisting of 950 cubic yards of
cut and 1,000 cubic yards of fill (50 cubic yards of import of building material). Grading activities
associated with said approval shall comply with the conditions of approval stated herein.
Any modifications resulting in additional grading in excess of the above amounts shall require
approval of an amendment to the grading permit by the City Council. This is a balanced grading
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 31 of 40
project. No import or export of earth shall be permitted, except as provided in Condition No. 155,
and except for fine grading materials, such as select fill.
The importation of sand for the lower beach improvements shall not exceed 1,500 cubic yards, as
depicted on the site plan reviewed an approved by the City Council on October 7, 2008. The loss
of sand resulting from extreme weather conditions, such as storm surges, or other unique
circumstances, shall be replenished on a case-by-case basis with the approval of a Grading
Permit pursuant to criteria set forth in Section of 17.48.020 of the RPVMC. In cases where more
than 1,000 cubic yards of sand shall be replenished, said grading application shall be reviewed by
the City Council rather than the Planning Commission.
Prior to the final inspection of the precise grading, the applicant shall provide the Building Official
with a certified as-built grading plan prepared and wet-stamped by a licensed engineer. The as-
built grading plan shall identify all revisions to the Council approved grading plan.
(REVISED PER RESOLUTION NO.2016-07 ON FEBRUARY 16, 2016)
(REVISED PER RESOLUTION NO.2014-69 ON OCTOBER 21,2014)
(REVISED PER RESOLUTION NO.2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
131) All recommendations made by the City Geologist, the City Engineer, and the Building and Safety
Division during the ongoing review of the project shall be incorporated into the design and
construction of the project.
132) All recommendations made by the project's geologist, as modified by comments from the City's
reviewers, shall be incorporated into the design and construction of the project.
133) If applicable, as determined by the City Geologist, prior to the issuance of grading permits, a
bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic
hazard abatement in an amount to be determined by the Director of Public Works.
134) Prior to issuance of a grading permit by Building and Safety, the applicant shall submit to the City
a Certificate of Insurance demonstrating that the applicant has obtained a general liability
insurance policy in an amount not less than five million dollars per occurrence and in the
aggregate to cover awards for any death, injury, loss or damage, arising out of the grading or
construction of this project by the applicant. Said insurance policy must be issued by an insurer
that is authorized to do business in the State of California with a minimum rating of A-VII by
Best's Insurance Guide or a rating of at least A by Standard & Poors. Such insurance shall name
the City and the members of its City Council, boards, committees, commissions, officers,
employees, servants, attorneys, volunteers and agents serving as its independent contractors in
the role of City officials, as additional insureds. A copy of this endorsement shall be provided to
the City. Said insurance shall be maintained in effect for a minimum period of five (5) years
following the final inspection and approval of said work by the City and shall not be canceled or
reduced during the grading or construction work without providing at least thirty (30) days prior
written notice to the City.
135) All on-site public improvements shown on the approved Public Amenities Plan including
necessary irrigation, landscaping, and support facilities shall be bonded for, or shall have a cash
deposit or other City-approved security posted for, in bonds or amounts to be deemed
satisfactory by the Director of Public Works.
Prior to recordation of the Final Map or prior to issuance of grading permits, whichever occurs
first, a bond, cash deposit, or other City-approved security, shall be posted to cover the costs of
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 32 of 40
grading in an amount to be determined by the Director of Public Works. The bond, cash deposit,
or other City-approved security, at a minimum, shall be sufficient to pay for the cost of restoring
the project site to an acceptable condition, as determined by the Building Official and the Director
of Public Works, in the event that the project is not completed and shall include, but not be limited
to, stabilizing and hydro-seeding all slopes, completing all retaining walls that are required to
maintain the slopes, installing erosion control improvements, and filling in grade depressions or
holes.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
136) Prior to issuance of a grading permit, the applicant shall provide the Director of Planning, Building
and Code Enforcement a plan that demonstrates how dust generated by grading activities will be
mitigated so as to comply with the South Coast Air Quality Management District Rule 403 and the
City's Municipal Code requirements which require watering for the control of dust.
137) Prior to the issuance of a grading permit, the applicant shall prepare a plan indicating, to scale,
clear sight triangles, which shall be maintained at each roadway and driveway intersection. No
objects, signs, fences, walls, vegetation, or other landscaping shall be allowed within these
triangles in excess of three feet in height.
138) Prior to the issuance of a grading permit, the following improvements shall be designed in a
manner meeting the approval of the Director of Public Works: 1) all provisions for surface
drainage; 2) all necessary storm drains facilities extending to a satisfactory point of disposal for
the proper control and disposal of storm runoff; and 3) all water quality related improvements.
Where determined necessary by the Director of Public Works, associated public street and utility
easements shall be dedicated to the City.
139) Prior to the issuance of any precise grading permit, the applicant shall submit to the Director of
Public Works, a plan for the placement of traffic signing, pavement delineation, and other traffic
control devices.
140) Prior to the issuance of grading permits, the applicant shall submit to the Director of Public
Works, for his review and approval, a construction traffic management plan. Said plan shall
include the proposed routes to and from the project site for all deliveries of equipment, materials,
and supplies, and shall set forth the parking plan for construction employees. All construction
related parking must be accommodated on-site. No construction related parking shall be
permitted off-site.
141) If applicable, as determined by the City Geologist, prior to the issuance of a grading permit, all
geologic hazards associated with this proposed development shall be eliminated, or the City
Geologist shall designate a restricted use area on the Final Parcel Map where the erection of
buildings or other structures shall be prohibited.
142) Prior to the issuance of building permits, an independent Geology and/or Soils Engineer's report
on the expansive properties of soils on all building sites shall be submitted for review and
approval by the City Geologist in conformance with the accepted City Practice.
143) Prior to the issuance of a building permit, an as-built geological report shall be submitted for
structures founded on bedrock, and an as-built soils and compaction report shall be submitted for
structures founded on fill as well as for all engineered fill areas.
144) Prior to the issuance of a grading permit, the applicant's project geologist shall review and
approve the final plans and specifications and shall stamp and sign such plans and specifications.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 33 of 40
145) Prior to the issuance of a grading permit, a grading plan review and geologic report, complete
with geologic map, shall be submitted for review and approval by the City's Geotechnical
Engineer.
146) Except as specifically authorized by these approvals, foundations shall be set back from the
Coastal Setback Line in accordance with the RPVMC and shall extend to such a depth as to be
unaffected by any creep-prone surficial soil and/or weathered bedrock. Field review and
certification by the project geologist is required.
147) All grading shall be monitored by a licensed engineering geologist and/or soils engineer in
accordance wit the applicable provisions of the RPVMC and the recommendations of the City
Engineer. Written reports, summarizing grading activities, shall be submitted on a weekly basis
to the Director of Public Works and the Director of Planning, Building, and Code Enforcement.
148) The project shall comply with all appropriate provisions of the City's Grading Ordinance, unless
otherwise approved in these conditions of approval.
149) Grading activity on site shall occur in accordance with all applicable City safety standards.
150) Prior to final grading inspection by Building and Safety, the graded slopes shall be properly
planted and maintained in accordance with the approved landscaping plan. Plant materials shall
generally include significant low ground cover to impede surface water flows, and shall be non-
invasive, except the permitted invasive species listed in Condition No. 78
151) Prior to final grading inspection by Building and Safety, all manufactured slopes shall be contour-
graded to achieve as natural an appearance as is feasible.
152) Any water features (lakes, ponds, fountains, and etc.) associated with the 9-hole golf course,
excluding the bioswales used in the water quality treatment train, shall be lined to prevent
percolation of water into the soil. Designs for all water features shall be included on the grading
plans submitted for review by the City's Building Official and Geotechnical Engineer.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
153) The City's Building Official, Geotechnical Engineer and Biologist shall determine in their review of
the grading plans whether water features associated with the water quality treatment train, such
as the bioswales or catch basins, shall be lined to prevent water percolation into the soil, and
potential impacts to nearby sensitive habitat areas.
154) The proposed swimming pool and spa for the Lower Pool Facility shall be double lined and shall
contain a leak detection system, subject to review and approval by the City's Building Official.
155) Should the project require removal of earth, rock or other material from the site, the applicant
shall first obtain City approval in the form of a revised Conditional Use Permit and Grading Permit
application. Said review shall evaluate potential impacts to the surrounding environment
associated with export or import. If the revised grading impacts are found to be greater that
identified in the Certified EIR that cannot be mitigated to an insignificant level, a Supplemental
EIR shall.be prepared and reviewed by the City, at the expense of the applicant. Furthermore,
the applicant shall prepare and submit a hauling plan to the Public Works Department for review
and approval prior to issuance of grading permits.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 34 of 40
156) The use of a rock crusher on-site shall be conducted in accordance with the project's mitigation
measures and shall be contained to the area analyzed in the project's Environmental Impact
Report.
157) During the operation of the rock crusher, a qualified biologist shall monitor noise levels generated
by the activity for potential impacts to nearby wildlife. Said specialist shall be hired by the City at
the cost of the applicant, in the form of a trust deposit account provided by the applicant.
158) Retaining walls shall be limited in height as identified on the grading plans that are reviewed and
approved by the City. Any retaining walls exceeding the permitted heights shall require the
processing of a revised grading permit for review and approval by the Director of Planning,
Building and Code Enforcement.
Drainage
159) The irrigation system and area drains proposed shall be reviewed and approved by the City's
Geotechnical Engineer and Director of Public Works.
160) A report shall be prepared demonstrating that the grading, in conjunction with the drainage
improvements, including applicable swales, channels, street flows, catch basins, will protect all
building pads from design storms, as approved by the Director of Public Works.
161) All drainage swales and any other at-grade drainage facilities, including gunite, shall be of an
earth tone color, as deemed necessary by the Director of Building Planning and Code
Enforcement.
162) Prior to issuance of any building or grading permits, the applicant shall submit a Local Grading
and Drainage Plan identifying how drainage will be directed away from the bluff top, natural
drainage courses and open channels to prevent erosion and to protect sensitive plant habitat on
the bluff face. Said Plan shall be reviewed by the Director of Public Works and the Director of
Planning, Building and Code Enforcement. Said review shall also analyze whether potential
impacts to the bluff top or bluff face may be caused by the proposed drainage concept.
163) Drainage plans and necessary supporting documents that comply with the following requirements
shall be submitted for review and approval by the Director of Public Works prior to the issuance of
grading permits: A) drainage facilities that protect against design storms shall be provided to the
satisfaction of the Director of Public Works and any drainage easements for piping required by
the Director of Public Works shall be dedicated to the City on the Final Map; B) sheet overflow
and ponding shall be eliminated or the floors of buildings with no openings in the foundation walls
shall be elevated to at least twelve inches above the finished pad grade; C) drainage facilities
shall be provided so as to protect the property from high velocity scouring action; and D)
contributory drainage from adjoining properties shall be addressed so as to prevent damage to
the project site and any improvements to be located thereon.
164) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall upgrade the drainage facility that currently is
located on the Fisherman's access property and construct a pipe that will convey this water to the
proposed drainage system terminating at Outlet No. 2 to the satisfaction of the Director of Public
Works.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 35 of 40
165) Prior to the issuance of any grading or building permit, the applicant shall prepare and submit a
Master Drainage Plan for review and approval by the Director of Public Works. The Plan shall
demonstrate adequate storm protection from the design storm, under existing conditions, as well
as after the construction of future drainage improvements by the City along Palos Verdes Drive
South immediately abutting the project site.
166) Prior to the issuance of any grading permit, the applicant shall demonstrate to the satisfaction of
the Director of Public Works that the design storm can be conveyed through the site without
conveying the water in a pipe and without severely damaging the integrity of the Urban
Stormwater Mitigation Plan (USMP), especially the bioswale system. If such integrity cannot be
demonstrated, the applicant shall redesign the USMP to the satisfaction of the Director of Public
Works, which may require offsite flows to be diverted into a piped system and carried though the
site. If the piped system is used, the applicant shall dedicate a drainage easement to the City to
the satisfaction of the Director of Public Works.
167) Prior to the issuance of a grading permit that proposes to convey off-site drainage through the
subject property, the applicant shall execute an agreement with the City that is satisfactory to the
City Attorney that defending, indemnifying and holding the City, members of its City Council,
boards, committees, commissions, officers, employees, servants, attorneys, volunteers, and
agents serving as independent contractors in the role of city or agency officials, (collectively,
"Indemnitees") harmless from any damage that may occur to the subject property or any
improvements, persons or personal property located thereon due to the conveyance of offsite
design storm flows through the site.
NPDES
168) Prior to acceptance of the storm drain system, all catch basins and public access points that
cross or abut an open channel, shall be marked with a water quality message in accordance with
City Standards.
169) Prior to the issuance of any grading or building permits, the applicant shall furnish to the Director
of Public Works, for review and approval, the project's Water Quality Management Plan and
Maintenance Agreement outlining the post-construction Best Management Practices(BMPs).
170) Prior to issuance of any building or grading permits, the applicant shall submit for review and
approval by the Director of Public Works a Storm Water Pollution Prevention Plan (SWPPP)
describing the construction phase Best Management Practices (BMPs)to ensure compliance with
the NPDES General Permit for Storm Water Discharges associated with construction activity
(Grading Permit), No. CA s000002.
171) Prior to issuance of any building or grading permit, the applicant shall submit to the Director of
Public Works a Water Quality Management Plan ("Plan"), for review and approval by the City
Council at a duly noticed public hearing. The Water Quality Management Plan, which shall
remain in effect for the life of the project, shall identify the Best Management Practices (BMPs)
used to minimize and reduce project storm water and runoff pollutants. The Plan shall include
project water quality parameters that meet the objectives of the California Ocean Plan for non-
point discharges in receiving water bodies. Additionally, all storm water treatment systems shall
be designed in accordance with the Los Angeles County Department of Public Works"Manual for
the Standard Urban Stormwater Mitigation Plan(SUSMP)". The specific BMP design criteria in the
SUSMP (May 2002), as developed by the U.S. EPA and American Society of Civil Engineers,
shall be followed.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 36 of 40
The Plan shall contain the operation, maintenance and monitoring procedures, including Fire and
Argentine ant management. The Plan shall indicate potential impacts of the storm water
treatment train to surrounding plants and wildlife. The monitoring of the treatment train shall
include the bioswales and catch basins for the accumulation of pollutants through sampling and
testing of both soil material and vegetation. The Plan shall indicate the frequency of the required
monitoring and the frequency of the removal and replacement of plant material and soil from the
bioswale. Said report shall be reviewed and approved by the City's Biologist and/or Chemists.
Said monitoring shall be required for the life of the project.
All costs associated with the review, installation and maintenance of the Plan and project related
BMPs shall be the responsibility of the applicant. If the plan requires construction of
improvements, such plans shall be reviewed and approved by the Director of Public Works.
172) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to January
4, 2010, whichever occurs first, the Water Quality Management Plan Maintenance Agreement,
outlining the post-construction Best Management Practices, shall be recorded with the Los
Angeles County Recorders Office.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
173) Prior to issuance of any building or grading permits, the applicant shall file any required
documents, including the Notice of Intent, and obtain all required permits from the California
Regional Water Quality Control Board.
174) Prior to issuance of any building or grading permits, the applicant shall submit for review and
approval by the Director of Public Works an Erosion Control Plan. Said Plan shall be designed in
conformance with the City standards and the requirements of the Regional Water Quality Control
Board.
175) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall implement the project in full compliance with
the standard urban storm water mitigation plan adopted by the Regional Water Quality Control
Board.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
176) Prior to the City Council's review of the Water Quality Management Plan, the City's Geotechnical
Engineer shall review and approve the Plan. In the event the City's Geotechnical Engineer
determines that additional improvements need to be constructed, the applicant shall revise the
Plan accordingly.
Sewers
177) Prior to issuance of any building or grading permits, the applicant shall prepare sewer plans in
accordance with the Countywide Sewer Maintenance District. The applicant shall be responsible
for the transfer of sewer facilities to the Countywide Sewer Maintenance District for maintenance.
178) A sewer improvement plan shall be prepared as required by the Director of Public Works and the
County of Los Angeles.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 37 of 40
179) Prior to issuance of building or grading permits, the applicant shall submit to the Director of Public
Works, a written statement from the County Sanitation District accepting any new facility design
and/or any system upgrades with regard to existing trunk line sewers. Said approval shall state
all conditions of approval, if any.
180) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall dedicate sewer easements to the City, subject
to review and approval by the Director of Building, Planning and Code Enforcement and the
Director of Public Works with respect to the final locations and requirements of the sewer
improvements.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
181) Sewer Improvement plans shall be approved by the County of Los Angeles, the County
Sanitation Districts, and the Director of Public Works.
182) A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles County
prior to the issuance of a permit to connect to the sewer line.
Water
183) Prior to the construction of any water facilities, the Director of Public Works shall review and
approve the water improvement plan. Any water facilities that cannot be constructed below
ground shall be located on the subject property and screened from view from any public rights-of-
way, to the satisfaction of the Director of Public Works and the Director of Planning, Building and
Code Enforcement. In addition, an easement to California Water Service shall be dedicated prior
to issuance of any grading or building permits.
184) The project site 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 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 County Fire Department is required prior to
issuance of building permits.
185) 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 said structures.
186) The applicant shall file with the Director of Public Works an unqualified "will serve"statement from
the purveyor serving the project site indicating that water service can be provided to meet the
demands of the proposed development. Said statement shall be dated no more than six months
prior to the issuance of the building permits for the main hotel structure. Should the applicant
receive a qualified "will serve" statement from the purveyor, the City shall retain the right to
require the applicant 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.
187) Prior to the issuance of building or grading permits, the applicant shall file with the Director of
Public Works, 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 project.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 38 of 40
TENTATIVE PARCEL MAP NO. 26073
188) The proposed parcel map shall result in the creation of four (4) parcels (resort hotel parcel, west
casita parcel, east casita parcel, and villa parcel). The 2.2 acre Bluff Top park and Fishing
Access Expansion Parking Lot shall be separately deeded to the City prior to recordation of the
Final Map.
189) The applicant shall record a restrictive covenant or other document that is satisfactory to the City
Attorney that requires all of the various parcels that are within the boundaries of the parcel map to
be fully managed by the resort hotel operator.
190) The applicant shall supply the City with one mylar and ten copies of the map no later than thirty
(30)days after the final map has been filed with the Los Angeles County Recorders Office.
191) All improvement plans shall be as-built upon completion of the project. Once the as-built
drawings are approved, the applicant shall provide the City with a duplicate mylar of the plans.
192) The improvement plans shall be prepared by a Registered Civil Engineer, and shall be prepared
on standard city size sheets. Plans shall be in substantial conformance with the approved
tentative map and site plan as approved by the City Council and stamped by the Planning
Department with the effective date of this approval.
193) This approval expires twenty-four(24) months from the date of approval of the parcel map by the
City Council, unless extended per Section 66452.6 of the California Government Code and
Section 16.16.040 of the RPVMC. Any request for extension shall be submitted to the Planning
Department in writing at least sixty(60) days prior to the expiration of the tentative map.
194) This development shall comply with all requirements of the various municipal utilities and
agencies that provide public services to the property.
195) According to Section 16.20.130 of the RPVMC and the Subdivision Map Act (California
Government Code Section 66410 et seq.), at the time of making the survey for the final parcel
map, the engineer or surveyor shall set sufficient durable monuments to conform with the
standards of the Subdivision Map Act. Prior to recording the final map, the exterior boundary of
land being subdivided shall be adequately monumented with no less than a two (2) inch iron pipe,
at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary corner.
The parcel lot corners shall be monumented with no less than one-half inch iron pipe for the
interior monuments. Spikes and washers may be set in asphalt pavement and lead and tacks
may be set in concrete pavement or improvements in lieu of pipes. All monuments shall be
permanently marked or tagged with the registration or license number of the engineer or surveyor
under whose supervision the survey was made.
196) The applicant shall be responsible for repair to any public streets which may be damaged during
development of the subject parcels.
197) Easements shall not be granted within easements dedicated or offered for dedication to the City
until after the final map is filed and recorded with the County Recorder. No easements shall be
accepted after recording of the final map that in any way conflict with a prior easement dedicated
to the City, or any public utility; provided, however, that the Irrevocable Offer to Dedicate
Easements For Public Access And Passive Recreation Purposes dated May 9, 2007 and
recorded on May 10, 2007 as instrument number 20071135403 may be amended to revise the
description of the Resort Entry Bike Trail and the associated exhibits as required by Revision "R"
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 39 of 40
to the Conditions of Approval. All existing easements shall remain in full force and effect unless
expressly released by the holder of the easement or if amended as provided in the preceding
sentence.
(REVISED PER RESOLUTION NO.2016-07 ON FEBRUARY 16, 2016)
198) Any easement that lies within or crosses public rights-of-way propose to be deeded or dedicated
to the City, shall be subordinated to the City prior to acceptance of the rights-of-way, unless
otherwise exempted by the Director of Public Works.
Prior to Submittal of the Final Map
199) Prior to submitting the final map to the City Engineer for examination, the applicant shall obtain
clearance 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.
Prior to Approval of the Final Map
200) Prior to approval of the final map, any off-site improvements, such as rights-of-way and
easements, shall be dedicated to the City.
201) Prior to approval of the final map, all existing public or private easements, including utility
easements, shall be shown on the final parcel map.
202) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the parkland dedication requirement shall be fulfilled by the
applicant in the form of either dedication of land for park purposes or the payment of in-lieu fees,
or a combination thereof, as determined by the City Council pursuant to the RPVMC.
(REVISED PER RESOLUTION NO.2008-112 ON NOVEMBER 18, 2008)
203) Prior to issuance of a final Certificate of Occupancy for the main hotel building or prior to August
1, 2009, whichever occurs first, the applicant shall pay the affordable housing fee required in
accordance with the RPVMC.
(REVISED PER RESOLUTION NO. 2008-11 ON NOVEMBER 18, 2008)
204) The final map is subject to review and approval by the City Engineer. The applicant shall
establish a trust deposit with the City to cover any costs incurred by the City in conducting this
review.
205) The proposed parcel map shall adhere to all the applicable dedications and improvements
required per Chapter 16.20 of the RPVMC.
01203.0005/285208.1 Resolution No.2016-07
Exhibit B
Page 40 of 40