CC SR 20160216 01 - Terranea Resort Revision RCITY OF Lkht, RANCHO PALOS VFRDES
PUBLIC HEARING
Date: February 16, 2016
Subject: Consideration and Possible Action to Approve Revision `R' to
Conditional Use Permit No. 215, et al., for the Terranea Resort and
Spa (Case No. ZON2015-00531)
Subject Property: 100 Terranea Way
1. Report of Notice Given: City Clerk Morreale
2. Declare the Hearing Open: Mayor Dyda
3. Staff Report & Recommendation: Deputy Community Development
Director Mihranian
4. Public Testimony:
Appellant: N/A
Applicant: Terranea Resort (Destination
Development)
5. Council Questions:
6. Rebuttal:
7. Council Deliberation:
8. Declare Hearing Closed: Mayor Dyda
9. Council Action:
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RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 02/16/2016
AGENDA HEADING: Public Hearing
Consideration and possible action to approve Revision `R' to Conditional Use Permit
No. 215. et al., for the Terranea Resort and Spa (Case No. ZON2015-00531)
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2016-_, thereby approving Revision `R' to Conditional Use
Permit No. 215, et al. by amending the Council -adopted Conditions of Approval
to:
a) 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,
b) 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.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
rI
ORIGINATED BY: Ara Mihranian, Deputy Community Development Director`
REVIEWED BY: Terry Rodrigue, Interim Community Development Director
APPROVED BY: Doug Willmore, City Manager'
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2016-_ (page A-1)
o Exhibit "A" - Addendum No. 18 (page A-6)
o Exhibit "B" - Conditions of Approval (shown in redline format) (page A-10)
B. List of Findings of Fact (page B-1)
C. Terranea Letters (page C-1)
D. Reduced Project Plans (page D-1)
E. Public Comments (page E-1)
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EXECUTIVE SUMMARY:
The Terranea Resort and Spa (Terranea) proposes to amend its Conditional Use Permit
(Revision `R') 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. Staff supports the applicant's request
and recommends amending Council -adopted Condition of Approval Nos. 18, 41(a),
41(d), 49, 72, 130, and 197 (see attached redline Conditions of Approval in Attachment
A).
BACKGROUND AND DISCUSSION:
On November 16, 2015, Terranea submitted Planning Case No. ZON2015-00531
requesting to amend its Conditional Use Permit (CUP) and Grading Permit to restripe
the entry driveway in order to accommodate two inbound lanes and one outbound lane
and to replace the turf at the Meadow Lawn area with permeable pavers. After
submitting additional information, the project application was deemed complete for
processing on January 25, 2016.
The applicant's request requires the processing of a revision to the Conditional Use
Permit and Grading Permit approved by the City Council because certain Conditions of
Approval will need to be amended to reflect the applicant's request. The following is a
discussion of Terranea's request, followed by Staff's analysis as it relates to the
required Conditional Use Permit and Grading Permits, and Findings of Fact that need to
be made in order to approve the request (Attachment B).
Restriping of the Entry Driveway
The entry driveway is currently improved with a single, 6 -foot wide dedicated bicycle
lane along the inbound and outbound lanes. In order to improve the vehicular ingress to
the resort hotel, the applicant proposes to restripe the entry driveway to create two
inbound lanes and one outbound lane. To maintain bicycle access, the applicant
proposes to create a "sharrow" lane (shared vehicular and bicycle lane) in both
directions of the entry driveway. The "sharrow" lane will vary between 10- and 13 -feet in
width along the entry driveway. 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
Works Department has conceptually approved the revised entry driveway.
Staff supports the applicant's request and is of the opinion that the Conditional Use
Permit Findings of Fact (Attachment B) for the proposed restriping of the entry driveway
can be made. Therefore, Staff recommends amending Council -approved Condition of
Approval No. 72 (Attachment A) to clarify that the "Pedestrian/Bicycle" lane requirement
is located along the resort side of Palos Verdes Drive South, and that the entryway
driveway will be improved with a "sharrow lane (shared vehicle and bicycle lane)" along
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the inbound and outbound lanes. Additionally, the applicant's legal counsel
recommends, and Staff supports, that Condition of Approval No. 197 be amended to
clarify that the 2007 -recorded irrevocable offer to dedicate easements for public access
and passive recreation purposes may be amended to revise the description of the resort
entry driveway to reflect the "sharrow lane."
Meadow Lawn
Terranea was originally improved with outdoor areas to accommodate functions such as
weddings and various types of receptions. One of these areas is the Meadow Lawn,
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. Because of
this, Terranea believes the Meadow Lawn provides a distinct advantage over their
competitors in the Southern California market.
Over the past few years, the Meadow Lawn has become increasingly popular for
functions because of its views. More often than not, a tent is erected for events and
removed the next day. Thus, in order to accommodate the demand and to improve the
existing operation, Terranea requests permission 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 fill material). Staff supports the applicant's request and is of
the opinion that the Conditional Use Permit and Grading Permit Findings of Fact can be
met because the use of the Meadow Lawn for outdoor events was originally approved
by the City Council in 2002, and has been in use since the resort opened in 2009.
Furthermore, the proposed earth movement is well within the maximum grading limits
studied as part of the project's certified Environmental Impact Report (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. Staff is also of the
opinion that the proposed grading is not excessive for the improvements of a resort, and
will not result in visual impacts from any of the public trails, roadways, or neighboring
properties.
The proposed improvements to the Meadow Lawn have raised a concern regarding
potential impacts to the current on-site parking condition. According to the applicant,
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
by multiple events being held simultaneously that would adversely impact on-site
parking. To demonstrate that no overlap of functions will occur, Terranea is offering to
share its confirmed ballroom booking reports with the City (and the Coastal
Commission), provided that such document remains confidential for the protection of
Terranea's clients. Thus, Staff is of the opinion that the Meadow Lawn will not result in
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adverse parking impacts, and to ensure this, Staff recommends amending Council -
approved Condition of Approval Nos. 41(a), 41(d), 49(s), and 130 (Attachment A) to
allow said improvements (grading and pavers) to the Meadow Lawn, and to require that
Terranea share its confirmed booking reports upon the City's request. Finally, Staff
recommends Amending Condition No. 18 to clarify that the improvements approved this
evening are valid for one (1) year, unless extended by the City Council before February
16, 2017.
Environmental Assessment
In accordance with the provisions of the California Environmental Quality Act (CEQA),
Staff has determined that the proposed revision to the City Council -approved Conditions
of Approval will require an addendum to the Environmental Impact Report (EIR)
prepared and approved by the City Council under Resolution No. 2002-70, which allows
the construction of a 400 -room resort hotel with a golf academy/practice facility on the
102 -acre Long Point parcel. At the time the City Council adopted the EIR and
Statement of Overriding considerations, it found that the project's impacts, with the
exception of the impacts to Noise and Air Quality, for which the Statement of Overriding
considerations was adopted, were not significant or that potential impacts could be
mitigated to a less -than -significant impact, as noted in the Mitigation Monitoring
Program.
Based upon the foregoing discussion, Staff believes that the proposed improvements
and revisions to the project conditions do not modify the scope of the project, nor the
related uses and amenities approved by the City Council. Staff is of the opinion that the
proposed improvements and revisions will not result in new significant environmental
impacts, specifically including impacts relating to safety and views. As a result, no
further environmental review will be necessary other than the adoption of Addendum
No. 18 to Environmental Assessment No. 725 (Attachment A).
ADDITIONAL INFORMATION
Redline Amendments to the Conditions of ADDroval
Pursuant to the discussion above, the proposed amendments to the Conditions of
Approval are attached in a redline format to the Resolution approving Revision `R' to
Conditional Use Permit No. 215, et al., as well as the corresponding EIR addendum.
The final adopted Resolution will not show the amended conditions in a redline format.
��
California Coastal Commission
If the City Council approves the applicant's request to amend the Conditional Use
Permit as discussed herein, since a Coastal Development Permit (CDP) was issued by
the Coastal Commission (on appeal in 2003), the applicant will be required to obtain
approval from the Coastal Commission before commencing construction. At this time,
the applicant has been working closely with Coastal Staff to determine whether the
request can be processed as an immaterial amendment rather than a public hearing
item.
Public Notice
On January 28, 2016, a public notice was published in the Palos Verdes Peninsula
News and an e-mail message was sent to the subscribers of the Terranea Resort
listserv, announcing tonight's City Council meeting and inviting public comments.
Additionally, a public notice was mailed to property owners within a 500 -foot radius of
the project site.
Public Comments
In response to the Public Notice the City received two comment letters (Attachment E)
one letter supporting the proposal and one letter expressing a bicycle safety concern
with the proposed sharrow lane. Staff is of the opinion that sharrow lane does not
introduce a safety concern because the entry driveway maintains a speed limit of less
than 17mph. In the event Staff receives additional comment letters after the transmittal
of this Report, Staff will provide the Council with such letters as late correspondence.
CONCLUSION:
Staff recommends that the City Council adopt the attached draft resolution approving
Revision `R' to Conditional Use Permit No. 215, et al., regarding alterations to the entry
driveway and Meadow Lawn at Terranea.
ALTERNATIVES
In addition to Staff's recommendation, the following alternates are available for the City
Council's consideration:
Identify issues or concerns with the proposed project, and direct the applicant to
modify the proposal for consideration at the March 1, 2016, City Council meeting;
or,
2. Deny the requested modifications without prejudice, and direct Staff to prepare
an appropriate resolution for adoption at the March 1, 2016, City Council
meeting.
on
RESOLUTION NO. 2016 -XX
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
01203.0005/285210.1
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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:
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.
01203.0005/285210.1 Resolution No. 2016 -XX
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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 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
01203.0005/285210.1 Resolution No. 2016 -XX
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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.
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 161h day of February 2016.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
01203.0005/285210.1 Resolution No. 2016 -XX
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I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the above Resolution No. 2016 -XX 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 -XX
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RESOLUTION NO. 2016 -XX
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 -XX
Exhibit A
Page 1 of 4
A-6
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 -XX
Exhibit A
Page 2 of 4
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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 -XX
Exhibit A
Page 3 of 4
A-8
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 -XX
Exhibit A
Page 4 of 4
A-9
RESOLUTION NO. 2016 -XX - 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
01203.0005/285208.1
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"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 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
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 2 of 57
A-11
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
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)
01203.0005/285208.1
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(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)
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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.
(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 restripinq 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
dulv noticed Dublic hearina Drior to February 15. 2017.
REVISED PER RESOLUTION NO. 2016 -XX 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.
01203.0005/285208.1 Resolution No. 2016 -XX
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Page 5 of 57
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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 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)
01203.0005/285208.1
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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:OOAM to 5:OOPM 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)
01203.0005/285208.1
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Exhibit B
Page 7 of 57
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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)
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)
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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 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.
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 9 of 57
•
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.
01203.0005/285208.1
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Exhibit B
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(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 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
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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)
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
01203.0005/285208.1 Resolution No. 2016 -XX
Exhibit B
Page 12 of 57
A-21
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 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.
01203.0005/285208.1 Resolution No. 2016 -XX
Exhibit B
Page 13 of 57
A-22
(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)
01203.0005/285208.1
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Exhibit B
Page 14 of 57
A-23
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 -XX ON FEBRUARY 16, 2016)
(REVISED PER RESOLUTION NO. 2014-69 ON OCTOBER 21, 2014)
b) The Resort Hotel may conduct outdoor events, in compliance with the
following standards:
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.
01203.0005/285208.1
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Exhibit B
Page 15 of 57
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d) The Meadow Lawn shall be solely used at any given time by one in-house
groups which desires to hold a functions 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 -XX 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)
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
01203.0005/285208.1
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Exhibit B
Page 16 of 57
A-25
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.
01203.0005/285208.1
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Exhibit B
Page 17 of 57
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(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.
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. 490)
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
1) 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.
01203.0005/285208.1 Resolution No. 2016 -XX
Exhibit B
Page 18 of 57
A-27
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.
Meadow Lawn — 20,000 square feet of permeable sand set pavers with
anchors to install temporary tents.
(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.
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 (1045) of the hotel guest room
wing at the far northeast corner to the highest roof ridgeline (142.50') shall
01203.0005/285208.1 Resolution No. 2016 -XX
Exhibit B
Page 19 of 57
•
not exceed 38'; Level 4 (1045) 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 675; 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 375; 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:
BUILDING
NUMBER
LOWEST ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE
MAXIMUM HEIGHT
10
179.10'
195.60'
16'
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'
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 20 of 57
A-29
BUILDING
NUMBER
LOWEST ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE
MAXIMUM HEIGHT
17
152.30'
178.22'
25.92'
18
156.60'
182.52'
25.92'
19
161.50'
187.42'
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 LOWEST building:
BUILDING
NUMBER
ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE
MAXIMUM HEIGHT
Western Casitas
MAXIMUMMAXIMUM
MAXIMUM HEIGHT
20
130.40'
156.35'
26'
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:
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 21 of 57
A-30
LOWEST
BUILDING
MAXIMUMMAXIMUM
MAXIMUM HEIGHT
NUMBER
ROOF RIDGELINE
FINISHED GRADE
40
69.50'
95.50'
26'
41
66.50'
92.50'
26'
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 21 of 57
A-30
42
55.50'
81.50'
26'
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 Facilitv —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
MAXIMUM HEIGHT
FINISHED GRADE
ROOF RIDGELINE
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
01203.0005/285208.1 Resolution No. 2016 -XX
Exhibit B
Page 22 of 57
A-31
FINISHED GRADE
ROOF RIDGELINE
HEIGHT
57.73'
73.73'
16'
(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:
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Parkina 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
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Exhibit B
Page 23 of 57
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LOWEST ADJACENT
MAXIMUM
BUILDING
MAXIMUM HEIGHT
FINISHED GRADE
ROOF RIDGELINE
Spa Facility
48.50'
80.50'
32'
Fitness Facility
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)
Parkina 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
01203.0005/285208.1
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Exhibit B
Page 23 of 57
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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.
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
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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)
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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 Cafe 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
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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)
(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
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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 Cafe 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:
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.
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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 -XX 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.
Landscaping/Vegetation
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
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•
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 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 EI
Segundo Blue Butterfly and the Bluff Habitat shall consist of suitable, locally
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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)
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
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FWAIMIA
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)
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84) This condition was deleted.
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
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)
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 Eauioment
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
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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.
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
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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 above condition, and shall minimize a
view impairment of the coastline as determined by the Director of Planning,
Building and Code Enforcement.
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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
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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 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.
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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 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
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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'/2' 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)
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(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.
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
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FWAIMIA •
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.
(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.
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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
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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 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
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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 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.
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(REVISED PER RESOLUTION NO. 2016 -XX 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,
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shall be posted to cover the costs of 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.
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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.
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.
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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.
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.
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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
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•
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)
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.
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 50 of 57
A-59
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.
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.
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 51 of 57
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.
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 52 of 57
A-61
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.
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.
1A/Atar
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
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 53 of 57
A-62
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.
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.
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 54 of 57
A-63
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 Mav 9,
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 55 of 57
U Z
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 bV Revision "R" 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 -XX 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.
01203.0005/285208.1
Resolution No. 2016 -XX
Exhibit B
Page 56 of 57
A-65
(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 -XX
Exhibit B
Page 57 of 57
LIST OF FINDINGS OF FACTS
Terranea's proposed site improvements require a revision to the 2002 Council -approved
Conditional Use Permit. In considering the request, pursuant to Section 17.60.050 of the
RPVMC, the City Council may grant a Conditional Use Permit (including a CUP Revision),
only if it finds:
1. That the site is adequate in size and shape to accommodate the proposed use and for all
of the yards, setbacks, walls, fences, landscaping and other features required by this title
or by conditions imposed under this section to integrate said use with those on adjacent
land and within the neighborhood;
2. That the site for the proposed use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the subject use;
3. That, in approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof;
4. That the proposed use is not contrary to the general plan;
5. That, if the site of the proposed use is within any of the overlay control districts established
by Chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with
all applicable requirements of that chapter; and,
6. That conditions regarding any of the requirements listed in this paragraph, which the
planning commission finds to be necessary to protect the health, safety and general
welfare, have been imposed:
The proposed improvements to the Meadow Lawn including the 2,000 cubic yards of
earth movement consisting of 950 cubic yards of cut and 1,000 cubic yards of fill (plus 50
cubic yards of import of building material). Pursuant to Section 17.76.040 of the RPVMC,
the following Findings of Fact must be met for a Major Grading Permit:
1. The grading does not exceed that which is necessary for the permitted primary use of the
lot, as defined in Chapter 17.96 (Definitions) of this title;
2. The proposed grading and/or related construction does not significantly adversely affect
the visual relationships with, nor the views from the viewing area of neighboring properties.
In cases where grading is proposed for a new residence or an addition to an existing
residence, this finding shall be satisfied when the proposed grading results in a lower
finished grade under the building footprint such that the height of the proposed structure,
as measured pursuant to Section 17.02.040(8) of this title, is lower than a structure that
could have been built in the same location on the lot if measured from preconstruction
(existing) grade;
As
3. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural,
4. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or manufactured
slope into the natural topography;
5. For new single-family residences, the grading and/or related construction is compatible
with the immediate neighborhood character, as defined in Chapter 17.02 (Single-family
Residential Districts);
6. In new residential tracts, the grading includes provisions for the preservation and
introduction of plant materials so as to protect slopes from soil erosion and slippage and
minimize the visual effects of grading and construction on hillside areas;
7. The grading utilizes street designs and improvements which serve to minimize grading
alternatives and harmonize with the natural contours and character of the hillside;
8. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation;
9. The grading conforms to the following standards:
a. Grading on slopes equal to or exceeding thirty-five percent shall be allowed on
recorded and legally subdivided lots existing as of November 25, 1975 or if within
Eastview, existing as of January 5, 1983, which are not currently zoned open
space/hazard, if the director or planning commission finds that such grading, as
conditioned, will not threaten the public health, safety and welfare.
b. No finished slopes greater than thirty-five percent shall be created, except at the point
of vehicular access adjacent to driveways, as per subsection (E)(9)(f) of this section.
c. Except for the excavation of a basement or cellar, a fill or cut shall not exceed a depth
of five feet at any point except where the director or the planning commission
determines that unusual topography, soil conditions, previous grading or other
circumstances make such grading reasonable and necessary.
d. No fill or cut shall be permitted on a slope exceeding fifty percent gradient, unless the
grading is on a sixty-seven percent slope, allowed pursuant to subsection (E)(9)(0 of
this section.
e. Retaining Walls.
L Unless located within the required front or street side setback, one upslope
retaining wall not to exceed eight feet in height may be used. Retaining walls
located in the required front or streetside setback shall not exceed three and
one-half feet in height;
ll. One downslope retaining wall not to exceed three and one-half feet in height
may be used;
lll. On lots sloping with the street and other configurations not discussed above,
one retaining wall not to exceed three and one-half feet may be used on each
side of the lot,
IV. Retaining walls may be allowed up to five feet in height, adjacent to driveways,
only if required for access or slope stabilization. There shall be no more than
one upslope or one downslope retaining wall adjacent to driveways;
V. Retaining walls which are an integral part of a structure may exceed eight feet,
within the building footprint,
f. Driveways.
1. Driveways which exceed twenty percent slope shall not be permitted except
that one length, not at the point of access, of not more than ten linear feet may
have a slope of up to twenty-two percent,
ll. Slopes not greater than sixty-seven percent may be permitted adjacent to
driveways;
TERRANEX
L.A.'S OCEANFRONT RESORT
A DESTINATION LUXURY HOTEL'
November 16th, 2015
Ara Mihranian
Principal Planner
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Re: Terranea Resort — Entry Drive Re -Striping/ Enhancement
Dear Ara,
NOV 1 2d1�
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This letter is a request to amend the current Conditional Use Permit (CUP) setting forth the
Terranea Resort Conditions of Approval. Specifically, we are requesting the re -striping of
Terranea Way to allow for two south bound lanes and one northbound lane commencing at Palos
Verdes Drive South and ending at the brick paver courtyard of the Resort.
As previously discussed with staff from the City of RPV and with staff of the Coastal Commission,
the purpose of the proposed restriping of Terranea Way is to increase public access to the Resort
site. To provide such increased access, we request that we be permitted to modify the existing
entry drive and associated easements to provide a new bike lane delineation commonly referred
to as a "sharrow lane". "Sharrow" is short -form for "shared lane bicycle marking". This marking
includes a bicycle symbol and two white chevrons which remind motorists that bicyclists are
permitted to use the full lane. This restriping is consistent with our discussions with Staff and
would replace the existing bike lanes, thereby allowing for the additional southbound lane.
In the interest of increasing public access and the guest arrival experience, establishing two south
bound lanes would allow for one lane dedicated to staff and vendors only, with the inner lane
dedicated to guest arrival and parking. The north bound lane would retain the existing parking
along the side.
We also request the amendment of the recorded easements and associated Conditions of
Approval as referenced in the City of RPV Conditional Use Permit and Coastal Development
Permit.
C_
100 Terranea Way, Rancho Palos Verdes, CA 90275 Resort 310.265.2800 Fax 310.265.2700 Terronea.co
T E RRAN EX
L.A.'S OCEANFRONT RESORT
A DESTINATION LUXURY HOTEL•
California Coastal Commission Coastal Development Permit A5 -RPV -02- 324 Special
Condition #2 (A) 6 requires:
Resort Entry Bike Trail: Two 6 -foot wide Class 11 bike lanes extending from Palos Verdes Drive
South, running seaward along the eastern and western edges of the resort entry road shown on
Tentative Parcel Map No, 26073, dated May 24,2006, terminating at the hotel.
The easements that will require modification include:
• Easement dedicated for the City of Rancho Palos Verdes Parcel Map no. 26073, for
public access and passive recreation purposes and incidental purposes
• Deed Restriction, instrument no. 20071135402. This document references California
Coastal Permit Application No. A -5 -RPV -02-324-A6, No. 2 Public Access and
Recreation/Easement Offers; A. Public Trails; No 6 Resort Entry Bike Trail.
Should you have any questions or require any additional materials or explanation, please contact
me so that we may respond as needed.
Thank you.
Sincerely,
Philip Martiens
Terranea Resort
cc: Todd Majcher- Lowe Enterprises/Vice President
cc: Terri Haack — Terranea Resort/ President
315555101.2
100 Terranea Way, Rancho Palos Verdes, CA 90275 Resort 310.265.2800 Fax 310.265.2700 Terranea.com
IQ
TERRANEA°
L.A.'S OCEANFRONT RESORT
A DESTINATION LUXURY HOTEL'
January 13th, 2016
Ara Michael Mihranian, AICP
Deputy Director of Community Development
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Re: Terranea Resort — Meadows Lawn Water Mitigation/Pavers
Dear Ara:
This letter is a request to modify the existing approvals for Terranea Resort to replace
approximately 20,000 square feet of existing irrigated lawn located at Terranea's Meadows
Lawn with permeable sand set pavers.
The Meadows is used for outdoor functions as an alternative venue for groups staying multiple
days. Due to its desirable location and its uniqueness as an outdoor venue, it is treated as a
considerable offering which Terranea provides as a benefit during the peak season months. The
Meadows is regarded as a natural extension of meeting space to the outdoors whilst capturing
the natural landscape and unparalleled views. In addition, the area provides a distinctive
advantage over our competitors in the Southern California group market. This is in contrast to
the Ballroom space which has no views and is used as back-up to the same group.
The improvements that will take place consist of brick pavers and inset larger decorative stone
pavers consistent with existing pathways and hardscape areas. In order to soften the area, four
trees area proposed at the outside perimeter and welcome the entrance of the pathway to the
hotel. Lighting will mimic the current pathway lighting and will provide a safety element at
night. A formal lighting package will be added for review prior to permit issuance. It is our hope
to also install tent anchors during the improvements so a tent could be readily be installed and
dismantled swiftly.
We believe that this minor modification to the approvals will also provide significant benefits to
the City and to the Resort by reducing the Resort's water usage while also enhancing the use by
groups of the Resort.
100 erraneo Way, Rancho Palos Verdes, CA 90275 Resort 310.265.2800 Fax 310.265.2700 Terranea.com
T E RRAN EA"
L.A.'S OCEANFRONT RESORT
A DESTINATION LUXURY HOTEL'
While it is not intended to change the currently permitted activity or use approved by the City,
the modification is intended to reduce turf area which has become unsightly due to the current
mitigation efforts and thereby allow events to occur on the Meadows lawn area in all-weather
conditions.
Outdoor events are currently allowed per Condition 41(b) of the City of RPV - Terranea
Conditional Use Permit:
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: Fridays and Saturdays
8:00 am to midnight.
To alleviate any concerns the City may have regarding the impact of this request on parking
conditions at Terranea, we emphasize the sole purpose of the Meadows lawn use is to
complement usage of the interior banquet space, and lawn use is limited to a single in-house
group that has acquired a hotel banquet room. For instance when a large group holds a
meeting or event at the hotel's main ballroom, Terranea will occasionally use the Meadows
lawn to accommodate the group's meal service. Once the meal service is completed, the guests
return to the main Ballroom. This mitigates the impact that would otherwise result from the
time it takes to break down and set up again for food service and the time devoted for an
outside vendor to set-up and break -down temporary a tent structure and platform.
We are confident that the Meadows and interior Ballroom will only be used by one in-house
group at a time, thus providing alternative venues for that single group.
To support this statement, we are providing an exhibit which shows the confirmed bookings on
the Meadows for the years 2015 and 2016. In every case, the groups and events shown are
using the Ballroom and Meadows lawn concurrently.
100 Terranea Way, Rancho Palos Verdes, CA 90275 Resort 310.265.2800 Fox 310.265.2700 Terranea. com —4
IQ
TERRANEA
L.A.'S OCEANFRONT RESORT
A DESTINATION LUXURY HOTEL'
The only exception to this is up to four events hosted by the resort specifically for the
community in which the Ballroom would be blocked for no -sale to groups and events. These
dates would fluctuate and booked according to the Resort's lowest occupancy with employee
parking held off-site.
Community Focused Outdoor Events on the Meadows:
1. Shakespeare by the Sea
2. Music on the Meadows
3. Celebration of Food and Wine
4. Freedom for You
Additionally, in order to demonstrate and ensure that the Meadows usage is not simultaneous
with a separate group booking of interior banquet space, Terranea would share confirmed
banquet booking reports with the City of RPV and the California Coastal Commission upon their
request at any time. Terranea requests this review to be in person and confidentiality of
groups/ persons booked to remain intact.
We appreciate your assistance in processing this approval. Should you have any questions or
require any additional materials or explanation, please contact me so that we may respond as
needed.
Thank you.
Sincerely,
Philip Martiens
Director of Design & Capital Projects
Terranea Resort
cc: Todd Majcher- Lowe Enterprises/Vice President
315555004.2
Terri A. Haack
President
Terranea Resort
100 Terranea Way, Rancho Palos Verdes, CA 90275 Resort 310.265.2800 Fax 310.265.2700 Terronea.com C-5
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Ara Mihranian
From: Haack, Terri <thaack@destination hotels.com>
Sent: Sunday, January 31, 2016 1:07 PM
To: Robert Nelson <nelsongang@aol.com>; Ara Mihranian
Cc: Martins, Philip
Subject: RE: Terranea (CUP 215, et. al. Revision R) In Favor
Good morning and thank you Bob and Sandie!
The speed limit is currently 17 miles per hours, we continue to 'mix up' the speed limit between 12 miles per hour and
our max of 17 miles per hour, to keep our regular guests aware of the speed limit.
The majority of the time the speed limit is posted between 12-15 miles per hour.
Terri
From: Nelsongang [mailto:nelsongang@aol.com]
Sent: Saturday, January 30, 2016 4:45 PM
To: aram@rpvca.gov
Cc: Haack, Terri <THaack@destinationhotels.com>; Martiens, Philip<PMartiens@destinationhotels.com>
Subject: Terranea (CUP 215, et. al. Revision R) In Favor
Ara,
copy Terri Haack and Philip Martiens, Terranea Resort
1. Briefly, as a Terraneighbor whose balcony view goes across the subject entry/exit road to Terranea about 150 yards
away, Bob and I completely favor this request. The speed limit on property is 12 MPH so a sharrow lane should not be a
problem. We definitely do not want to modify any parking spaces on the outbound lane! Please don't think about it!
2. We also favor permitting the turf replacement at the Meadow Lawn area, not only for Terranea's reasoning but to
decrease use of water in these drought times. Maintaining a lawn when tents are often placed over it usually doesn't work
all that well and it is a very reasonable request.
Thank you for this opportunity, your many efforts on behalf of our valuable neighbor over the years and we hope our
Council will agree.
Any questions, don't hesitate to call us.
Sandie and Bob Nelson
310-544-4632
(Bob as a private citizen and not as a Planning Commission member.)
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Ara Mihranian
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Sent:
To:
Subject:
Dear Council Members,
Michael Sin <michael.w.b.sin@gmail.com>
Saturday, February 06, 2016 6:58 PM
Ara Mihranian
ZON2015-00531 / Terranea
I would like to voice my opposition to the proposed changes to the entry driveway at Terranea. The applicant
seeks to remove both the outbound and inbound bicycle lanes in exchange for adding shared lane markings
("sharrows") and an additional inbound automobile lane. There are a number of issues with this proposal that
need to be considered.
In an age where cities are moving to a Vision Zero future, ensuring safety for all road users is key. The
proposed changes would certainly be a downgrade in that respect, as numerous studies have shown that
dedicated bicycle infrastructure, such as the existing bike lanes, reduces the rate of collisions and fatalities. On
the other hand, a recent study published by the Transportation Research Board (TRB) finds that sharrows may
actually increase injury risks compared to having no infrastructure at all:
htt-o://www.citylab.com/cityfixer/2016/02/sharrow-safety-bike-infrastructure-lane-chicago/460095/
As a practical matter, I simply do not see the proposed design working. The driveway is at a slope for the
majority of its quarter -mile distance. Cyclists traveling on the outbound lane will be climbing uphill at a slow
pace. Motorists will likely be traveling much quicker. This speed differential creates frustration for both the
cyclist and the driver. I've witnessed many an unsafe maneuver from drivers trying to get around slow-moving
cyclists traveling on a sharrow.
Vehicles of vastly different speeds should travel on different lanes. Sharrows create confusion and frustration,
while also increasing the risks of collision. For those reasons I am opposed to this change, which is a
downgrade from what currently exists.
Thank you,
Michael Sin
28223 Covecrest Dr
Rancho Palos Verdes, CA 90275
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