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RPVCCA_CC_SR_2011_08_02_03_Marymount_CollegeCrTYOF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,AICP,COMMUNITY DEVELOPME~~.£ DIRECTOR \)X.J AUGUST 2,2011 MARYMOUNT COLLEGE -APPLICABILITY INTERPRETATION OF THE JUNE 1,2010 COUNCIL ADOPTED CONDITIONS OF APPROVAL 130800 PALOS VERDES DRIVE EAST CAROLYN LEHR,CITY MANAGER ~_,AI Ara Mihranian,AICP,Deputy Community Development Direct0J\ff' RECOMMENDATION 1)Affirm Staff's interpretation of the timing applicability of the June 1,2010 Council adopted Conditions of Approval for conditions that apply now,as they relate to operational activities of the College,versus later as they relate to construction related activities for the Facilities Expansion Project;and, 2)Affirm Staff's recommendation that the two outstanding operational conditions that apply now are brought into compliance by the College within 30-days from August 2, 2011. EXECUTIVE SUMMARY On June 1,2010,the City Council approved the Marymount College Facilities Expansion Project with 180 conditions of approval.To date,the College has not pursued building or grading permits for any component of the Facilities Expansion Project.As a result,Staff and the City Attorney's Office discussed whether the CUP that was approved by the City Council in June 2010,or the prior CUP that was approved in 1990 govern the current operation of the Marymount Campus.Because the College has implemented its four-year degree program,which was approved in connection with the Facilities Expansion Project, 3-1 MARYMOUNT COLLEGE -INTERPRETATION REVIEW OF CONDITIONS OF APPROVAL AUGUST 2,2011 PAGE 2 Staff and the City Attorney's Office concluded that the recently approved CUP governs the current operation of the Campus even if the College never pursues the expansion of its facilities.Following that determination,Staff then raised the question as to which of the conditions apply to the current operations of the College and which conditions apply after the expanded facilities are completed.. Pursuant to Section 17.78.050 of the RPVMC,Staff seeks the City Council's interpretation review of the 2010 Council-adopted Conditions of Approval for the College's Facilities Expansion Project for the sole purpose of clarifying what conditions apply "now"versus "later"after the College is renovated.Based on Staffs interpretation of the Council- adopted Conditions of Approval,as reflected in the attached Table,there are 18 operational related conditions that apply now, 136 construction related conditions that will apply later,and 26 conditions that apply both now and later.It should be noted that out of the conditions that apply now,there are 2 outstanding operational conditions (Condition Nos.138 and 158)that the College is in the process of satisfying.Staff recommends giving the College 30-days from tonight's meeting date to comply with these two conditions prior to deeming the College in violation with the Conditions of Approval,as stated in Condition NO.9. BACKGROUND On June 1,2010,the City Council adopted Resolution No.2010-42,approving with Conditions of Approval,the Marymount College Facilities Expansion Project.The Facilities Expansion Project allows the modernization of the campus facilities including the demolition and construction of new buildings,such as the gymnasium and library buildings, and site improvements consisting of increasing the parking lot to accommodate 463 parking spaces,relocating the athletic field and tennis courts,and constructing new pedestrian pathways and plazas.Additionally,the Council's approval includes allowing the four year program to be implemented and conditions regulating the operational aspects of the College,such as limiting the hours of operation and student enrollment to name a few. Since the Council's approval of the College's Facilities Expansion Project in June 2010, certain actions and programs required by the Conditions of Approval have not been completed raising questions by Staff as to whether certain conditions apply to the current operations of the College or only apply to the College after the expanded facilities are completed.Given this ambiguity,pursuant to Section 17.80.050 of the Rancho Palos Verdes Municipal Code (RPVMC),Staff seeks the Council's interpretation of the Conditions of Approval as to the issue of what conditions apply now as operational versus later after the College campus is renovated. DISCUSSION Interpretation Review of Conditions of Approval In June 2010,the City Council approved the Marymount College Facilities Expansion Project with 180 conditions of approval.At the time the project was approved,it was understood that construction of the Expansion Project would proceed soon after the Council's decision.However,to date,the College has not pursued building or grading 3-2 MARYMOUNT COLLEGE -INTERPRETATION REVIEW OF CONDITIONS OF APPROVAL AUGUST 2,2011 PAGE 3 permits for any component of the Facilities Expansion Project.Since the College has not moved forward with the approved expansion project plans,a question has been raised by Staff as to which of the conditions apply to the current operations of the College and which conditions apply after the expanded facilities are completed.Section 17.78.050 of the RPVMC establishes a process whereby the City Council can conduct an interpretation review of a permit decision to further define or enumerate the conditions of approval of an approved application.As such,Staff seeks the City Council's interpretation review of the 2010 Council-adopted Conditions of Approval for the College's Facilities Expansion Project (Conditional Use Permit NO.9 Revision "E",et.al)for the sole purpose of clarifying what conditions apply "now"versus "later"after the College is renovated. In order to facilitate the Council's interpretation review of the Conditions of Approval, attached is a Staff-prepared Table that groups each of the conditions into columns that identify whether the condition is applicable "now",as an operational related activity,or "later",as a construction related activity.Additionally,the attached Table identifies whether the College is in compliance with the operational conditions that apply now and identifies the "Compliance Trigger"for each of the conditions.The Table also includes a "Notes" column that cites,if needed,Staff's interpretation of the conditions to further clarify its meaning and intent.Staff recommends that the Council review the attached Table in its discussions at the August 2 nd meeting. In preparation of this interpretation review hearing,Staff met with representatives from the College,including their legal counsel,to review Staffs interpretation of the Conditions of Approval.In summary,the College is in support of Staff's interpretation as reflected in the attached Table.Forthose conditions identified in the attached Table that are "operational" and apply now,Staff requested that the College provide documentation supporting the College's compliance or intent to comply with these conditions.Attached for the Council's review are letters from the College relating to its compliance with the Conditions of Approval.Staff would like to point out that the following two "operational"conditions are partially satisfied by the College with the intent to be brought in compliance within the next few weeks,and therefore considered by Staff to be in substantial compliance. •Condition No.138 -Establishing the Neighborhood Advisory Committee •Condition No.158 -Submittal and review of the Parking Management Strategy Program Additionally,on July 26,2011,Staff met with members of CCC/ME to review their concerns with the conditions of approval specifically relating to the timing and enforcement of the Conditions of Approval.Based on this meeting,members of CCC/ME were in general agreement with Staff's interpretation of the Conditions of Approval but raised a concern with the following conditions: •Condition Nos.55 and 56/Building Materials - A question was raised regarding the meaning of the words "modified buildings"and the compliance trigger for these two conditions.It is Staff's opinion that the exterior of existing buildings that are "modified"in accordance with the project plans approved by the City Council would have to be finished in colors and materials deemed acceptable by the Community 3-3 MARYMOUNT COLLEGE -INTERPRETATION REVIEW OF CONDITIONS OF APPROVAL AUGUST 2,2011 PAGE 4 Development Director based on the approved Architectural Materials Board as described in Condition No.54.In Staff's view,minor exterior improvements that were not contemplated by the expansion project,such as the installation of roof mounted mechanical equipment to an existing building,would not trigger this condition. •Condition No.60 /Construction Phasing - A concern was raised regarding the timing periods stated in this condition.According to this condition,the entire Facilities Expansion Project approved by the City Council is to be completed by June 1!2018,which is 8 years from June 1,2010,the date the Council took its final action regarding the application by adopting the resolution approving the Facilities Expansion Project.Moreover,if components described in each phase are not completed within the permitted time frames,and extensions are not granted by the City as described in Condition No.60,those uncompleted items become null and void and cannot be completed as part of the following phase.For example,if grading for the athletic building permitted in Phase I is not completed in the time period specified in Condition No.60,construction of the athletic building can no longer occur.Extensions to the time limits established for each phase may be considered provided that construction activities do not exceed a total of 3 years and that project construction is completed within 8 years from June 1,2010.It should also be noted that pursuant to Condition No.60(d)all elements not completed within the time periods specified will require additional review and approval through a revision to the Conditional Use Permit and additional CEQA review. •Condition Nos.94 and 95/Utilities - A question was raised regarding the trigger for these two conditions.These two conditions are intended to apply to the installation of new utilities.Pursuant to Section 17.54 of the RPVMC,utilities are to be placed underground from an existing power pole for newdevelopment projects or additions exceeding 25%of the gross floor area.Moreover,Condition No.94 is triggered "prior to issuance of the final grading inspection'"and Condition No.95 is triggered when construction occurs in the public right-of-way. •Condition No.139/Programs and Student Enrollment -CCC/ME raised a concern with the operation of the Peninsula Bay Cities summer day camp at Marymount College being in violation of this condition.On July 8,2011,City Staff determined that the operation of the summer day camp was not in violation of the Council- adopted Conditions of Approval (see attachment).CCC/ME is of the opinion that the summer day camp operated by Peninsula Bay Cities is a commercial enterprise, which is prohibited by Condition No.139.Moreover,CCC/ME asserts that the City Council's approval of the project did not include the operation of a summer day camp.As stated in the attached July 8th letter,City Staff and the City Attorney's Office are of the opinion the summer day camp was requested by the College in 2005 and was processed and evaluated by the City in the analysis for the Conditional Use Permit and the certified Environmental Impact Report.Moreover, Condition No.139 was adopted to allow unaffiliated groups or organizations to use the campus facilities,provided that the number of participants or visitors is less than 100 participants at one time or would occupy less than 20%of the 463 required parking spaces.As such,in order to avoid any future issues pertaining to such3-4 MARYMOUNT COLLEGE -INTERPRETATION REVIEW OF CONDITIONS OF APPROVAL AUGUST 2,2011 PAGE 5 activities,Staff interprets this condition to allow groups or organizations,including the summer youth day camp as described in the applicant's project binder dated November 2005,to use the campus facilities without having to process an application for a Special Use Permit.The prohibition of sub-leasing the campus for commercial purposes is meant to apply to commercial activities that are completely unaffiliated with the operation of the College or are not permitted by Condition No. 139,such as the rental of a portion of the Campus or subleasing of all or a portion of the Campus for office use by a commercial enterprise. •Condition No.158 1 Parking Management Strategies - A concern was raised regarding the implementation of the Parking Management Strategy Program as an operational trigger.It is Staff's opinion that Condition No.158 is split into two categories.The first portion of the condition that describes the parking spaces to be constructed is required "later"as a construction related activity.However,the remaining portion of the condition relating to the implementation of a Parking Management Strategy Program to reduce street parking by students and visitors applies "now"as an operational condition.Moreover,this portion ofthe Condition is also a requirement for Mitigation Measure Nos.TR-5 and TR-6 for the operation of the four-year BA degree program,which is currently being offered at the College. Staff has discussed this issue with College representatives,and the College is in the process of providing the City with the information needed to comply with this condition. Based on the above and the information contained in the attached Table,Staff has addressed the issues raised by the College and CCCIME in its interpretation of the timing applicability of the Council adopted Conditions of Approval.The conditions discussed above are highlighted in yellow in the attached Table for the Council's reference. Compliance with the Conditions of Approval The City has recently received and begun processing the following two planning application requests filed by the College: •Site Plan Review (ZON2011-00083)for roof-mounted mechanical equipment •Special Use Permit (ZON2011-00165)for outdoor events with amplified sound during the 2011/2012 academic calendar. In regards to these applications,concerns were raised by members of public that there are some operational-related conditions that have not be met by the College and that the City cannot accept and process these planning applications if the College is not compliant with the Council-adopted Conditions of Approval.This is because Section 17.86.050 of the RPVMC states that the City shall not accept for processing or grant a permit if a violation exists on the property. As indicated in the attached Table and previously in this Report,Staff's interpretation of the Conditions of Approval has concluded that,from this point forward,there are two operational conditions that the College has not yet satisfied.These are Condition Nos.138 and 158.Notwithstanding a strict interpretation of the condition compliance requirement,3-5 MARYMOUNT COLLEGE -INTERPRETATION REVIEW OF CONDITIONS OF APPROVAL AUGUST 2,2011 PAGE 6 the College has submitted documentation to the City indicating its intent and commitment to comply with these two operational conditions within the coming weeks.Since the College is in the process of complying with these two conditions,Staff is of the opinion that suspending these two projects from moving forward is unwarranted,especially regarding the time-sensitive application for the annual Special Use Permit for outdoor events with amplified sound,which is required by the Council-adopted Conditions of Approval. Ifthe City Council interprets the Conditions of Approval as recommended by Staff,which is that some conditions apply now as part of the operational activities of the College and other conditions will apply later as part of the renovation of the College,in order to allow the College adequate time to bring the two operational conditions that apply now into compliance,Staff recommends that the Council give the College 30-days to comply with the outstanding conditions.This would allow the College to comply with the recommended interpretation of the conditions and would allow the City to proceed with processing the requested planning applications,including the application that will achieve compliance with another condition of approval that was imposed by the City Council. ADDITIONAL INFORMATION Construction Phasing and the Future Library Building It has come to Staffs attention by members of the public that the College is publicizing information pertaining to the construction of the new Library Building,which allegedly would contradict the Council Adopted Condition No.60 (Construction Phasing).Specifically, these members of the public state that the College is publicizing that construction of the new Library Building is scheduled to occur in the "summer of 2012"and "will be the first and most prominent step in proposed changes to the campus plan,"even though the Council adopted Conditions indicate that the Library Building will be constructed in Phase 2,which is approved to occur between years 2 and 5 from the June 2010 date that the Council took action and adopted the Conditions of Approval (see attachment). Furthermore,it has also been communicated to Staff that according to Condition No.60, the approval for Phase 1 is set to expire in approximately one year (September 30,2012). Staff would like to point out that Condition No.60 sets parameters for each of the three construction phases of the Facilities Expansion Project.These parameters,including timeframes,will remain and are to be adhered to by the College unless an extension or change is reviewed and approved by the City Council at a duly noticed public hearing,as described in Condition No.60. Public Notification of Tonight's Meeting The Interpretation Review of the Council adopted Conditions of Approval was originally scheduled for the July 19 th Council meeting.A list-serve message was originally sent on July 8,2011 announcing the July 19th City Council meeting.That message was followed by a list-serve message on July 13,2011 informing the public that the proposed Interpretation Review will not occur at the City Council's July 19th meeting but at the following August 2nd meeting instead. 3-6 MARYMOUNT COLLEGE -INTERPRETATION REVIEW OF CONDITIONS OF APPROVAL AUGUST 2,2011 PAGE 7 On July 28,2011,Staff updated the City's website under the Marymount College home page and issued a list-serve message to subscribers of the Marymount College Facilities Expansion project announcing the August 2nd Council meeting on the Interpretation Review of the Council-adopted Conditions of Approval and the availability of the Staff Report. ALTERNATIVES Pursuant to Section 17.78.050.B.2 of the RPVMC,the City Council could find that text amendments to the Conditional Use Permit are warranted to further clarify the intent of the June 1,2010 Conditions of Approval.In that case,a future public hearing would be scheduled to consider text revisions to the Conditions of Approval. ATTACHMENTS •Conditions of Approval Table •June 1,2010 Conditions of Approval (Resolution No.2010-42) •College Letters •July 8,2011 City Determination Regarding the Summer Day Camp •Library Building Publications (excerpts) •Public comments 3-7 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO M P L I A N C E CO N S T R U C T I O N CO N D I T I O N S (A P P L I E S L A T E R ) CO M P L I A N C E TR I G G E R NO T E S GE N E R A L C O N D I T I O N S Co n d i t i o n N o . 1 Ce r t i f i c a t e o f A c c e p t a n c e of C o n d i t i o n s o f A p p r o v a l 9 Ye s 9 90 d a y s f r o m ap p r o v a l Co m p l e t e d Co n d i t i o n N o . 2 Pa y m e n t o f t h e S t a t e re q u i r e d F i s h a n d G a m e fe e 9 Ye s 9 5 d a y s f r o m ap p r o v a l Co m p l e t e d Co n d i t i o n N o s . 3 a n d 4 Im p l e m e n t a t i o n a n d Co m p l i a n c e w i t h t h e ad o p t e d M i t i g a t i o n Me a s u r e s 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l On - g o i n g co m p l i a n c e , n o fu r t h e r a c t i o n Co n d i t i o n N o s . 5 a n d 6 Im p l e m e n t a t i o n a n d Co m p l i a n c e w i t h a d o p t e d Co n d i t i o n s o f A p p r o v a l 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l On - g o i n g co m p l i a n c e , N o fu r t h e r a c t i o n Co n d i t i o n N o . 7 Co n s t r u c t i o n s h a l l su b s t a n t i a l l y c o m p l y w i t h th e C o u n c i l a p p r o v e d pl a n s 9 Pr i o r t o s u b m i t t a l to B u i l d i n g a n d Sa f e t y Pr o j e c t co n s t r u c t i o n p l a n s ar e t o c o m p l y w i t h Ci t y C o u n c i l ap p r o v a l s Co n d i t i o n N o . 8 Mi n o r m o d i f i c a t i o n s t o pl a n s o r c o n d i t i o n s pe r m i t t e d b y t h e D i r e c t o r if i n s u b s t a n t i a l co m p l i a n c e t o C o u n c i l ap p r o v a l s 9 Ye s 9 Ci t y C o u n c i l ap p r o v a l No f u r t h e r a c t i o n at t h i s t i m e Co n d i t i o n N o . 9 Fa i l u r e t o c o m p l y w i t h Co n d i t i o n s o f A p p r o v a l re s u l t s i n r e v o c a t i o n o f CU P 9 Ye s 9 Fa i l u r e t o c o m p l y wi t h C i t y ap p r o v a l s Ap p l i c a b l e i f a vi o l a t i o n o c c u r s th a t i s n o t c u r e d i n a t i m e l y m a n n e r 3-8 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Co n d i t i o n N o . 1 0 Or g a n i z a t i o n a n d ap p l i c a b i l i t y o f C o n d i t i o n s of A p p r o v a l 9 Ye s 9 Ci t y C o u n c i l ap p r o v a l Co n d i t i o n N o . 1 1 Co n f l i c t s b e t w e e n Co n d i t i o n s o f A p p r o v a l an d M i t i g a t i o n M e a s u r e s st r i c t e r s h a l l a p p l y 9 Ye s 9 Mo r e r e s t r i c t i v e co n d i t i o n o r mi t i g a t i o n me a s u r e Co n d i t i o n N o . 1 2 Ap p l i c a b i l i t y o f B u i l d i n g Pe r m i t s 9 Pr i o r t o co n s t r u c t i o n Co n d i t i o n N o s . 1 3 - 1 4 Ap p l i c a b i l i t y o f En v i r o n m e n t a l E x c i s e T a x an d A f f o r d a b l e H o u s i n g re q u i r e m e n t 9 Pr i o r t o i s s u a n c e of b u i l d i n g p e r m i t s A pp l i c a b i l i t y w i l l b e de t e r m i n e d a t t i m e bu i l d i n g p e r m i t s ar e o b t a i n e d Co n d i t i o n N o . 1 5 Co m p l i a n c e w i t h t h e Ci t y ’ s T r a n s p o r t a t i o n De m a n d M a n a g e m e n t an d T r i p R e d u c t i o n Or d i n a n c e 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s Co l l e g e h a s pr o v i d e d a l i s t o f me a s u r e s cu r r e n t l y b e i n g im p l e m e n t e d Co n d i t i o n N o s . 1 6 - 1 7 Co l l e g e p a y s f o r C i t y co n s u l t a n t c o s t s r e l a t e d to r e v i e w i n g p l a n s o r do c u m e n t s 9 Ye s 9 Th e u s e o f co n s u l t a n t s On - g o i n g Co n d i t i o n N o . 1 8 6- m o n t h r e v i e w f o r e a c h co n s t r u c t i o n p h a s e a n d a 3- m o n t h r e v i e w f o r t h e La n d s c a p e M a i n t e n a n c e Pl a n 9 Tr i g g e r i s co m p l e t i o n o f ea c h c o n s t r u c t i o n ph a s e o r La n d s c a p e Ma i n t e n a n c e P l a n Th i s c o n d i t i o n in c l u d e s a n o v e r a l l re v i e w 1 8 m o n t h s af t e r t h e e n t i r e pr o j e c t i s co m p l e t e d Co n d i t i o n N o . 1 9 Ch a n g e s t o d e v e l o p m e n t pl a n s i n c l u d i n g o p e r a t i o n s 9 Ye s 9 Tr i g g e r i f c h a n g e s ar e p r o p o s e d 3-9 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) ar e s u b j e c t t o a r e v i s e d Co n d i t i o n a l U s e P e r m i t GE N E R A L C O N S T R U C T I O N C O N D I T I O N S Co n d i t i o n N o . 2 0 In s t a l l a t i o n o f c o n s t r u c t i o n sa f e t y f e n c i n g 9 Pr i o r t o co m m e n c i n g co n s t r u c t i o n o r gr a d i n g Te m p o r a r y Co n s t r u c t i o n Fe n c e P l a n re v i e w e d a n d ap p r o v e d b y Pl a n n i n g Co n d i t i o n N o . 2 1 Pe r m i t t e d c o n s t r u c t i o n ho u r s 9 Co n s t r u c t i o n a n d gr a d i n g a c t i v i t i e s Co n s i s t e n t w i t h RP V M C Co n d i t i o n N o s . 2 2 - 2 3 Of f - s i t e a n d o n - s i t e co n s t r u c t i o n s i t e c o n d i t i o n in c l u d i n g p a r k i n g 9 Co n s t r u c t i o n a n d gr a d i n g a c t i v i t i e s Co n s i s t e n t w i t h RP V M C Co n d i t i o n N o . 2 4 Ob t a i n i n g G e o t e c h n i c a l ap p r o v a l s 9 Pr i o r t o i s s u a n c e of a n y g r a d i n g pe r m i t s Co n d i t i o n N o . 2 5 Pu b l i c n o t i f i c a t i o n c r i t e r i a pr i o r t o c o n s t r u c t i o n 9 30 - d a y s p r i o r t o co m m e n c e m e n t of e a c h co n s t r u c t i o n ph a s e Ap p r o v a l s b y Co m m u n i t y De v e l o p m e n t Di r e c t o r ( C D D ) 3 0 - da y s p r i o r t o in s t a l l a t i o n a n d is s u a n c e Co n d i t i o n N o . 2 6 Su b m i t t a l o f C l a s s r o o m St u d e n t S e a t i n g P l a n 9 Du e p r i o r t o is s u a n c e o f Ce r t i f i c a t e o f Oc c u p a n c y f o r Ph a s e 3 . Su b s t a n t i a l l y co m p l y w i t h st u d e n t s e a t i n g pl a n f o r A p p e n d i x A o f F E I R 3-10 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Co n d i t i o n N o s . 2 7 – 2 9 Cr i t e r i a f o r c o n s t r u c t i o n ac t i v i t i e s i n c l u d i n g t i m i n g 9 Co n s t r u c t i o n a n d gr a d i n g a c t i v i t y Ap p l i e s t o co n s t r u c t i o n o r gr a d i n g a c t i v i t i e s Co n d i t i o n N o . 3 0 Su b m i t t a l o f a Co n s t r u c t i o n Ma n a g e m e n t P l a n 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s Me a s u r e s a r e t o be i m p l e m e n t e d du r i n g g r a d i n g a n d co n s t r u c t i o n ac t i v i t i e s Co n d i t i o n N o s . 3 1 – 4 0 Cr i t e r i a f o r c o n s t r u c t i o n re l a t e d a c t i v i t i e s im p a c t i n g t h e p u b l i c ro a d w a y s i n c l u d i n g po s t i n g b o n d s f o r po t e n t i a l d a m a g e 9 Pr i o r t o i s s u a n c e of g r a d i n g o r bu i l d i n g p e r m i t s , pr i o r t o co m m e n c i n g co n s t r u c t i o n , o r pr i o r t o r e l e a s i n g bo n d s Th e s e c o n d i t i o n s ap p l y t o co n s t r u c t i o n re l a t e d a c t i v i t i e s an d p o t e n t i a l im p a c t s t o t h e pu b l i c r i g h t - o f - w a y Co n d i t i o n N o . 4 1 Co m p l i a n c e w i t h re q u i r e m e n t s f o r p u b l i c ut i l i t i e s a n d a g e n c i e s 9 Co n s t r u c t i o n ac t i v i t i e s Co n d i t i o n N o . 4 2 Fu l l f o r c e o f e x i s t i n g ea s e m e n t s 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l No f u r t h e r a c t i o n ne e d e d a t t h i s t i m e IN D E M N I F I C A T I O N A N D I N S U R A N C E Co n d i t i o n N o s . 4 3 – 4 4 Ho l d h a r m l e s s a n d in d e m n i f y C i t y o f f i c i a l s f o r co n s t r u c t i o n o r op e r a t i o n a l r e l a t e d cl a i m s 9 Ye s 9 In t h e e v e n t o f a n in c i d e n t 3-11 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Co n d i t i o n N o . 4 5 In s u r a n c e f o r o p e r a t i o n o f th e C o l l e g e 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l / T r i g g e r is c o n s t r u c t i o n o f at h l e t i c f i e l d In s u r a n c e ce r t i f i c a t i o n su b m i t t e d t o t h e Ci t y . A n en d o r s e m e n t i s pe n d i n g . PR O J E C T D E S C R I P T I O N Co n d i t i o n N o s . 4 6 – 5 1 De s c r i b e s t h e m a x i m u m pe r m i t t e d s q u a r e fo o t a g e s , h e i g h t s , a n d se t b a c k s f o r t h e p r o p o s e d an d e x p a n d e d s t r u c t u r e s , in c l u d i n g o b t a i n i n g t h e ap p r o p r i a t e c e r t i f i c a t i o n s . 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l ; p r i o r t o fr a m i n g in s p e c t i o n ; p r i o r t o fi n a l i n s p e c t i o n o f gr a d i n g De s c r i b e s l i m i t s f o r bu i l d i n g s Co n d i t i o n N o . 5 2 Th e m a x i m u m p e r m i t t e d he i g h t f o r n e w o r r e p l a c e d fl a g p o l e s 9 In s t a l l a t i o n o f n e w or r e p l a c e d f l a g po l e s BU I L D I N G D E S I G N S T A N D A R D S Co n d i t i o n N o . 5 3 Re q u i r e s s p e c i f i c mo d i f i c a t i o n s t o t h e At h l e t i c B u i l d i n g p r i o r t o Pl a n C h e c k s u b m i t t a l . 9 Pr i o r t o P l a n Ch e c k s u b m i t t a l Fu t u r e b u i l d i n g pl a n s t o b e re v i e w e d b y Pl a n n i n g Co n d i t i o n N o s . 5 4 – 5 7 Re q u i r e s a l l n e w , ex p a n d e d , o r m o d i f i e d st r u c t u r e s b e f i n i s h e d i n an e a r t h t o n e c o l o r w i t h sp e c i f i c a r c h i t e c t u r a l ma t e r i a l s 9 Pr i o r t o i s s u a n c e of b u i l d i n g p e r m i t s Bu i l d i n g p l a n s t o be r e v i e w e d b y Pl a n n i n g . Mo d i f i e d b u i l d i n g s me a n s e x t e r i o r ch a n g e s 3-12 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) co n s i s t e n t w i t h t h e Co u n c i l a p p r o v e d pr o j e c t p l a n s . Co n d i t i o n N o . 5 8 Al l o w s r o o f m o u n t e d me c h a n i c a l e q u i p m e n t pr o v i d e d a p p r o v a l s a r e ob t a i n e d w i t h a S i t e P l a n Re v i e w a p p l i c a t i o n . 9 Ne w a n d ex p a n d e d bu i l d i n g s o r eq u i p m e n t Co n s i s t e n t w i t h RP V M C . S e e Co u n c i l a p p r o v e d Ro o f P l a n . Co n d i t i o n N o . 5 9 Th e S t o r a g e o f g o o d s , me r c h a n d i s e , j a n i t o r i a l su p p l i e s , e t c . s h a l l b e ho u s e d i n a n e n c l o s e d st r u c t u r e . 9 Ye s 9 On - g o i n g op e r a t i o n s Th i s c r i t e r i a ap p l i e s n o w a n d fo r f u t u r e op e r a t i o n s . CO N S T R U C T I O N P H A S I N G Co n d i t i o n N o . 6 0 Al l o w s t h e F a c i l i t i e s Ex p a n s i o n P r o j e c t t o b e co n s t r u c t e d i n 3 p h a s e s ov e r a s p a n o f 8 y e a r s fr o m t h e J u n e 1 , 2 0 1 0 Ci t y C o u n c i l f i n a l d e c i s i o n an d p r o v i d e d t h a t co n s t r u c t i o n a c t i v i t i e s d o no t e x c e e d a t o t a l o f 3 ye a r s 9 Ju n e 1 , 2 0 1 0 C i t y Co u n c i l a p p r o v a l Th e P r o j e c t i s t o be c o m p l e t e d b y Ju n e 1 , 2 0 1 8 , wh i c h i s 8 y e a r s fr o m J u n e 1 , 2 0 1 0 , th e d a t e t h e ap p r o v a l b e c a m e fi n a l . If c o m p o n e n t s de s c r i b e d i n e a c h ph a s e a r e n o t co m p l e t e d w i t h i n th e p e r m i t t e d t i m e fr a m e s a n d ex t e n s i o n s a r e n o t 3-13 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) gr a n t e d , t h o s e un c o m p l e t e d i t e m s be c o m e n u l l a n d vo i d a n d c a n n o t b e co m p l e t e d a s p a r t of t h e f o l l o w i n g ph a s e . TE M P O R A R Y M O D U L A R B U I L D I N G S Co n d i t i o n N o s . 6 1 – 6 2 Al l o w s t h e i n s t a l l a t i o n o f te m p o r a r y m o d u l a r bu i l d i n g d u r i n g t h e du r a t i o n o f c o n s t r u c t i o n . 9 In s t a l l a t i o n a t t h e ti m e d e m o l i t i o n pe r m i t s a r e i s s u e d fo r Ph a s e 1 Co n d i t i o n N o s . 6 3 – 6 6 Se t s d e s i g n a n d sc r e e n i n g c r i t e r i a , in c l u d i n g m a x i m u m he i g h t s , f o r t h e t e m p o r a r y mo d u l a r b u i l d i n g s 9 At t h e t i m e o f in s t a l l a t i o n a n d pr i o r t o o c c u p a n c y GR A D I N G Co n d i t i o n N o s . 6 7 De s c r i b e s t h e m a x i m u m pe r m i t t e d g r a d i n g qu a n t i t i e s a n d g r a d i n g ac t i v i t i e s t o a c c o m m o d a t e th e F a c i l i t i e s E x p a n s i o n Pr o j e c t 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s an d f i n a l in s p e c t i o n o f gr a d i n g Co n d i t i o n N o s . 6 8 Ex p o r t o r i m p o r t e d e a r t h ma t e r i a l r e q u i r e s a p p r o v a l of r e v i s e d C U P a n d 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s or d u r i n g g r a d i n g 3-14 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Gr a d i n g P e r m i t ap p l i c a t i o n s , a s w e l l a s ad d e d e n v i r o n m e n t a l re v i e w Co n d i t i o n N o . 6 9 – 7 3 Re q u i r e s t h e r e v i e w a n d ap p r o v a l o f t h e C i t y En g i n e e r a n d C i t y Ge o l o g i s t s f o r g r a d i n g an d c o n s t r u c t i o n a c t i v i t i e s 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s Co n d i t i o n N o . 7 4 Re q u i r e s i n s u r a n c e f o r gr a d i n g a n d c o n s t r u c t i o n ac t i v i t i e s 9 Pr i o r t o i s s u a n c e of g r a d i n g o r bu i l d i n g p e r m i t s Do c u m e n t a t i o n t o be p r o v i d e d t o C i t y Co n d i t i o n N o . 7 5 Re q u i r e s t h e C o l l e g e p o s t a b o n d o r s e c u r i t y t o co v e r c o s t s o f g r a d i n g o r re s t o r i n g t h e s i t e t o a n ac c e p t a b l e c o n d i t i o n 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s Do c u m e n t a t i o n t o be p r o v i d e d t o C i t y Co n d i t i o n N o . 7 6 – 8 9 Re q u i r e s t h e r e v i e w a n d ap p r o v a l o f t h e C i t y En g i n e e r a n d C i t y Ge o l o g i s t s f o r g r a d i n g an d c o n s t r u c t i o n a c t i v i t i e s 9 Pr i o r t o i s s u a n c e of g r a d i n g pe r m i t s ; d u r i n g gr a d i n g o r co n s t r u c t i o n ; o r pr i o r t o f i n a l gr a d i n g i n s p e c t i o n Se e e a c h co n d i t i o n f o r sp e c i f i c co m p l i a n c e tr i g g e r s Co n d i t i o n N o . 9 0 – 9 1 Se t s g e o t e c h n i c a l c r i t e r i a fo r w a t e r f e a t u r e s in c l u d i n g s w i m m i n g p o o l s to p r e v e n t l e a k s 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s Co n d i t i o n N 0 . 9 2 Pr o h i b i t s r o c k c r u s h i n g an d r a w s t o n e c u t t i n g 9 Du r i n g co n s t r u c t i o n Cu t t i n g a n d sh a p i n g o f p r e - c u t st o n e i s p e r m i t t e d 3-15 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) pu r s u a n t t o t h e cr i t e r i a c o n t a i n e d in t h i s c o n d i t i o n . Co n d i t i o n N o . 9 3 Es t a b l i s h e s m a x i m u m he i g h t s f o r r e t a i n i n g w a l l s 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s He i g h t s o f re t a i n i n g w a l l s t o be s h o w n o n gr a d i n g p l a n s UT I L I T I E S Co n d i t i o n N o s . 9 4 – 9 5 Al l n e w u t i l i t i e s s h a l l b e pl a c e d u n d e r g r o u n d 9 Pr i o r t o f i n a l in s p e c t i o n o f gr a d i n g Un d e r g r o u n d ut i l i t i e s f o r n e w co n s t r u c t i o n a s re q u i r e d p e r Se c t i o n 1 7 . 5 4 o f th e R P V M C Co n d i t i o n N o . 9 6 Cr i t e r i a f o r t h e u s e o f sa t e l l i t e d i s h a n t e n n a s o r ot h e r a n t e n n a s 9 Ye s 9 At t h e t i m e o f in s t a l l a t i o n Co n s i s t e n t w i t h RP V M C Co n d i t i o n N o . 9 7 – 1 0 2 Re q u i r e m e n t s f o r t h e in s t a l l a t i o n o f n e w s e w e r an d s a n i t a t i o n im p r o v e m e n t s 9 Pr i o r t o i s s u a n c e of g r a d i n g o r bu i l d i n g p e r m i t s ; pr i o r t o i s s u a n c e of f i n a l C o f O . Co n d i t i o n N o . 1 0 3 – 1 0 7 Re q u i r e m e n t s f o r t h e in s t a l l a t i o n o f n e w w a t e r li n e s 9 Pr i o r t o i s s u a n c e of g r a d i n g o r bu i l d i n g p e r m i t s HY D R O L O G Y A N D W A T E R Q U A L I T Y Co n d i t i o n N o . 1 0 8 – 1 2 3 Re q u i r e s t h e s u b m i t t a l o f an u p d a t e d M a s t e r 9 Pr i o r t o i s s u a n c e of g r a d i n g o r 3-16 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Dr a i n a g e P l a n a n d s e t s cr i t e r i a f o r s t o r m d r a i n fa c i l i t i e s i n c l u d i n g w a t e r qu a l i t y f e a t u r e s p u r s u a n t to S t a t e r e g u l a t i o n s bu i l d i n g p e r m i t s Co n d i t i o n N o . 1 2 2 Ma i n t e n a n c e o f d r a i n a g e fa c i l i t i e s a n d p o s t i n g o f se c u r i t y f o r t h e co n s t r u c t i o n a n d ma i n t e n a n c e o f n e w dr a i n a g e f a c i l i t i e s 9 Ye s 9 Ma i n t e n a n c e ob l i g a t i o n a p p l i e s to e x i s t i n g a n d fu t u r e f a c i l i t i e s . Se c u r i t y a p p l i e s t o ne w f a c i l i t i e s Th e C o l l e g e cu r r e n t l y m a i n t a i n s ex i s t i n g d r a i n a g e fa c i l i t i e s SO U R C E R E D U C T I O N A N D R E C Y C L I N G Co n d i t i o n N o . 1 2 4 Re q u i r e m e n t s f o r de v e l o p i n g a W a s t e Ma n a g e m e n t P l a n t h a t en c o u r a g e s r e c y c l i n g in c l u d i n g g r e e n w a s t e f o r Co l l e g e o p e r a t i o n s 9 Ye s Pr i o r t o C e r t i f i c a t e of O c c u p a n c y Do c u m e n t a t i o n pr o v i d e d o n J u l y 6 , 20 1 1 Co n d i t i o n N o s . 1 2 5 – 1 2 8 Re q u i r e s t h e s u b m i t t a l o f a C o n s t r u c t i o n a n d De m o l i t i o n M a t e r i a l Ma n a g e m e n t P l a n t o en c o u r a g e r e u s e o r re c y c l e b u i l d i n g m a t e r i a l s du r i n g p r o j e c t co n s t r u c t i o n . 9 Pr i o r t o i s s u a n c e of g r a d i n g o r bu i l d i n g p e r m i t s ; Pr i o r t o C e r t i f i c a t e of O c c u p a n c y OP E R A T I O N A L 3-17 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Co n d i t i o n N o . 1 2 9 Wo r k c o n d u c t e d i n o r ou t s i d e t h e M a i n t e n a n c e Bu i l d i n g s h a l l b e sc r e e n e d f r o m p u b l i c v i e w 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n d i t i o n N o . 1 3 0 Se t s h o u r s o f o p e r a t i o n fo r c a m p u s b u i l d i n g s , in c l u d i n g n e w b u i l d i n g s . 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Th e C o l l e g e pr o v i d e d do c u m e n t a t i o n o f th e c u r r e n t h o u r s of u s e . Th e l i m i t a t i o n s o n th e A t h l e t i c Bu i l d i n g a p p l y af t e r c o n s t r u c t i o n Co n d i t i o n N o . 1 3 1 In d i c a t e s a r e a s o f t h e ca m p u s t h a t a r e t o b e cl o s e d b e t w e e n s u n s e t an d s u n r i s e 9 Af t e r C o n s t r u c t i o n Th i s c o n d i t i o n ap p l i e s t o n e w ar e a s a n d st r u c t u r e s Co n d i t i o n N o . 1 3 2 Se t s h o u r s o f o p e r a t i o n fo r t h e o u t d o o r p o o l 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Th e C o l l e g e h a s pr o v i d e d co m p l i a n c e do c u m e n t a t i o n o n Ju l y 2 6 , 2 0 1 1 . Co n d i t i o n N o . 1 3 3 – 1 3 4 Se t s c r i t e r i a f o r t h e de l i v e r y o f g o o d s a n d su p p l i e s 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n s i s t e n t w i t h RP V M C Co n d i t i o n N o . 1 3 5 Re q u i r e s 2 4 - h o u r c a m p u s se c u r i t y 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l do c u m e n t a t i o n pr o v i d e d . S e c u r i t y bo o t h t o b e co n s t r u c t e d l a t e r . 3-18 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Co n d i t i o n N o . 1 3 6 Se t s c r i t e r i a f o r o u t d o o r ev e n t s w i t h a m p l i f i e d so u n d w i t h t h e a p p r o v a l of a S p e c i a l U s e P e r m i t 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l A S U P h a s b e e n su b m i t t e d t o t h e Ci t y f o r 2 0 1 1 / 2 0 1 2 . Co n d i t i o n N o . 1 3 7 Re q u i r e s t h e e x i s t i n g pr e s c h o o l t o d i s c o n t i n u e it s o p e r a t i o n u p o n t h e de m o l i t i o n o f t h e s t r u c t u r e th a t h o u s e s t h e p r e s c h o o l 9 Up o n d e m o l i t i o n of t h e p r e s c h o o l Th i s c o n d i t i o n o n l y ap p l i e s i f t h e pr e s c h o o l i s de m o l i s h e d ot h e r w i s e t h e pr e s c h o o l m a y co n t i n u e t o op e r a t e d i n i t s ex i s t i n g b u i l d i n g Co n d i t i o n N o . 1 3 8 Re q u i r e s t h e es t a b l i s h m e n t o f a Ne i g h b o r h o o d A d v i s o r y Co m m i t t e e 9 No Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Th e C o l l e g e i s cu r r e n t l y i n t h e re c r u i t m e n t pr o c e s s PR O G R A M S A N D S T U D E NT E N R O L L M E N T Co n d i t i o n N o . 1 3 9 Al l o w s t h e c a m p u s t o b e us e d f o r v a r i o u s ac a d e m i c a n d re c r e a t i o n a l p r o g r a m s an d r e l a t e d a c t i v i t i e s Pr o h i b i t s s u b - l e a s i n g ca m p u s f o r c o m m e r c i a l pu r p o s e s 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Su m m e r y o u t h re c r e a t i o n a l pr o g r a m s a r e in c l u d e d i n t h e de f i n i t i o n o f g r o u p s or o r g a n i z a t i o n s a s re q u e s t e d b y t h e Co l l e g e i n 2 0 0 5 an d e v a l u a t e d i n th e C U P a n d E I R . 3-19 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Co n d i t i o n N o . 1 4 0 De f i n e s t h e v a r i o u s de g r e e p r o g r a m s o f f e r e d at t h e C o l l e g e 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n d i t i o n N o . 1 4 1 Al l o w s t h e C o l l e g e t o of f e r C o n t i n u i n g Ed u c a t i o n P r o g r a m s s u c h as E n g l i s h a s a s e c o n d La n g u a g e 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n d i t i o n N o . 1 4 2 De f i n e s “ f u l l - t i m e ” a n d “p a r t - t i m e ” s t u d e n t s 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n d i t i o n N o . 1 4 3 Al l o w s c a m p u s f a c i l i t i e s to b e u s e d f o r S u m m e r Ed u c a t i o n P r o g r a m s b y st u d e n t s 1 4 y e a r s o r o l d e r 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n d i t i o n N o . 1 4 4 De f i n e s t h e v a r i o u s “t e r m s ” o f f e r e d a t t h e Co l l e g e . Re q u i r e s S t u d e n t d r i v i n g tr a i n i n g c o u r s e s f o r in c o m i n g s t u d e n t s 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Dr i v i n g t r a i n i n g pr o g r a m t o b e of f e r e d t o in c o m i n g s t u d e n t s . To t a l n u m b e r o f pa r t i c i p a t i n g st u d e n t s m u s t b e re p o r t e d e a c h t e r m wi t h e n r o l l m e n t re p o r t s . Co n d i t i o n N o . 1 4 5 Es t a b l i s h e s s t u d e n t en r o l l m e n t l i m i t a t i o n s 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l On - g o i n g Co n d i t i o n N o . 1 4 6 Re q u i r e s t h e C o l l e g e t o su b m i t e n r o l l m e n t r e p o r t s to t h e C i t y f o r e a c h 9 Ye s 30 - d a y s a f t e r ea c h t e r m h a s co m m e n c e d Su m m e r T e r m en r o l l m e n t f i g u r e s to i n c l u d e 3-20 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) “t e r m . ” en r o l l m e n t f o r ed u c a t i o n a l pr o g r a m s . S e e Co n d i t i o n N o . 1 4 4 NO I S E / M E C H A N I C A L E Q U I P M E N T Co n d i t i o n N o s . 1 4 7 – 1 4 8 Se t s c r i t e r i a t o r a t t e n u a t e no i s e l e v e l s f o r a l l n e w me c h a n i c a l 9 In s t a l l a t i o n o f n e w eq u i p m e n t Co n d i t i o n N o . 1 4 9 Es t a b l i s h e s p e r m i t t e d ho u r s t o m a i n t a i n ha r d s c a p e s u r f a c e s , s u c h as p a r k i n g l o t s 9 Ye s Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n s i s t e n t w i t h t h e RP V M C Co n d i t i o n N o . 1 5 0 Li m i t s n o i s e l e v e l s t o 65 d b a a t a l l p r o p e r t y l i n e s an d r e q u i r e s n o i s e mo n i t o r i n g a t t h e co m p l e t i o n o f e a c h co n s t r u c t i o n p h a s e 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co m p l i a n c e w i t h no i s e l e v e l s i s a t al l t i m e s . So u n d t e s t s a r e re q u i r e d s i x mo n t h s a f t e r co m p l e t i o n o f e a c h ph a s e LI G H T I N G Co n d i t i o n N o . 1 5 1 – 1 5 2 Re q u i r e s t h e s u b m i t t a l o f a L i g h t i n g P l a n , t h e in s t a l l a t i o n o f a l i g h t i n g mo c k - u p , a n d m o n i t o r i n g fo r 3 0 - d a y s 9 Pr i o r t o i s s u a n c e of a n y b u i l d i n g pe r m i t ; p r i o r t o in s t a l l a t i o n o f l i g h t fi x t u r e s Co n d i t i o n N o . 1 5 3 Pr o h i b i t s o u t d o o r l i g h t i n g to e x c e e d a b u i l d i n g ’ s 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Co n s i s t e n t w i t h RP V M C 3-21 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) ro o f e a v e Ap p r o v a l Co n d i t i o n N o . 1 5 4 Pr o h i b i t s l i g h t i n g o f t h e at h l e t i c f a c i l i t i e s e x c e p t fo r s a f e t y l i g h t i n g f o r wa l k w a y s 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Th i s c o n d i t i o n ap p l i e s t o e x i s t i n g an d n e w f a c i l i t i e s Co n d i t i o n N o s . 1 5 5 Es t a b l i s h e s m a x i m u m he i g h t s f o r l i g h t f i x t u r e s 9 Co n s t r u c t i o n o f ne w p a r k i n g l o t Ap p l i e s w h e n pa r k i n g l o t i s co n s t r u c t e d Co n d i t i o n N o . 1 5 6 Es t a b l i s h e s m a x i m u m he i g h t l i m i t s o f l i g h t fi x t u r e s 9 Co n s t r u c t i o n o f ne w e a s t p a r k i n g lo t Ap p l i e s w h e n pa r k i n g l o t i s co n s t r u c t e d PA R K I N G Co n d i t i o n N o . 1 5 7 Re q u i r e s t h e s u b m i t t a l o f a P a r k i n g L o t P l a n 9 Pr i o r t o i s s u a n c e of a n y g r a d i n g pe r m i t Co n d i t i o n N o . 1 5 8 Re q u i r e s t h e c o n s t r u c t i o n of n o f e w e r t h a n 4 6 3 o n - si t e p a r k i n g s p a c e s . Re q u i r e s t h e a n n u a l im p l e m e n t a t i o n o f a Pa r k i n g M a n a g e m e n t St r a t e g y P r o g r a m 9 No 9 Pr i o r t o co m p l e t i o n o f Ph a s e O n e . Ju l y 1 st o f e v e r y ye a r . An n u a l P a r k i n g Ma n a g e m e n t St r a t e g y P r o g r a m re v i e w e d e v e r y Ju l y 1 st b a s e d o n st u d e n t e n r o l l m e n t co n s i s t e n t w i t h mi t i g a t i o n me a s u r e s T R - 5 an d T R 6 . T h e co l l e g e i s i n t h e pr o c e s s o f co m p l e t i n g t h i s 3-22 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) re q u i r e m e n t f o r 20 1 1 / 2 0 1 2 Co n d i t i o n N o s . 1 5 9 – 1 6 0 Li m i t s t h e u s e o f t h e n e w ea s t p a r k i n g l o t a n d t h e ne w l o w e r t e r r a c e e a s t e r n pa r k i n g l o t 9 Co n s t r u c t i o n o f ne w p a r k i n g l o t ex c e p t Co n d i t i o n N o s . 1 6 1 – 1 6 2 Se t s c r i t e r i a f o r em e r g e n c y v e h i c l e s a n d an E m e r g e n c y Ev a c u a t i o n P l a n 9 Pr i o r t o i s s u a n c e of b u i l d i n g p e r m i t ; pr i o r t o f i n a l in s p e c t i o n o f Ph a s e 1 Co n d i t i o n N o . 1 6 3 Pr o h i b i t s t h e u s e o f gr a s s c r e t e w i t h i n t h e Ge o l o g i c B u i l d i n g Se t b a c k A r e a 9 Co n s t r u c t i o n o f ne w p a r k i n g l o t Lo c a t e d w i t h t h e Ge o l o g i c B u i l d i n g Se t b a c k A r e a LA N D S C A P I N G Co n d i t i o n N o s . 1 6 4 - 1 6 7 Re q u i r e s t h e s u b m i t t a l o f La n d s c a p e P l a n a n d s e t s cr i t e r i a f o r l a n d s c a p i n g in c l u d i n g t h e r e p l a n t i n g o f ex i s t i n g t r e e s a n d re m o v a l o r t r i m m i n g o f tr e e s t o r e s t o r e v i e w s o f Ca t a l i n a I s l a n d 9 Pr i o r t o i s s u a n c e of g r a d i n g o r a n y bu i l d i n g p e r m i t Co n d i t i o n N o . 1 6 4 is t i e d t o C o n d i t i o n No . 6 0 d e s c r i b i n g co n s t r u c t i o n ph a s i n g Co n d i t i o n N o s . 1 6 8 – 1 6 9 Es t a b l i s h e s h e i g h t l i m i t s fo r l a n d s c a p i n g a l o n g t h e pr o p e r t y l i n e s 9 Co n s t r u c t i o n o f ne w p a r k i n g l o t Co n d i t i o n N o . 1 7 0 Re q u i r e s t h e s u b m i t t a l o f a L a n d s c a p e 9 Ye s 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t s la n d s c a p e ma i n t e n a n c e 3-23 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO N S T R U C T I O N CO M P L I A N C E CO N D I T I O N S NO T E S TR I G G E R CO M P L I A N C E (A P P L I E S L A T E R ) Ma i n t e n a n c e P l a n ; se t s m a i n t e n a n c e re q u i r e m e n t s p u r s u a n t th e R P V M C fo r r e v i e w o f La n d s c a p e Ma i n t e n a n c e P l a n re q u i r e m e n t s pu r s u a n t t o t h e RP V M C Co n d i t i o n N o . 1 7 1 Se t s m a x i m u m h e i g h t li m i t s f o r l a n d s c a p i n g ad j a c e n t t o t h e C i t y - ow n e d S a n R a m o n Re s e r v e 9 Co n s t r u c t i o n o f ne w p a r k i n g l o t FE N C E S , W A L L S , A N D H E D G E S Co n d i t i o n N o s . 1 7 2 – 1 7 4 Se t s m a x i m u m h e i g h t li m i t s a n d d e s i g n st a n d a r d s f o r w a l l s a n d fe n c e s a l o n g p r o p e r t y li n e s 9 Co n s t r u c t i o n o f ne w f e n c e s o r wa l l s Co n d i t i o n N o . 1 7 5 Re q u i r e s t h e i n s t a l l a t i o n of a r e t r a c t a b l e n e t f o r t h e ne w a t h l e t i c f i e l d a n d t h e ti m i n g f o r u s i n g t h e re t r a c t a b l e n e t 9 Co n s t r u c t i o n o f ne w a t h l e t i c f i e l d Co n d i t i o n N o . 1 7 6 Pr o h i b i t s t h e i n s t a l l a t i o n of c h a i n l i n k f e n c i n g wi t h i n t h e f r o n t a n d s t r e e t - si d e s e t b a c k s w i t h t h e ex c e p t i o n o f t h e a r e a su r r o u n d i n g t h e t e n n i s co u r t s 9 Ac c e p t a n c e o f co n d i t i o n s o f ap p r o v a l co n s t r u c t i o n o f ne w t e n n i s c o u r t s 3-24 Pa g e 1 8 MA R Y M O U N T C O L L E G E IN T E R P R E T A T I O N O F C O N D I T I O N S O F A P P R O V A L RE S O L U T I O N N O . 2 0 1 0 - 4 2 C O N D I T I O N A L U S E P E R M I T N O . 9 R E V I S I O N “ E ” CO N D I T I O N N U M B E R CO N D I T I O N SU M M A R Y DE S C R I P T I O N OP E R A T I O N A L CO N D I T I O N S (A P P L I E S NO W ) OP E R A T I O N A L CO N D I T I O N S I N CO M P L I A N C E CO N S T R U C T I O N CO N D I T I O N S (A P P L I E S L A T E R ) CO M P L I A N C E TR I G G E R NO T E S Co n d i t i o n N o . 1 7 7 Se t s m a x i m u m h e i g h t li m i t s a n d d e s i g n st a n d a r d s f o r t h e n e w te n n i s c o u r t f e n c i n g 9 Co n s t r u c t i o n o f ne w t e n n i s c o u r t s Co n d i t i o n N o . 1 7 8 Se t s m a x i m u m h e i g h t li m i t s a n d d e s i g n st a n d a r d s f o r n e w p o o l fe n c i n g 9 Ye s 9 Ac c e p t a n c e o f Co n d i t i o n s o f Ap p r o v a l Co n s i s t e n t w i t h t h e RP V M C a n d U B C re q u i r e m e n t s SI G N S Co n d i t i o n N o s . 1 7 9 – 1 8 0 Re q u i r e s t h e s u b m i t t a l o f a M a s t e r S i g n P l a n a n d al l o w s t h e i n s t a l l a t i o n o f tw o e n t r y s i g n s o f P V D E 9 Pr i o r t o i s s u a n c e of g r a d i n g p e r m i t 3-25 RESOLUTION NO. 2010-42 - EXHIBIT “A” MARYMOUNT COLLEGE CONDITIONS OF APPROVAL ZON2003-00317 (Conditional Use Permit No. 9 Revision ‘E’, Grading Permit, Variance, and Minor Exception Permit) GENERAL CONDITIONS 1) The approvals granted by this Resolution shall not become effective until the applicant submits a written affidavit that the applicant has read, understands and accepts all conditions of approval contained herein. Said affidavit 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 fails to submit the written affidavit required by this condition within the required 90 days, this resolution approving planning case number ZON2003-00317 (Conditional Use Permit No. 9 Revision ‘E,’ Grading Permit, Variance and Minor Exception Permit) 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 pay all applicable filing fees, payable to the County of Los Angeles, for the Fish and Game Environmental Filing Fee, including posting fees. This check shall be submitted to the City within five (5) business days of final 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. 2010-41 is hereby incorporated into the Conditions of Approval, as Exhibit “B”, for planning case number ZON2003-00317 (Conditional Use Permit No. 9 Revision ‘E,’ Grading Permit, Variance, and Minor Exception Permit). 4) The applicant shall fully implement and continue for as long as a college is operated on the subject property the Mitigation Monitoring Program and execute all mitigation measures as identified and set forth in the Final Environmental Impact Report for the project as certified in Resolution No. 2010-41. 5) Marymount College shall be responsible for implementing and ensuring compliance with all of the Conditions of Approval stated herein. Accordingly, as used herein, the term “applicant” shall mean Marymount College including operators of educational and recreational programs affiliated with Marymount College and the property upon which the Marymount College is located. 3-26 Resolution No. 2010-42 Exhibit A Page 2 of 39 6) The project development shall conform to the specific standards contained in these Conditions of Approval or, if not addressed herein, shall conform to the appropriate development and operational standards of the Rancho Palos Verdes Municipal Code (“RPVMC”). 7) The project, including site layout, the building and appurtenances, and signage throughout the site, must be constructed and maintained in substantial compliance with the plans reviewed and approved by the City Council, on March 31, 2010 and May 4, 2010 (Athletic Field Alternative D-2), and stamped APPROVED by the City with the effective date of the Notice of Decision. Prior to any submittal to Building and Safety, the applicant shall submit to the Community Development Director a complete set of the revised plans (such as, but not limited to, architectural, grading, landscaping, and lighting plans) that reflect the Council’s final decision. 8) The Community Development Director shall be authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same result as would strict compliance with such plans and conditions. Otherwise, all other modifications shall be subject to review and approval by the City Council as a revision to this conditional use permit at a duly noticed public hearing. 9) Failure to comply with all of the Conditions of Approval will be grounds to revoke the approval of the project pursuant to the revocation procedures contained in RPVMC section 17.86.060. 10) These conditions are organized by topic 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. The conditions shall be applicable as long as a college is operated on the property, unless otherwise stated herein. 11) 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. 12) All applicable permits required by the City’s Building and Safety Division shall be obtained by the applicant prior to the commencement of any construction activities associated with this approval. 13) If applicable, prior to issuance of any certificate of occupancy, the applicant shall pay the City’s Environmental Excise Tax in accordance with the Rancho Palos Verdes Municipal Code (RPVMC). 3-27 Resolution No. 2010-42 Exhibit A Page 3 of 39 14) If applicable, prior to issuance of any Certificate of Occupancy the applicant shall comply with the Affordable Housing requirements of the RPVMC. 15) If applicable, 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. 16) 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 any 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. City Engineer, City Attorney, geotechnical consultants, biologist, landscape architect, City Arborist, noise consultant, environmental consultants, recycling consultants, etc.). The College 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 for which services are rendered. In addition, the trust deposits shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. 17) 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. 18) No later than six (6) months after the completion of each of the three Construction Phases described herein, the City Council shall review these Conditions of Approval 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. Such modifications shall not result in substantial changes to the design of the project structures. Notice of such 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, including, but not limited to, the effectiveness of the parking conditions, on-site circulation patterns, lighting, landscaping, noise, hours of operation, the operation of outdoor events, the operation and effectiveness of the retractable net, the use of the athletic field and tennis courts, and the use of the outdoor pool. The City Council may also consider other concerns raised by the public in response to the public notice of 3-28 Resolution No. 2010-42 Exhibit A Page 4 of 39 the review hearing. The City Council may require such subsequent additional reviews, as deemed 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. In addition to the three 6-month reviews required above, no later than 18 months after the completion of Construction Phase III, as described herein, the City Council shall review these Conditions of Approval and the operations of the College 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 all the conditions imposed similar to the 6 month reviews such as, but not limited to, the effectiveness of the parking conditions, on-site circulation patterns, lighting, landscaping, noise, hours of operation, the operation of outdoor events, the operation and effectiveness of the retractable net, the use of the athletic field and tennis courts, and the use of the outdoor pool. At that time, the City Council may add, delete or modify any Conditions of Approval if evidence presented at the hearing demonstrates that new or modified conditions are necessary and appropriate to address impacts resulting from operation of the project. The Campus Landscape Maintenance Plan shall also be subject to a three (3) month review as stated in Condition No. 170. 19) This approval authorizes the construction of a Facilities Expansion Plan (Facilities Plan) for Marymount College located at 30800 Palos Verdes Drive East, including the athletic field and tennis courts depicted in Alternative D-2 of Appendix D of the Final EIR. The approval does not include or allow the construction of Residence Hall buildings included in the applicant’s original submittal. Any significant changes to the characteristics of the development, including, but not limited to, the introduction of new uses or buildings, the site configuration, the size or operation of the facilities, or other ancillary uses 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 direct that the Planning Commission consider the proposed application, or it may deny the proposed application, or it may approve the proposed application and impose such conditions, as it deems necessary upon the proposed use resulting from operations of the project. Further, the City Council may consider all issues relevant to the proposed change of use. GENERAL CONSTRUCTION CONDITIONS 20) Temporary construction fencing shall be installed in accordance with the RPVMC. Prior to the issuance of any grading or building permit, the applicant 3-29 Resolution No. 2010-42 Exhibit A Page 5 of 39 shall submit a Temporary Construction Fence Plan, as part of the Construction Management Plan, that identifies items including, but not limited to, the type, the location and the time duration of construction fencing to be installed to address health and safety issues that are related to grading or other construction activities. 21) All on-site construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction shall occur on Sundays or Federal holidays as set forth in RPVMC unless a special construction permit, allowing construction work on Sundays or Federal holidays between the hours of 7:00 am and 7:00 pm, is first obtained from the Community Development Director at least 48-hours in advance of construction work. Any deviation from this Condition shall require an amendment to these Conditions of Approval and the approval of a Variance Permit. 22) The construction site and adjacent public and private properties and streets shall be kept free of all loose materials in excess of the material used for immediate construction purposes. Such excess material includes, but is not limited to, the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, salvage materials, abandoned or discarded furniture, appliances, or fixtures. 23) No overnight parking or storage of vehicles associated with construction shall be permitted in the public right-of-way during construction. 24) Prior to issuance of any grading permit, the applicant shall submit final geotechnical and soils reports to the City for review and approval by the Building Official and the City’s Geotechnical Consultant. All conditions specified in the approved geotechnical and soils reports will be incorporated into the project. 25) The applicant shall prepare a notice to all property owners within a 500-foot radius of the project site at least 30-days prior to the commencement of each phase of construction. Such notice shall be sent by the City, at the expense of the applicant, and shall include a contact (name, telephone number, and e-mail address) in the event complaints need to be filed. A similar notice shall be visibly posted from the right-of-way (PVDE) at the entrance to the campus. The size, exact location, and content of such notice shall be reviewed and approved by the Director at least 30-days prior to installation. 26) Prior to issuance of the Final Certificate of Occupancy for Phase Three, the applicant shall provide a detailed as-built Classroom Student Seat Plan. Such Plan shall substantially comply with the student seats depicted in Exhibit 4 of Appendix A of the Final EIR and shall not exceed a maximum of 655 student seats. An increase to the maximum number of student seats permitted herein 3-30 Resolution No. 2010-42 Exhibit A Page 6 of 39 shall be subject to review and approval by the City Council, at a duly noticed public hearing, and shall not result in new impacts or the intensification of impacts identified in the Final EIR, including but not limited to traffic, parking and noise. 27) Construction and grading activities 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. 28) No on-site repair, maintenance, delivery of equipment and materials or vehicle idling shall occur before 7:00 a.m. or after 7:00 p.m. Monday through Saturday, nor on any Sunday or Federal holiday, unless otherwise specified in these Conditions of Approval or a Special Construction Permit is obtained from the City. Emergency repairs are exempt from this condition. 29) All construction activity shall not extend beyond the phasing plan identified in the Certified Environmental Impact Report described in Resolution No. 2010-41 and actual physical construction shall not exceed a total of three years during the eight year phased schedule, as described in Condition No. 60. Any significant changes to the construction activity schedule shall be reviewed and approved by the Community Development Director. 30) Prior to the issuance of any grading permits, the applicant shall submit to the Director of Public Works, for review and approval, a Construction Management Plan. Said Plan shall include, but not be limited to, 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, the installation of traffic control signs at and around the project site, hours of arrival and departure for construction workers, sound abatement measures, and street maintenance (street cleaning and repairs). All construction related parking must be accommodated on-site. No on-street construction related parking shall be permitted. The queuing and idling of construction worker vehicles and construction vehicles/equipment shall be prohibited on-site and on City streets. Furthermore, the applicant shall prepare and submit a Haul Plan to the Public Works Department for review and approval prior to issuance of grading permits. 31) The applicant shall be responsible for repairs to any public streets that may be damaged as a result of development of the project as required by the Director of Public Works. 32) Prior to issuance of any grading or building permit for each construction phase described in these Conditions of Approval, the applicant shall film the public roads that will be used for construction traffic to and from the project site, as 3-31 Resolution No. 2010-42 Exhibit A Page 7 of 39 described in the City approved Construction Management Plan, to document the pre-construction road condition. Said film, in either a DVD or CD format, shall be submitted to the Director of Public Works and shall be used to document any roadway damage that may be associated with project construction. 33) Prior to the issuance of any grading or building permit, the applicant shall submit security, in a form reasonably acceptable to the City, to cover any damage to existing public roadways caused by project construction. The amount of such security shall be determined by the Director of Public Works and shall not be released until all construction related activities have been completed and after final inspections by the City’s Building Official. 34) Prior to the release of the security to cover any damages to existing public roadways (see above conditions), the applicant shall repair or replace all curbs, gutters, and sidewalks that are damaged as a result of project construction, as determined by the Director of Public Works. 35) 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. 36) Any on-site raised and landscaped medians and textured surfaces, including parking lot planters, shall be approved by the Director of Public Works, and by the City Geologist in areas adjacent to or within the Building Geologic Setback Area. 37) 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. 38) All sidewalks and pathways throughout the project site shall be designed to comply with the minimum width standards set forth in the most recent California Disabled Accessibility Guidebook. 39) 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. 40) Prior to commencing any excavation or construction within the public rights-of- way, the applicant shall obtain all necessary permits from the Director of Public Works. 3-32 Resolution No. 2010-42 Exhibit A Page 8 of 39 41) The project shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property. 42) All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. INDEMNIFICATION/INSURANCE 43) The owner of the property upon which the project is located shall hold harmless and indemnify and past, present and future 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 (“Loss”), 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 including but not limited to the operation and use of the athletic field. The obligation to indemnify the Indemnitees shall not include any loss caused by the sole negligence or willful misconduct of the Indemnitees. 44) The applicant shall defend, indemnify and hold harmless the City and its and past, present and future agents, officers, commissions, boards, committees and employees from any claim, action or proceeding against the City or such 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 Resolution 2010-41 brought by one or more third parties. 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 with counsel of its choosing, in which 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 or monetary judgments 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 in the defense of any such claim or action. 3-33 Resolution No. 2010-42 Exhibit A Page 9 of 39 45) The applicant shall procure and maintain in full force and effect during the operation of the College primary general liability insurance in conjunction with umbrella coverage, which is applicable to, and provides coverage in an amount of at least $5 million dollars, which amount shall be increased on each fifth anniversary of the issuance of the first certificate of occupancy for any structure authorized by this approval 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 athletic field at the College as authorized by the conditional use permit as amended by this approval. 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 operation of the athletic field, including balls that may enter the public road right-of-way, 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) The limits of applicant’s insurance shall apply separately to the project site. (d) Each insurance policy required by this condition shall be endorsed to state that coverage shall not be canceled except after 30-days prior written notice by first class mail has been given to City. (e) Each insurance policy required by this condition shall be endorsed to state that coverage shall not be materially modified except after 5- business days prior written notice by first class mail has been given to City. (f) Each insurance policy required by this condition shall expressly waive the insurer’s right of subrogation against City and members of its City 3-34 Resolution No. 2010-42 Exhibit A Page 10 of 39 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 activities involving field balls at the athletic field shall be permitted unless such general liability insurance policy is in effect and on file with the City. 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 this Condition. PROJECT DESCRIPTION 46) This approval, the Marymount College Facilities Expansion Project, allows for the expansion of the existing College’s facilities (92,268 square feet of floor area) consisting of the demolition of 18,022 square feet of existing floor area and the construction of 61,928 square feet of new floor area, including expanding 14,916 square feet of existing buildings, the proposed development would result in a total of 151,090 square feet of campus floor area, as outlined in the table shown below: 3-35 Resolution No. 2010-42 Exhibit A Page 11 of 39 47) A Square Footage Certification prepared by a registered surveyor or engineer shall be submitted to the Community Development Director, prior to a framing inspection, indicating that the buildings, as identified in the condition herein, do not exceed the maximum permitted gross square footages (as measured from exterior walls). 48) A security/information booth shall be allowed to be constructed at the entry driveway, as depicted on the site plan approved by the City Council. This structure shall not exceed 54 square feet and a maximum height of 10-feet, as measured from the lowest adjacent finished grade (935.50’) to the highest roof ridgeline (945.50’). Architectural details, as shown on the project plans reviewed Building Total Existing Building (SF) Proposed Building Demolition (SF) Proposed Building Addition (SF) Total Building (SF) Existing Buildings Classroom/Academics 26,180 0 0 26,180 Auditorium/Fine Arts Studio 8,012 0 1,869 9,881 Faculty Office 7,346 0 7,455 14,801 Student Union/Bookstore/Faculty Dining 18,158 0 3,492 21,650 Administration/Admission s 9,450 0 2,100 11,550 Chapel 5,100 0 0 5,100 Buildings to be Removed View Room/Hall 1,530 (1,530) 0 0 Maintenance/Photo Lab 2,696 (2,696) 0 0 Bookstore/Health Center 2,870 (2,870) 0 0 Arts 3,648 (3,648) 0 0 Preschool 2,998 (2,998) 0 0 Library 4,072 (4,072) 0 0 Pool Equipment 208 (208) 0 0 Subtotal Existing Buildings 92,268 (18,022) 14,916 89,162 Library 26,710 26,710 Maintenance 1,975 1,975 Athletic Building 33,243 33,243 Subtotal New Buildings 61,928 61,928 Total Square Footage 76,844 151,090 Source: Rasmussen & Associates, Proposed Master Site Plan 3-36 Resolution No. 2010-42 Exhibit A Page 12 of 39 and approved by the City Council at its March 31, 2010 meeting (plans dated May 9, 2009), shall be allowed to exceed the maximum 10-foot height limit. 49) Building setbacks shall comply with the Institutional 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 or prior to the final inspection of grading activities, whichever occurs first. 50) The approved structures, including additions to existing structures, shall not exceed the building heights and number of stories described as follows: BUILDING LOWEST ADJACENT FINISHED GRADE MAXIMUM ROOF RIDGELINE MAXIMUM HEIGHT NUMBER OF STORIES Auditorium / Fine Arts Studio 925’ 942’ 17-feet One Faculty Building 912’ 940’ 28-feet Two Student Union (bookstore and faculty dining expansion) 910’ 940’ 30-feet Two Administration/Admissions 926’ 951’ 25-feet One Library Building 912’ 951’ 39-feet One Maintenance Building 913’ 933’ 20-feet One Athletic Building 897.75’ 930’ 32.25-feet Two 51) A Building Pad Certification shall be prepared by a licensed engineer and submitted to Community Development Director and the Building Official 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 Community Development Director and the Building Official prior to the final framing certifications for each building. 52) New or replaced flagpoles shall be permitted at a maximum height of 16-feet, as measured from adjacent finished grade to the highest point of the flag poles. BUILDING DESIGN STANDARDS 53) Prior to the submittal of the Athletic Building plans into Plan Check, plans shall be submitted to the Director of Community Development to demonstrate that the 3-37 Resolution No. 2010-42 Exhibit A Page 13 of 39 portion of the Athletic Building that was allowed by the Planning Commission at 41-feet in height (elevation 938.75’) has been reduced in height by a total of 10- feet from the height of the original Athletic Building so that the maximum roof ridgeline does not exceed an elevation of 930’. The Community Development Director shall determine that the revised Athletic Building is designed in compliance with the City Council’s decision at its March 31, 2010 meeting. 54) The applicant shall submit an Architectural Materials Board for review and approval by the Community Development Director prior to issuance of building permits. The Materials Board shall identify, at a minimum, a sample of the proposed exterior building materials, roof tile materials, and paint colors for all new, expanded and modified structures. Such materials shall substantially comply with the materials called out on the project plans approved by the City Council on March 31, 2010 including, but not limited to, the use of stone veneer facades, stained wood trellises, cast-stone caps, stone veneer columns, and baked enamel aluminum windows with tinted glazing to name a few. 55) All new, expanded or modified buildings, including but not limited to the Athletic Building, the Library, the Student Union, and the Classroom buildings shall be finished in a muted earth-tone color, as deemed acceptable by the Community Development Director based on the review of the Materials Board. 56) The roof materials for all new, expanded or modified buildings with pitched roofs, including but not limited to the Library, Student Union, Athletic Building as revised per Condition No. 53, and Classrooms, shall be tile, consisting of a muted color, as deemed acceptable by the Community Development Director based on the review of the Materials Board. To the extent permitted by the City’s Building Code, 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 project, as deemed acceptable by the Community Development Director. 57) 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 solid roof cover to screen the bins from view from all public rights-of-way and surrounding properties. Trash enclosures shall be prohibited in all setback areas. 58) Mechanical equipment, vents or ducts shall not be placed on roofs unless approvals are obtained pursuant to Section 17.48.050 of the RPVMC regarding building heights and screening from view of all public rights-of-way and surrounding properties. This condition shall apply to all new and expanded 3-38 Resolution No. 2010-42 Exhibit A Page 14 of 39 project buildings, including but not limited to the Athletic Building, Student Union, and Library Building. 59) 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. CONSTRUCTION PHASING 60) This Facilities Expansion Plan approval shall remain valid as set forth below, and shall be constructed in no more than 3 phases totaling 36 months of actual construction time over a period not to exceed eight (8) years from the date the approval becomes final: a. Phase One (Years 1-2): Phase One includes demolition of existing buildings, grading including the installation of drainage and water quality facilities, installation of utilities, the construction of new parking areas, athletic field, tennis courts, and the installation of temporary modular buildings to replace demolished facilities and those buildings subject to future construction. The planning entitlements, including grading and building permits, for all construction described under Phase One shall remain valid and the construction thereof shall be completed no later than September 30th of the year that is two years from the date the decision becomes final. Approvals for any Phase One components that are not completed with the two-year period shall lapse and become null and void unless an extension is granted by the City Council at a duly noticed public hearing. b. Phase Two (Years 2-5): Phase Two includes fine grading, the construction of the new library, maintenance facility, Athletic Building, outdoor pool, and additions to the faculty building and student union. The planning entitlements, including building permits, for all construction described under Phase Two shall remain valid and the construction thereof shall be completed no later than five (5) years from the date the decision becomes final. Approvals for any Phase Two components that are not completed with the five-year period shall lapse and become null and void unless an extension is granted by the City Council at a duly noticed public hearing. c. Phase Three (Years 6 -8): Phase Three includes the construction of the new fine arts building and an addition to the admissions building. The planning entitlements, including building permits, for all construction described under Phase Three shall remain valid and the construction thereof shall be completed no later than eight years from the date the decision becomes final. 3-39 Resolution No. 2010-42 Exhibit A Page 15 of 39 d. All project buildings and improvements stated in these Conditions of Approval shall be completed in a total of three (3) years of construction activity and Certificates of Occupancy shall be issued within eight (8) years of the final decision of the project. All elements of the approved Facilities Plan that are not completed within the time period stated in this Condition shall require additional review and approval through an additional revision to Conditional Use Permit No. 9 and additional CEQA review if required. TEMPORARY MODULAR BUILDINGS 61) The installation and use of temporary modular buildings (consisting of several modular segments each, as shown on the Phase One phasing site plan prepared by Rasmussen Associates) shall be permitted until the completion of the applicable permanent buildings or additions in Phase Two or Phase Three and in no event longer than eight years from the issuance of the first grading or building permit for Phase One, unless a revision to this CUP is approved. Upon the issuance of the certificate of occupancy for the applicable building or addition, the temporary modular building serving such use shall be removed from the project site within 30-days and the site restored to a condition deemed acceptable by the Community Development Director. 62) The permanent use of the temporary modular building shall be prohibited unless a revision to this CUP is approved. 63) The temporary modular buildings shall not exceed 15-feet in height, as measured from the lowest adjacent grade to the highest roof ridgeline. 64) The exterior facades for the temporary modular building facades shall be painted a neutral color to match existing or the new structures and incorporate materials that are similar to the proposed finish for the permanent buildings (not including Palos Verdes Stone or other stone material) as deemed acceptable by the Community Development Director. 65) The areas adjacent to the temporary modular buildings shall be landscaped to reasonably screen the buildings from Palos Verdes Drive East and properties to the south as deemed acceptable by the Community Development Director. 66) A building permit shall be obtained for applicable modular exterior improvements (e.g., decks, stairs, facade details, etc.) from the Department of Building and Safety. 3-40 Resolution No. 2010-42 Exhibit A Page 16 of 39 GRADING 67) The following maximum quantities and depths of grading are approved for the Facilities Expansion Plan, as shown on the Preliminary Grading Plan received by the City on March 5, 2010 and reviewed and approved by the City Council at its March 31, 2010 meeting: a. Maximum Total Grading (Cut and Fill): 79,155 cubic yards. b. Maximum Cut: 39,255 cubic yards (13,545 cubic yards with 15% shrinkage). c. Maximum Fill: 39,900 cubic yards. d. Maximum Depth of Cut: 25 feet. e. Maximum Depth of Fill: 18 feet. The maximum grading quantities shown above shall constitute total on-site earth movement, including but not limited to, combined raw cuts and fills (outside and under building footprints, parking lots, walkways, athletic facilities, etc.) remedial grading, and buttressed slopes to name a few. The Community Development Director shall be authorized to allow deviations to the above grading quantities up to 200 cubic yards over the stated maximum quantities for unforeseen circumstances or due to conditions encountered in the field provided that such deviation or modification to the grading quantities achieve substantially the same results as with the strict compliance with the grading plan. Any modifications resulting in additional grading in excess of the above quantities shall require approval of an amendment to the grading permit by the City Council at a duly noticed public hearing. This is a balanced grading project. No import or export of earth shall be permitted, except for fine grading materials, such as select fill and landscaping soils/materials. 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. Additionally, prior to the final inspection, the applicant shall provide the City with documentation of the location of existing or relocated bentonite soil material. If applicable, the as-built grading plan shall identify all revisions to the City Council’s approved grading plan. 68) Should the project require removal or delivery of earth, rock or material other than demolition and construction debris and waste from the site or building materials, the applicant shall first obtain City approval in the form of a revised Conditional Use Permit and Grading Permit application. Said review shall 3-41 Resolution No. 2010-42 Exhibit A Page 17 of 39 evaluate potential impacts to the surrounding environment associated with such export or import. If the revised grading impacts results in impacts greater than those 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. 69) The grading plans shall identify the location of the building geologic setback line. Limited irrigation shall be allowed within the geologic setback area as reviewed and approved by the City geologist pursuant to Condition Nos. 79 and 171. All water runoff in this area shall be collected and diverted to the City approved drainage system for the project. 70) 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. 71) Recommendations made by the project applicant’s geologist, as modified by comments from the City’s Geologist, shall be incorporated into the design and construction of the project. 72) Prior to issuance of any grading permit, the City’s Geologist and Building Official shall review all applicable structural plans or design information and reports as deemed necessary by the City’s Geologist, Building Official, or both, including but not limited to, geotechnical reports during the Plan Check review process to ensure that the proposed project will not threaten public health, safety, and welfare. 73) If applicable, as determined by the City Geologist, prior to the issuance of any grading permit, 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. Said security shall be released after all grading related activities are completed and after the approval of the as-built grading plans by the Building Official. 74) Prior to issuance of any grading permit or building permit in any phase, the applicant shall submit to the City a Certificate of Insurance demonstrating that the applicant or its applicable contractor has obtained a general liability insurance policy in an amount not less than $5 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. 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 past, present and 3-42 Resolution No. 2010-42 Exhibit A Page 18 of 39 future 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 at all times during actual project construction until the approval of the Final Certificate of Occupancy for each Phase 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. Further, the insurance shall remain in place for a minimum period of five (5) years following final inspection and approval, but only as to the proposed drainage system, including detention basins. 75) Prior to issuance of any grading permits, a bond, cash deposit, or other City- approved security, shall be posted to cover the costs of grading in an amount to be determined by the 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. Said security shall be released after all grading related activities are completed and after the approval of the as-built grading plans by the Building Official. 76) Prior to issuance of a grading permit, the applicant shall provide the Community Development Director 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 that require watering for the control of dust. 77) Prior to the issuance of any grading permit, the applicant shall prepare a plan indicating, to scale, clear sight triangles, which shall be maintained at the reconfigured driveway intersection. No objects, signs, fences, walls, vegetation, or other landscaping shall be allowed within these triangles in excess of thirty inches in height as measured from the adjacent curb. 78) Prior to the issuance of any 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 drain facilities, including the detention basin, extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and 3) all water quality related 3-43 Resolution No. 2010-42 Exhibit A Page 19 of 39 improvements. Where determined necessary by the Director of Public Works, associated utility easements shall be dedicated to the City. 79) Prior to the issuance of any grading permit, the applicant shall record a restricted use covenant, to the satisfaction of the City Attorney and the City Geologist, that prohibits the development of buildings or other structures and improvements within the designated Building Geologic Setback Area as described in the applicant’s geotechnical reports and as depicted on the site and grading plans. Limited irrigation in this area shall be permitted pursuant to the approval of the City’s Geologist as stated in these Conditions of approval. Said Building Geologic Setback Area shall be shown on all future plans. 80) Prior to the issuance of building permits, a 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. As required in Condition No. 67, the applicant shall provide the City with documentation of the on-site location of bentonite soil material. 81) Prior to the issuance of a building permit, an as-built geological report shall be submitted for new structures to be founded on bedrock, and an as-built soils and compaction report shall be submitted for new structures to be founded on fill as well as for all engineered fill areas. 82) Prior to the issuance of any 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. 83) Prior to the issuance of any 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. 84) Except as specifically authorized by these approvals, foundations shall be set 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. 85) All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with 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 Community Development Director. 3-44 Resolution No. 2010-42 Exhibit A Page 20 of 39 86) The project shall comply with all appropriate provisions of the City’s Grading Ordinance, unless otherwise approved in these conditions of approval. 87) Grading activity on-site shall occur in accordance with all applicable City safety standards. 88) Prior to final grading inspection by Building and Safety, the graded slopes shall be properly planted and maintained in accordance with the approved Landscape Plan required in Condition Nos. 164 and 165. Plant materials shall generally include significant low ground cover to impede surface water flows. 89) 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 and shall be less than 35%. 90) Any water features (fountains, etc.), including the detention basin, 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 prior to the issuance of any grading permits. 91) The proposed swimming pool shall be lined and shall contain a leak detection system, subject to review and approval by the City’s Building Official. 92) The use of on-site rock crushing equipment and raw stone cutting shall be prohibited. However, cutting and shaping of pre-cut stone veneer, as deemed acceptable by the Community Development Director, for the final fitting and installation of said stone veneer on the building and site walls shall be allowed provided that the stonecutting occurs immediately adjacent to the areas where the stone veneer is being applied and as far as possible from nearby residences. The Community Development Director has the authority to limit any stone cutting that is determined by the Director to adversely impact the neighbors, including but not limited to restricting the hours of stone cutting, restricting the areas of stone cutting and/or limiting the number of stone cutting saws and requiring saws to be located within a structure. 93) Retaining walls shall be limited in height as identified on the grading plans reviewed and approved by the City Council at its March 31, 2010 meeting. Any retaining walls exceeding the permitted heights shall require the processing of a revised grading permit for review and approval by the City Council at a duly noticed public hearing as set forth in the provisions of the Municipal Code. 3-45 Resolution No. 2010-42 Exhibit A Page 21 of 39 UTILITIES 94) Prior to issuance of the final inspection for the project grading, all new 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. 95) No above ground utility structure cabinets, pipes, or valves shall be constructed within the public rights-of-way without prior approval of the Director of Public Works. If permitted, above ground utility structure cabinets, pipes, or valves shall not impede on the pedestrian circulation flow. 96) 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 building. 97) Prior to issuance of any building or grading permits, the applicant shall prepare sewer plans in accordance with the Countywide Sewer Maintenance District. The applicant shall be responsible for the transfer of sewer facilities to the Countywide Sewer Maintenance District for maintenance. 98) A sewer improvement plan shall be prepared as required by the Director of Public Works, Building Official, and the County of Los Angeles. 99) 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. 100) Prior to issuance of any final Certificate of Occupancy, if applicable, the applicant shall dedicate sewer easements to the City, subject to review and approval by the Community Development Director and the Director of Public Works with respect to the final locations and requirements of the sewer improvements. 101) Sewer Improvement plans shall be approved by the County of Los Angeles, the County Sanitation Districts, and the Director of Public Works. 102) 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. 3-46 Resolution No. 2010-42 Exhibit A Page 22 of 39 103) 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 Community Development Director. In addition, an easement to California Water Service shall be dedicated prior to issuance of any grading or building permits. 104) The project site shall be served by adequately sized water system facilities that shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the development. Domestic flow requirements shall be determined by the City Engineer. Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Los Angeles County Fire Department is required prior to issuance of building permits. 105) 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 such structures. 106) 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 project. 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. 107) 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. HYDROLOGY AND WATER QUALITY 108) Prior to issuance of any grading permit, the applicant shall submit an updated Master Drainage Plan for the College campus and any adjacent tributary area, including supporting documents, for review and approval by the Director of Public Works, Building Official, and Geologist. The Plan shall demonstrate adequate 3-47 Resolution No. 2010-42 Exhibit A Page 23 of 39 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 East immediately abutting the project site. The updated Master Drainage Plan shall also include, but not be limited to, the items listed in the adopted Mitigation Monitoring and Reporting Program and the following: • Drop inlets connecting to the proposed storm drain system shall be added along the eastern edge of the subject site including the eastern parking area. The added drop inlets shall extend to the rose garden. • An on-site storm water collection system that is designed to prevent water run-off flows from entering off-site properties, including properties on Vista del Mar and the City-owned San Ramon Reserve (Palos Verdes Nature Preserve) • Identification of the final size of the detention basin. • Sheet overflow and ponding shall be eliminated or the floors of buildings with no openings in the foundation walls shall be elevated to at least twelve inches above the finished pad grade • Calculations shall be made according to the latest adopted Los Angeles County Department of Public Works Drainage Calculation Methodologies. 109) 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) to ensure compliance with the current California State Regional Water Quality Control Board (RWQCB) regulations. 110) The irrigation system and area drains proposed shall be reviewed and approved by the City’s Geotechnical Engineer, Building Official and Director of Public Works. 111) A construction specific drainage report(s) 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 Building Official and the Director of Public Works. 112) All drainage swales and any other at-grade drainage facilities (detention basin, etc.), including gunite swales, shall be of an earth tone color, as deemed appropriate by the Community Development Director. 113) Prior to the issuance of any grading permit, the applicant shall demonstrate to the satisfaction of the Director of Public Works and City Engineer 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 Standard Urban Stormwater 3-48 Resolution No. 2010-42 Exhibit A Page 24 of 39 Mitigation Plan (SUSMP). If such integrity cannot be demonstrated, the applicant shall redesign the SUSMP to the satisfaction of the Director of Public Works and City Engineer, which may require off-site flows to be diverted into a piped system and carried though the site. 114) Prior to the issuance of any 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 agreeing to defend, indemnify and hold 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 to any improvements, persons or personal property located on the subject property due to the flow of off-site storm flows that are designed, as of the date the College’s drainage plans are approved by the City, to flow onto, over, and through the subject property (“Claims”). The indemnity agreement need not (i) obligate the Applicant or its successor or assigns to defend, indemnify or hold harmless any party other than the Indemnitees, or (ii) prohibit the Applicant or its successor or assigns from taking any action against parties other than Indemnitees with respect to the Claims or on any other basis. 115) Prior to the acceptance and final inspection of the storm drain system, all catch basins and public access points that crosses or abut an open channel shall be marked with a water quality message in accordance with the SUSMP and SWPPP. 116) Prior to issuance of any building or grading permit, the applicant shall submit for approval by the City a SUSMP pursuant to the guidelines in Development Planning for Stormwater Management – A Manual for the Standard Urban Stormwater Mitigation Plan (SUSMP) prepared by Los Angeles County Department of Public Works 2002 (or most current version). The SUSMP shall include both structural and non-structural BMPs and shall comply with RWQCB and applicable National Pollution Discharge Elimination System (NPDES) permits. The SUSMP shall identify how on-site flows and off-site water flows that mix with on-site water flows are treated for pollutants prior to leaving the site. The WQMP shall also include an Integrated Pest Management Plan (IPMP) that addresses the use of grasscycling and pesticides for the lawn and landscape areas including the athletic field. All costs associated with the review, installation and maintenance of the SUSMP and project related Best Management Practices (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. 3-49 Resolution No. 2010-42 Exhibit A Page 25 of 39 117) Prior to issuance of any final Certificate of Occupancy, the SUSMP Maintenance Agreement, outlining the post-construction Best Management Practices, shall be recorded with the Los Angeles County Recorders Office. 118) Prior to issuance of any building or grading permits, the applicant shall file any required documents, including the Notice of Intent (NOI), and obtain all required permits from the California RWQCB. 119) 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 RWQCB. 120) Prior to issuance of any final Certificate of Occupancy the applicant shall implement the project in full compliance with the standard urban storm water mitigation plan adopted by the RWQCB. 121) Prior to the approval of the SUSMP, 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. 122) Marymount College, or subsequent landowners, shall maintain all on-site drainage facilities, including, but not limited to structures, pipelines, open channels, detention and desilting basins, mechanical and natural filtering systems, and monitoring systems. The cost of maintaining these systems shall be based on costs estimated and developed by the applicant and approved by the Director of Public Works and the City Engineer. 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. 123) Subject to the agreement of Los Angeles County and if applicable, 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. SOURCE REDUCTION AND RECYCLING 124) Prior to issuance of any Certificate of Occupancy, 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 3-50 Resolution No. 2010-42 Exhibit A Page 26 of 39 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 classroom waste. The Plan shall also incorporate grass cycling, composting, mulching and xeriscaping in ornamental landscaped 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. 125) Prior to issuance of any building or grading permits, an approved Construction and Demolition Materials Management Plan (CDMMP or the Plan) shall be prepared and submitted to the Director of Public Works for approval. The CDMMP shall include all deconstruction, new construction, and alterations/additions. The CDMMP shall document how the Applicant will divert 85% of the existing on-site asphalt, base and concrete, through reuse on-site or processing at an off-site facility for reuse. The Plan shall address the parking lots, concrete walkways, and other underground concrete structures. The Plan shall also identify measures to reuse or recycle building materials, including wood, metal, and concrete block to meet the City’s diversion goal requirements as established by the State Integrated Waste Management Act (AB 939). In no case shall the Plan propose to recycle less than the State mandated goals as they may be amended from time to time. 126) Prior to issuance of any Certificate of Occupancy 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. 127) 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. 128) The project site design shall incorporate areas for collection of solid waste with adequate space for separate collection of recyclables. OPERATIONAL 129) Any repair work conducted in or outside the Maintenance Building that may be visible to the public, including from the public right-of-way, shall be screened with landscaping from public view. 130) Unless an earlier time is specified in these Conditions of Approval, campus facilities open for student, participant, and public use shall close by 10:00 p.m. 3-51 Resolution No. 2010-42 Exhibit A Page 27 of 39 with the exception of the Library, Auditorium, and Athletic Building, which shall close by 11:00 p.m. Notwithstanding the foregoing, the College may hold up to six student activity events, such as dances, within a calendar year in which campus facilities for such events may remain open until midnight provided that at least three weeks before the event, the College provides written notice of the special event to the Community Development Director. All such events shall also be posted on the College’s website. 131) The following areas of the campus shall be closed for all use between sunset and sunrise and such hours of closure shall be visibly posted in the applicable location, unless a special use permit is obtained: • Library Building outdoor deck • athletic field • tennis courts • Athletic Facility outdoor balcony • rose garden 132) Use of the outdoor pool shall be prohibited between 10:00 p.m. and 6:00 a.m. Monday through Friday, and between 8:00 p.m. and 6:00 a.m. on Saturday and Sunday, unless a Special Use Permit is obtained. 133) The delivery of goods and supplies, including food supplies, shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Sunday. 134) All regular truck deliveries shall use the loading docks adjacent to the student union. 135) 24-hour campus security shall be provided, including but not limited to the monitoring of parking lots, to ensure outdoor noise levels are kept to a minimum and the College’s Code of Conduct, as described in the Mitigation Monitoring and Reporting Program attached to Resolution No. 2010-41, is being adhered to. Between the hours of 7 a.m. and 7 p.m., Monday to Friday, a security guard shall be on duty at the information booth located near the campus entrance. At all other times, the campus security shall patrol the campus. 136) The use of outdoor amplification equipment for outdoor events shall be prohibited unless a Special Use Permit is obtained. Prior to September 1st of each year, the College may request an annual Special Use Permit to conduct no more than 24 outdoor events that include amplified sound, including sporting events, graduation ceremonies, and evening tent events, during the next twelve months (ending August 31st) Such activities and other outdoor events shall only be allowed to occur at Chapel Circle, the plazas adjacent to the Library and the 3-52 Resolution No. 2010-42 Exhibit A Page 28 of 39 Auditorium (as shown on the site plan approved by the City Council), and the outdoor pool area. The Athletic Field and Tennis Courts may only be used with amplified sound for graduation ceremonies. 137) The existing preschool shall discontinue its operation upon the demolition of the building occupied for this use in Phase I, as described in these Conditions of Approval. The future use of a preschool, either within an existing building or in a new building that needs to be constructed, shall require a revision to this Conditional Use Permit pursuant to the provisions stated in the RPVMC and the appropriate environmental review. 138) The College shall establish a Neighborhood Advisory Committee consisting of one representative selected by each of the following neighboring homeowner’s associations: El Prado, San Ramon, Mira Catalina, Seacliff Hilltop, and Mediterrania; two at-large representatives who live within 3000 feet of the campus (one of which shall be selected by the Community Development Director and one by the College); and a representative from City Staff (non-voting member). The Committee shall meet, at a minimum of once every fall and spring term, to review any campus operational and neighborhood concerns. Reports on the meetings shall be provided to the City Council. PROGRAMS / STUDENT ENROLLMENT 139) The use of the College campus is permitted for only the following academic and recreational programs and related activities as further described below and defined in Condition 140: • Traditional Degree Programs • Non-Traditional Degree Programs • Continuing Educational Programs, such as but not limited to English as a Second Language (ESL) • Recreational Activities • Summer Educational Programs, such as but not limited to: o Upward Bound o High School Courses o International Students Taking ESL courses The use of the campus by groups or organizations unaffiliated with the College’s educational and recreational programs listed above that would have less than 100 participants or visitors present on campus at one time or would occupy less than 20% of the 463 required parking spaces during such use is also allowed. Any and all other uses and activities on the College campus that do not meet this threshold are prohibited unless approved with a revision to this Conditional Use 3-53 Resolution No. 2010-42 Exhibit A Page 29 of 39 Permit or a Special Use Permit is obtained, whichever is applicable based on the request. The sub-leasing of the campus for commercial purposes that are unaffiliated with the College is prohibited. 140) The College’s “Traditional Degree Programs” are the academic programs (Associates and Bachelors degrees) that offer classes primarily during the day on weekdays (Monday to Friday). The College’s “Non-Traditional Degree Programs” are the academic programs (Associates, Bachelors, and Masters degrees) that offer classes, including post-secondary academic classes, primarily during weekday evenings and on weekends (Saturday and Sunday), so as to generally avoid overlap with the class schedules of the Traditional Degree Programs. The Traditional and Non-Traditional Degree Programs are referred collectively as the “Degree Programs.” 141) The College may also provide lifelong learning programs (“Continuing Education Programs”) such as English as a second language (ESL). For the purposes of this Conditional Use Permit, all students in such Continuing Education Programs will be included as part of the total full-time and part-time permitted student enrollment for both the Traditional and Non-Traditional Degree Programs. The determination as to which enrollment category such students are counted towards will be based on whether the applicable classes are primarily offered during the weekdays (in which case the students would be classified as part of the Traditional Degree Program enrollment) or nights/weekends (in which case they would be classified as part of the Non-Traditional Degree Program enrollment). 142) As used in this Conditional Use Permit, a “student” means either a “full-time student,” who is a person enrolled in a Bachelor of Arts or Associates of Arts Degree Program or a Continuing Education Program on campus for at least 12 hours of course work during the applicable Term (as defined below), or a “part- time student,” who is a person enrolled in a Bachelor of Arts or Associates of Arts Degree Program or Continuing Education Program on campus for at least 3 hours, but up to 11 hours, of course work during the applicable Term. 143) The campus facilities may also be used for “Summer Educational Programs.” Summer Educational Programs are educational programs for persons generally 14 years or older such as college-credit classes for local high school students, Upward Bound, and international students taking ESL classes along with other educational classes and recreational activities. Persons enrolled in Summer Educational Programs are referred to in this CUP as “participants” for the purpose of establishing enrollment limitations. 3-54 Resolution No. 2010-42 Exhibit A Page 30 of 39 144) The College may operate throughout the calendar year under the following general “Term” schedule: “Fall Term” (August through December), “Winter Term” (January), “Spring Term” (February to May) and “Summer Term” (June through July/August). The College shall provide all of its incoming students a driver’s training course regarding local roadway conditions. The total number of students receiving the required driver’s training course shall be included in the enrollment report for each term as described in Condition No. 146. 145) The following enrollment limitations apply: A. The maximum total permitted enrollment in Traditional Degree Programs on campus during the Fall, Winter, and Spring Terms is 793 students (full- time and part-time). Of these 793 students, a maximum of 250 students shall be enrolled in a Bachelor of Arts degree program (BA Program). For the Summer Term, if other educational or recreational programs are concurrently offered during weekdays, the maximum total permitted enrollment in Traditional Degree Programs must be proportionally reduced so that the combined enrollment in all such programs (e.g., Traditional Degree Programs and Summer Educational Programs) does not exceed a total of 600 students (full-time and part-time) and participants. B. The maximum total permitted enrollment in Non-Traditional Degree Programs on campus during any Term is 150 students. C. The maximum total permitted enrollment in any combination of Traditional Degree Programs and Summer Educational Programs offered concurrently during summer weekdays (June to August) is 600 students and participants. 146) The College shall submit to the City an enrollment report for each Term within an academic year for all Traditional and Non-Traditional Degree Programs and Summer Educational Programs no later than 30-days after a term has commenced. Failure to submit such a report on a timely basis will constitute a violation punishable by administrative citation per the RPVMC. NOISE / MECHANICAL EQUIPMENT 147) All new mechanical equipment, regardless of its location, shall be housed in enclosures designed to attenuate noise to a level of 65 dBA CNEL at the project site’s property lines. Mechanical equipment for food service shall incorporate filtration systems to reduce exhaust odors. 3-55 Resolution No. 2010-42 Exhibit A Page 31 of 39 148) Mechanical equipment shall be oriented away from any sensitive receptors such as neighboring residences, and where applicable, must be installed with any required acoustical shielding. 149) 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 Federal holidays listed in the RPVMC. 150) Noise levels resulting from on-campus activities (parking areas, athletic field, tennis courts, swimming pool, and outdoor gathering areas and plazas), including those allowed through the annual Special Use Permit except for graduation ceremonies, shall not exceed 65 dba CNEL at all property lines. Within 6 months of completion of each Phase of the Facilities Plan, as described in these conditions, the College shall provide the City with sound test reports prepared by a certified noise consultant that is approved by the Community Development Director. Said sound test reports shall be taken at locations indentified by the Community Development Director, to establish compliance with this condition. The College shall establish a Trust Deposit, in an amount deemed acceptable by the Community Development Director, to cover all City costs incurred for the noise monitoring. LIGHTING 151) The applicant shall prepare and submit a Lighting Plan for the project site that is in compliance with the RPVMC. The Lighting Plan, including a Photometric 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 and sidewalk lighting, parking lot lighting, landscape ambiance lighting, and main entry sign lighting. The Lighting Plan shall be submitted for review and approval by the Community Development Director prior to issuance of any building permit. An as-built lighting plan shall be submitted to the City prior to the issuance of the Final Certificate of Occupancy for each construction phase (as described in the conditions herein). Prior to the installation of any on-site lighting for the parking lots and walkways, one illuminated mock-up of each type of light fixture that would be used for the parking lots and walkways shall be set-up for review and approval by the Community Development Director to ensure compliance with the Municipal Code. The applicant shall make any adjustments to the light fixtures determined 3-56 Resolution No. 2010-42 Exhibit A Page 32 of 39 by the Community Development Director necessary to prevent the fixture from being excessively bright or creating other adverse impacts. 152) 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 thirty (30) days from the installation of all the project exterior lighting, including building and parking lot lighting shall be assessed for potential impacts to the surrounding properties. At the end of the thirty (30) day period, the Community Development Director may require additional screening or reduction in the intensity or numbers of lights which are determined to be excessively bright or otherwise create adverse impacts. Furthermore, said lighting shall be reviewed as part of the six (6) month review described in Condition No. 18. 153) No outdoor lighting is permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light source or fixture is located on a building with no eaves, or if located on a standard or pole, the light source or fixture shall not be more than ten feet above existing grade, adjacent to the building or pole. 154) No outdoor lighting shall be allowed for the tennis courts or the athletic field, other than safety lighting used to illuminate the walkways and trails through the campus. A Special Use Permit shall be obtained for the temporary use of lighting in these areas for special events as described in Condition No. 139. 155) The light standards at the parking lot along the property line adjacent to the properties located on San Ramon Drive shall be no higher than the top of the existing 5-foot tall privacy wall. 156) The light standards at the east parking lot, located within the lower tier, shall be limited to a height of 42-inches, as measured from adjacent finished grade. PARKING 157) Prior to the issuance of any grading permit, a Parking Lot Plan shall be reviewed and approved by the Community Development Director. 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. 3-57 Resolution No. 2010-42 Exhibit A Page 33 of 39 158) The applicant shall construct and maintain no fewer than 463 on-site parking spaces consisting of 391 standard parking spaces at a minimum dimension of 9’ wide by 20’ deep and a maximum 72 compact parking spaces at a minimum dimension of 8’ wide by 15’ deep. In addition, the applicant shall construct and maintain off-street loading spaces pursuant to the criteria set forth in Section 17.50.050 of the RPVMC. Prior to the completion of Phase I, as described in Condition No. 60, the applicant shall institute, to the satisfaction of the Community Development Director and the Director of Public Works, a Parking Management Strategies Plan to reduce College related parking in order to minimize street parking by students and visitors by the following values: • 11 percent or greater for student enrollment between 744 and 793; • 6 percent or greater for student enrollment between 694 and 743; • 0 percent or greater for student enrollment of 693 or less. Parking Management Strategies may include, but are not limited to, the following: • Provision of “carpool only” parking spaces • Implementation of parking restrictions for students living in College-owned off-campus residential housing • Utilization of remote parking • Provision of increased shuttle service • Offering of financial incentives, such as providing transit passes • Utilization of campus security to direct vehicles to available on-campus parking during peak times (8am to noon, Monday through Friday) • Utilization of campus security personnel to monitor street parking and direct students and visitors to available on-campus parking spots A Parking Management Strategy Program shall be prepared and submitted by the Applicant for review and approval by the Community Development Director, by July 1st of every year. Said Program shall: • Document the prior-year’s achieved parking demand reductions; • Identify strategies for use in the upcoming academic school year; • Be modified on an as needed basis, as deemed necessary by the Community Development Director. 159) Parking on the east side of the campus adjacent to the properties on San Ramon Drive in the area marked on the site plan reviewed and approved by the City Council at its March 31, 2010 meeting shall be limited to faculty and staff 3-58 Resolution No. 2010-42 Exhibit A Page 34 of 39 between 7:00 a.m. and 10:00 p.m. All parking between 10:00 p.m. and 7:00 a.m. is prohibited in this area. 160) Parking at the lower terrace of the eastern parking lot in the area marked on the site plan reviewed and approved by the City Council at its March 31, 2010 meeting shall be prohibited between 7:00 p.m. and 7:00 a.m. During this period this portion of the parking lot must be closed off with the use of a chain or other similar devise to prevent cars from parking or accessing this area. 161) Prior to the final inspection of project grading in Phase One, emergency vehicular access shall be installed at the project site. A plan identifying such emergency access shall be submitted to the Los Angeles County Fire Department and the Director of Public Works for review and approval prior to issuance of any building permit. 162) Prior to issuance of any building permit, the applicant shall prepare an Emergency Evacuation Plan for review and approval by the Community Development Director. Such plan shall comply with the City’s SEMS Multihazard Functional Plan. 163) The use of grasscrete pavers shall be prohibited within the Geologic Building Setback Area. LANDSCAPING 164) 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 Community Development Director, a qualified Landscape Architect, and an Arborist 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. The Landscape Plan shall include, at a minimum, the plant species (Latin and common names), growth rate, and maximum height at maturity for all proposed trees. The Landscape Plan shall also identify the areas to be landscaped based on the phased construction plan described in these conditions of approval. Included in the Landscape Plan shall be a maintenance schedule as stated in these conditions. During the Director’s review, the Landscape Plan shall also be made available to the public for review and input. The 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. All new trees and 3-59 Resolution No. 2010-42 Exhibit A Page 35 of 39 foliage shall not exceed 16-feet in height, as measured from grade adjacent to the tree or foliage, except along the south slope of the campus where the height of such new trees must be maintained at a level below the ridgeline of the nearest structure to the tree or foliage. Prior to the completion of Phase I, as described in Condition No. 60, the existing eucalyptus trees located on the upper western portion of the southern slope and the existing canary pine trees located at the existing parking lot and drop-off circle shall either be laced, trimmed, removed or any combination thereof, as determined by the Community Development Director to restore views of Catalina Island from the viewing area of properties to the north, including 2925 Crest Rd. 165) The applicant shall preserve existing on-site mature trees for the purpose of incorporating the mature trees into the landscaping of the southern slope, which shall be planted in a manner to reasonably screen the Athletic Building and the retaining walls that support the Fire Access Lane when viewed from the Palos Verdes Drive East roadway. The selection of the mature trees for preservation and re-planting shall be made by the Community Development Director based on consultation with the City Arborist. The re-planting of the mature trees shall occur prior to the completion of Phase I as described in Condition No. 60. Additionally, the applicant shall replace any of the existing trees removed from the southern slope and the adjacent area prior to the completion of Phase I, as described in Condition No. 60, with 24” box trees at a 2:1 ratio, to minimize the scarring or erosion of the southern slope that may result from the project grading. Included in the Landscape Plan described in the above Condition No. 164, the applicant shall indicate the location of the existing mature trees that will be removed, preserved, and replanted. The replacement tree species shall be approved by the Community Development Director based on consultation with the City Arborist as part of the Landscape Plan review and prior to the issuance of any grading permit. If any of the retained mature trees become diseased or die, such trees shall be removed and replaced with 24” box trees at a 2:1 ratio by the applicant within thirty days of removal with a tree species approved by the Community Development Director after consultation with the City Arborist. The College shall establish a Trust Deposit account with the City to cover costs incurred by the City Arborist’s in implementing this condition. 166) Where practical, landscaping shall be planted and maintained to screen the project buildings, 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. Landscaping, as described in Condition No. 165, shall be planted and maintained to reasonably screen the Athletic Building and the retaining walls for the Fire Access Lane from Palos Verdes Drive East and down-slope properties. 3-60 Resolution No. 2010-42 Exhibit A Page 36 of 39 167) All landscaping shall be planted and maintained in accordance with the City approved Landscape plan. During project construction, the respective planting for each phase must be completed prior to the issuance of the certificate of occupancy for the adjacent building or improvement area, as deemed appropriate by the Community Development Director. 168) The area between the retaining wall along the eastern parking area and the existing privacy wall for the adjacent properties along San Ramon Drive shall be used as a landscaped buffer area and planted with trees not to exceed 16-feet in height to provide additional screening. 169) The area between the front and street-side property lines and the required 42- inch wrought iron fence/wall adjacent to the parking areas and the 6-foot wrought iron fence along the curvature of Palos Verdes Drive East between the northeastern corner of the tennis courts and the detention basin shall be landscaped and maintained on both sides of the fence/wall. 170) Prior to issuance of any grading permit, a Campus Landscape Maintenance Plan shall be submitted and approved by the Community Development Director. At a minimum, the Campus Landscape Plan shall be consistent with the following requirements: • That landscape maintenance activities, including lawn mowing, are prohibited between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday, and on Sundays and Federal holidays. • That the use of weed and debris blowers and parking lot sweeping shall be prohibited before 8:00 a.m. or after 5:00 p.m., Monday through Friday, or before 9:00 a.m. or after 4:00 p.m. on Saturday or at any time on Sundays and Federal holidays. • General identification of the irrigation hours. • General tree pruning and trimming schedule. The implementation of the Campus Landscape Maintenance Plan shall be formally reviewed by the Community Development Director three (3) months after the installation of the campus landscaping for each phase of construction, and shall be subsequently reviewed by the City Council at the six (6) month review described in Condition No. 18. At either review, the Director and/or the City Council may determine that the Plan needs to be revised to address confirmed noise impacts. 3-61 Resolution No. 2010-42 Exhibit A Page 37 of 39 If the City receives any justified noise complaints that are caused by the maintenance of the athletic field or campus landscape and lawn areas, as verified by the Community Development Director, upon receipt of notice from the City, the College shall respond to said verified complaint by notifying the City of the implementing corrective measures within 24 hours from the time of said notice. Notice of the Director’s decision resulting from the 3-month review of Campus Landscape Maintenance Plan shall be provided to all interested parties and may be appealed to the City Council by any interested party. Any violation of this condition may result in the revocation of the Conditional Use Permit. 171) The area between the eastern parking lot and the property line (adjacent to the City-owned San Ramon Reserve) depicted on the approved site plan shall be landscaped with native plants that require little to no irrigation, as deemed acceptable by the City Geologist. Such landscaping shall be reviewed and approved by the Fire Department prior to planting for fuel modification compliance. Such plants shall not exceed a height of 42-inches, unless the Community Development Director determines that such landscaping may exceed 42-inches, but no higher than 7-feet, in order to minimize any view impairment to the properties at 2742 and 2750 San Ramon Drive. FENCES, WALLS, AND HEDGES 172) The applicant shall install and maintain a 42-inch tall combination wrought iron fence and wall, finished in a stone veneer similar to the approved entry signs, along the entire Palos Verdes Drive East frontage between the eastern property line (adjacent to the corner of the rear property line for San Ramon) to the northeastern corner of the eastern tennis courts. Said fence/wall shall be setback a minimum of 5-feet from the property line to allow this area to be landscaped, irrigated and maintained with approved plants, not to exceed 42- inches in height, as identified on the Landscape Plan. 173) The applicant shall construct a 6-foot tall screening wall along the College’s eastern property line, as depicted on the approved site plan, beginning at the southwest corner property line for Lot 26 (2742 San Ramon Drive / Tooley property). 174) The applicant shall install and maintain a wrought iron fence, painted black, along the westerly edge of the property, between the northeast corner of the tennis courts and the detention basin, at a maximum height of 6-feet and 80% open to light and air, as permitted with the City Council’s approval of the Minor Exception Permit, as part of planning case number ZON2003-00317. Said wrought iron fence shall be setback a minimum of 3-feet from the property line to allow this 3-62 Resolution No. 2010-42 Exhibit A Page 38 of 39 area to be landscaped, irrigated and maintained with approved plants, not to exceed 42-inches in height, as identified on the Landscape Plan. The installation of lighting onto said fence is prohibited. 175) The applicant shall install and maintain a retractable net at the south, north and west sides of the Athletic Field as depicted in Athletic Field Alternative D-2 and the plans dated December 2008 and January 2009. Said net, when extended, shall not exceed a height of 30-feet, as measured from the lowest adjacent grade (891’) on the Athletic Field side. The Athletic Field net shall be extended at all times when the field is used for recreational activities involving balls and shall be lowered at the conclusion of the recreational activity. Recreational activities requiring the use of said net shall be prohibited on Sundays and the Federal holidays listed in the RPVMC, unless a Special Use Permit is obtained. Use of the Athletic Field shall be prohibited for activities involving baseballs, golf balls, or other similar sized balls that cannot be adequately contained by the use of the field net. 176) The use of chain link fencing shall be prohibited within the front and street-side setback yards (along Palos Verdes Drive East) with the exception of the chain link fencing for the tennis courts permitted with the City Council’s approval of the Minor Exception Permit, as part of planning case number ZON2003-00317. 177) The chain link fence for the tennis courts shall be 20-feet in height along the entire perimeter of the westerly tennis courts and 10-feet in height for the easterly tennis courts (including combined retaining walls and fencing), as measured from the lowest adjacent finished grade to the top of the fence. Said fence shall consist of a green or black mesh that is 80% open to light and air. The installation of lighting onto said fence is prohibited. 178) All pools and spas shall be enclosed with a minimum 5’ high fence (80% open to light and air), with a self-closing device and a self-latching device located no closer than 4’ above the ground. SIGNS 179) The applicant shall be permitted to construct two entry signs, adjacent to the driveway entrance at Palos Verdes Drive East and Crest Road, at a maximum height of 6-feet and affixed to a stone veneer decorative wall, as illustrated in the project plans reviewed by the City Council on March 31, 2010. The entry signs shall consist of individually mounted brass finished letters that are reverse channel lighting (back lit). 3-63 Resolution No. 2010-42 Exhibit A Page 39 of 39 180) Prior to the issuance of any grading permit by Building and Safety, the applicant shall submit for review and approval by the Community Development Director a Master Sign Plan that is consistent with the sign requirements of the RPVMC. The Master Sign Plan shall include, but not be limited to, the entry identification signs for the College, the way-finding signs, the building signs, and other signs related to an educational use to ensure that such signs are in compliance with the City’s Codes. 3-64 Marymount College PALOS VERDES,CALIFORNIA July 6,2011 Mr.Joel Rojas Director,Planning,Building &Code Enforcement City of Rancho Palos Verdes 30940 Hawthorne BI. Rancho Palos Verdes,CA 90275 Dear Mr.Rojas, 30800 Palos Verdes Dnve East Rancho Palos Verdes.CA 90275 Phone"310-377-5501 www.marymountpvedu RECEIVED JUL 08 2011 COMMUNITY DEVELOPMENT DEPARTMENT In a memorandum from Mr.Donald Davis,Counsel for Marymount College,to City Attorney Carol Lynch, dated June 9,2011,the College has concluded that there appears to be only one outstanding condition related to the 2010 Revision "E"to CUP No.9;Condition No.138,the establishment of a Neighborhood Advisory Council.In the memorandum,the College has indicated its desire to move forward with the establishment of this Council.The College anticipates working with City officials to proVide nominations for the Council later this summer. In addition to the above noted item,the memorandum indicates that there are other conditions or mitigation measures that while not technically mandated at this time,the College Will proVide responses to and voluntarily comply with.The College submits responses to those conditions as follows: In response to Condition No.158/TR-5/6 related to Parking Management and Strategies to minimize street parking,the College provides the follOWing: •Designated Carpool Parking Spaces -The College anticipates providing up to 40 carpool parking spaces in specially marked area of the campus. •Additional Shuttle Services to the Campus -The College will provide additional shuttle services fiv;r:College residential s:tes.Additio:l3lS2t-.tices 1nch..d1rjg "express ll shuttles l.vil!Of::s.::heduled during peak hours to prOVide further incentives to riders.With additional vehicles,the College will go from two trips from College residential sites per hour during peak periods,to four trips. •Financial Incentives -The College will provide financial incentives in the form of free shuttle services to students.In addition,a trial-run gift card program will be instituted for carpoolers for the fall semester 2011. •Increased role of Campus Security -College Campus Security staff will be tasked with directing traffic to open spaces on campus,particularly during peak hours.In addition,staff will be utilized to monitor street parking in an effort to encourage on-campus parking and the use of transit services. •Restricted Access to Campus Parking -The College is currently considering limiting on-campus parking to students residing in College prOVided housing.While this solution may not be fully 3-65 implemented in the fall of 2011,the College anticipates having such a program in place by the fall of 2012. In response to the Environmental Impact Report item PSU -6,a Recycling Program,the College provides the following: •Landscaping Waste -Grass clippings,when collected from athletic fields,together with miscellaneous landscape waste is mulched to the extent possible and spread as a barrier to weed growth on various areas of the campus. •Bottle and Can Recycling -Bottles and cans are collected in separate containers across the campus and disposed of in designated recycle containers.Under some circumstances,student groups organize to raise funds through recycling efforts. •Paper Recycling -The College currently collects paper in designated containers across the campus and disposes of such in designated recycling recept3c!es for remaval from the campus. •Verifying Recycling Efforts -The College is now determining how best to assess and report to the City the volume of tonnage the College sends to solid waste disposal and to recycling, composting and grasscycling.The College anticipates having a process in place for assessing these efforts by the fall of 2011. In response to Mitigation and Monitoring Programs referenced as LU-l,Athletic Association Membership Report,the College submits the following: •The College continues to compete as an NAIA (National Association of Intercollegiate Athletics) member with scheduled competition in Men's and Women's Soccer during the 2011-2012 academic year. In response to Condition No.43 -Indemnification/Insurance •The College has forwarded the requirements for insurance as specified in Condition No.43 to its broker.The requested information/additionally insured certificate is anticipated to be delivered to the City in July,2011. Please contact me directly should you have questions about this information. C:Dr.Michael Brophy -President,Marymount College 3-66 Marymount College PALOS VERDES,CALIFORNIA July 26,2011 By E-Mail and U.S.Mail Ara Mihranian Deputy Director of Community Development City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275-5391 30800 Palos Verdes Drive East Rancho Palos Verdes,CA 90275 Phone,310-377-5501 www.marymountpv.edu Re:Marymount College -CUP Operational Conditions Compliance Dear Mr.Mihranian: I write in furtherance of recent communications between Marymount and City staff regarding the status of certain operational conditions of Marymount's Conditional Use Permit (CUP No.9 Revision "E"). Condition No.15 -Transportation Demand Management and Trip Reduction Ordinance. While compliance is,as stated in Municipal Code Section 10.28.030 (A), reviewed at the time of approval of a project (which occurred),Marymount has long met the requirements of the ordinance.Specifically,Marymount maintains the information listed in Section 10.28.030(B)(1)(i.e.,public transit routes,ridesharing,etc.)in its General SeNices office,posts this information at the entrance to the Student SeNices building and also publishes this information on the College's Residential Life website. With respectto the development standards in Section 10.28.030 (B)(2)and (3), Marymount maintains far more than 10%of its employee parking in areas as close as practical to employee entrances.For the academic year beginning in August,2011, there will be 40 spaces reseNed and posted for carpool vehicles,which spaces are in prime locations and are of sufficient size to fit large vehicles such as a van.There are also 10 bicycle racks on campus,and there are locker rooms where employees or students who cycle to campus can shower and change. Finally,the current campus layout as well as that of the approved master plan provide appropriate drop-off and pick-up locations,designated sidewalks and pathways from parking areas to campus buildings,and,as noted above,on-site bicycle racks/parking. LA #4815-3756-4682 vi 3-67 Ara Mihranian Marymount College CUP Compliance July 26,2011 Page 2 Condition No.130 -Hours of Operation I understand that the City has received no verified complaints that Marymount is not adhering to the stated hours of operation in this condition and that the City is simply looking for confirmation that these closing hours are being adhered to by Marymounl. The College follows the stated facility closing times,and will provide the requisite advance written notice for the six permitted student activities that may extend beyond these hours. Condition No.131 -Closure of Certain Facilities in the Evening Marymount does not use the two listed existing facilities (athletic field and tennis courts)after sunset,and will obtain the required special use permit if any programmatic needs necessitate such evening use. Condition No.132 -Pool Hours Marymount limits use of the outdoor pool to the permitted weekday and weekend hours and will obtain a Special Use Permit if an activity or event requires the use of this facility outside of the permitted hours. Condition No.135 -Campus Security Marymount staffs and maintains 24-hour security services whose responsibilities include monitoring for compliance with noise and general conduct issues.As discussed, there will not be an informational booth at the entrance to the campus until Phase I is completed,however,the security patrol does actively monitor the entrance area, particularly during peak regular hours. Condition No.144 -Drivers Training Course Regarding Local Roadway Conditions As part of the College's mandatory orientation program for new students, Marymount reviews with these incoming students local roadway conditions and general driver safety issues.We discourage students from using routes that would take them along the "switchback"portion of Palos Verdes Drive East between the campus and Palos Verdes Drive South.We also emphasize and encourage new students to use the campus shuttle service,which is a safer and an enVironmentally superior alternative to LA #4815-3756-4682 v I 3-68 Ara Mihranian Marymount College CUP Compliance JUly 26,2011 Page 3 the use of individual vehicles.To further reinforce this message,the College will continue to invite a representative of the L.A.County Sheriff's Lomita station to address students at the beginning of each fall semester about local driving and traffic safety concerns.In addition,the College will provide the number of new students that participate in the orientation program as part of our enrollment report. Should you have any further questions or need additional information regarding campus operations and Marymount's compliance with the recently revised CUP,please do not hesitate to contact me. cc:Dr.Michael Brophy -President LA #4815-3756-4682 vi 3-69 CITYOF July 8,2011 Via email and U.S.Mail Ms.Lois Karp CCC/ME 31115 Ganado Drive Rancho Palos Verdes,CA 90275 COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT:Peninsula Bay Cities Summer Day Camp at Marymount College Dear Mrs.Karp, The following is the City's response to the complaint you filed on June 16,2011 on behalf of Concerned Citizens Coalition /Marymount College Expansion (CCC/ME)regarding use of Marymount College by Peninsula Bay Cities for its summer day camp.As you know,since filing the complaint,the City initiated an investigation to understand the operation of the summer day camp as it relates to the Conditions of Approval adopted by the City Council on June 1,2010 for Conditional Use Permit NO.9 Revision "E."Based on information gleaned from your complaint,from Marymount College,and from Peninsula Bay Cities and its website,City Staff and the City Attorney have determined that the operation of the summer day camp by Peninsula Bay Cities at the Marymount College is in compliance with the Council adopted Conditions of Approval.The following describes in detail the basis for this determination. By way of background,on November 10,2005,Marymount College submitted a revised project description for its requested Conditional Use Permit NO.9 Revision "E,"which was originally submitted to the City in May 2005 as part of the College's Application Binder. According to the revised project description,the College requested consideration of the continued operation of a summer community recreation program that was previously operating at Marymount College but was discontinued in 2004 when the City notified the College that the operation of the day camp was in violation of the then-conditions of approval for Conditional Use Permit No.9 Revision "C."The College's request for approval of the summer day camp is described as follows in the Project Applications Binder: Summer Community Recreation Program (section updated 11110105). Marymount College has historically provided a summer recreation program for area residents.The program is a typical day camp format that engages participants in outdoor sports and recreation activities as well as classroom based enrichment programming.The program also includes focused off-campus activities that have included horseback riding and golf. 30940 HAV\i 1HOlmE BLVLJ./r~AN(:HO [)ALOS VERDES,(:A 80275-5381 IJ[ANNINt 1 &c:(lDf-f Nr (}r~CI Mf-Nr DIVISiON (310)h44-h22f3 I Bllll DIN(1 &Si\FFT'r DIVISI(IN (3HJ)2ri~)-78(JO /DEPT FAX (310):J44-52:13 F MAil Pl ANNIN(.;@[~r)v(;(1M I \/1/\V'vVI.l1\1 ()SVFr~[)FS c:{)!VJ/f~PV 3-70 MRS.LOIS KARP -PENINSULA BAY CITIES July 8,2011 PAGE 2 This program provides summer employment opportunities for Marymount College students and others in the area seeking such.The program also offers internship opportunities for students interested in entering the recreation profession. The program is typically conducted from mid -June to mid -August,Monday through Friday.Participant drop-offs begin at approximately 8:00 am. Programming concludes at approximately 4:00 pm with participant pick-ups occurring until approximately 5:00 pm.Some participants are transported to and from the campus by shuttles. As described above,the City processed and evaluated the College's request as part of the analysis for the Conditional Use Permit (CUP)application for the Facilities Expansion Project,referred to as Revision "E."The Environmental Impact Report prepared for the CUP revision request also took into account a summer day camp use of the College, which was included as part of the project description (Section 3.0 of the EIR). Specifically,the Draft EIR states: Summer Community Recreation Program.As part of the current CUP Application,the College is requesting approval to operate a summer youth recreation program that would be open to the public.The program is a typical day camp format that would engage participants in outdoor sports and recreation activities,as well as classroom based enrichment programming.Typical activities would include swimming,tennis,soccer,archery and arts and crafts.The program would include focused off-campus activities including horseback riding and golf. The recreation program would be offered from mid-June to mid-August,Monday through Friday. The EIR for the facilities expansion project was certified by the City Council on June 1, 2010 by Resolution No.2010-41.The certified EIR includes mitigation measures that reduce potential impacts to less than significant levels. On June 1,2010,the City Council adopted Resolution No.2010-42 approving,with conditions,the College's request to expand its facilities.As part of the analysis for the expanded facilities,the City evaluated the College's operations including the introduction of a 4-year degree program,enrollment limitations,extra-curricular activities,and the use of the campus by groups or organizations unaffiliated with the College.The City's approval of the CUP amendment was made subject to various conditions of approval. Condition of Approval No.139 provides the following: "The use of the College campus is permitted for only the following academic and recreational programs and related activities as further described below and defined in Condition 140: •Traditional Degree Programs •Non-Traditional Degree Programs 3-71 MRS.LOIS KARP -PENINSULA BAY CITIES July 8,2011 PAGE 3 •Continuing Educational Programs,such as but not limited to English as a Second Language (ESL) •Recreational Activities •Summer Educational Programs,such as but not limited to: o Upward Bound o High School Courses o International Students Taking ESL courses The use of the campus by groups or organizations unaffiliated with the College's educational and recreational programs listed above that would have less than 100 participants or visitors present on campus at one time or would occupy less than 20%of the 463 required parking spaces during such use is also allowed.Any and all other uses and activities on the College campus that do not meet this threshold are prohibited unless approved with a revision to this Conditional Use Permit or a Special Use Permit is obtained,whichever is applicable based on the request. The sub-leasing of the campus for commercial purposes that are unaffiliated with the College is prohibited."(Emphasis added.) Moreover,Condition No.145 describes the enrollment limitations for each term based on the various degree programs offered at the college.The relevant part of this condition that pertains to the summer term is "...For the Summer Term,if other educational or recreational programs are concurrently offered during weekdays,the maximum total permitted enrollment in Traditional Degree Programs must be proportionally reduced so that the combined enrollment in all such programs (e.g.,Traditional Degree Programs and Summer Educational Programs)does not exceed a total of 600 students (full-time and part-time)and participants."(Emphasis added.) Lastly,Condition No.146 requires the College submit an enrollment report for each Term for all degree programs no later than 30-days after a term has commenced.According to the College's website,the summer term for Session 1 began on May 25,2011 and the College reported on June 14,2011 that its total enrollment for this session is 78 students. Based on the foregoing evaluation of the Conditions of Approval,City Staff and the City Attorney believe the summer day camp is an allowed recreational activity.Condition No. 139 allows recreational and educational programs,such as the Summer Day Camp.As noted above,the EIR prepared for CUP NO.9 Revision "E"and the project entitlement binder include specific references to a summer day camp program.Further,the summer day camp is affiliated with the College because the programs provide employment opportunities for Marymount students,faculty,and staff. Even if the summer day camp were construed as unaffiliated with the College,it would still be allowed by Condition No.139 on the separate and independent basis that it is an education and recreational program "that would have less than 100 participants or visitors present on campus at one time or would occupy less than 20%of the 463 required parking spaces during such use ..."According to the College,the summer day camp has 3-72 MRS.LOIS KARP -PENINSULA BAY CITIES July 8,2011 PAGE 4 less than 100 participants,and would not result in occupancy of having more than 20%of the 463 parking spaces at any given time.Moreover,in terms of visitors and their use of the available parking spaces, the camp does not encourage parents or guardians to remain on campus after drop off or before pick up,so visitors utilizing on-site parking spaces intended to be used by summer term students is low but no more than 20 parking spaces at anyone time.Since no more than 100 participants are permitted and less than 69 parking spaces will be used by this activity,this criterion has been met. With respect to the prohibition on subleasing the campus for commercial purposes,the College is not charging the Peninsula Bay Cities for use of the campus,but instead has an agreement that allows the College to offset expenses associated with the summer day camp program.Further,as noted above,the summer day camp is affiliated with the College due to the student and faculty employment aspect of the program. In terms of enrolled participants,the total number of educational program students and recreational program participants during the summer session does not exceed 600 total concurrent students and participants.According to the College,there are a total of 78 students enrolled in the Summer Term Session 1.When combined with the 100 participants for the summer day camp,the total number of enrolled students and participants does not exceed 600 and is therefore in compliance with this requirement. As previously indicated,based on the foregoing,City Staff and the City Attorney have determined that Peninsula Bay Cities'use of the campus for the operation of the summer day camp is an allowed recreational activity that is being operated in compliance with the Council adopted Conditions of Approval for CUP No.9 Revision "E". If you have any questions please do not hesitate to contact me. Sincerely,-------- unity Development Department cc:Mayor and City Council Carolyn Lehr,City Manager Carol Lynch,City Attorney David Snow,Assistant City Attorney Ara Mihranian,Deputy Community Development Director Donald David,Counsel for Marymount College Dr.Michael Brophy,Marymount College Jim Reeves,Marymount College 3-73 Plans for William H.Hannon Library Move Forward What does the future look like for Marymount College?In 2010,after many years of planning,the College received approval from the City of Rancho Palos Verdes to begin construction of the William H.Hannon Library.A 26,()()()...square-foot addition to Cecilia Hall,the library will be a state-of-the-art facility to assist students,faculty and staff in navigating educational resources. "The William H.Hannon Library will make many positive contributions to the campus, not the least of which is serving as the intellectual core of academic life at Marymount College,"Dr.Brophy said./I As a place of learning,the building will connect the campus to the larger world through media,technology and interaction.Scholars will be shaped and leaders will be nurtured,gaining knowledge of the past and present,as well as critical tools for the future." A $3 million grant from the William H.Hannon Foundation in 2001 established the initial funding for the library facility improvement.Twenty~two additional major donors, including eight foundations,have helped facilitate additional proposed campus improvements.The William H.Hannon Library will be the first and most prominent step in proposed changes to the campus plan.In keeping with the pristine quality of its surroundings,many environmentally sound building practices and architectural elements will be incorporated into the library's design. Future William H.Hannon Ubrary 7 .~~-~------ 3-74 A Message from the Dean of Institutional Advancement "Time,talent and treasure."This is what it takes to advance an institution and Marymount College is fortunate to be blessed with supporters willing to share all three.The generosity of donors,the dedication of faculty and staff and inspired leadership by President Michael Brophy and the Board of Trustees has enabled us to dramatically transform Marymount in the last few years.While fundraising at most private liberal arts colleges dropped nearly 20 percent due to a challenging economy,Marymount thrived.While other fundraising operations contracted,we added mission-driven staff,honed our message, expanded outreach,invested in marketing and Web technology and prepared for our capital campaign Building Futures:A Legacy of Education,Vision and Faith. We are especially grateful to our donors.Encouraged by the accomplishments of the College,they have helped us achieve unprecedented fundraising growth.In fiscal year 2009 donations increased over 125 percent from the year before.In 2010 donations increased another 150 percent.In this President's Report you will find an Honor Roll of Donors that celebrates students,parents,alumni,community members,foundations, board members,faculty and staff who have shown us through their words,actions and generosity how much they value Marymount College.You will read about the success of our Parents Project,the continuing largesse of the William H.Hannon Foundation, the beautiful and educational gift made by parent W.Graham Arader III and a $1 million leadership gift to our capital campaign.All of this support reminds us that real transformation involves everyone.And this is just the beginning. Now we must match the innovative programs and new curriculum with modern facilities, including a state-of·the-art library.Construction on the William H.Hannon Library will begin in the summer of 2012.As of this writing,we have raised over $7.5 million of our $36 million goal.We are excited and indeed honored as we continue to receive support from donors who want to be a part of this remarkable time in the College's history. Could this be a legacy for your family?I am proud to say it will be one of mine. Bret Prichard ' Dean of Institutional Advancement 21 3-75 Page 1 on Ara M From:bUbba32@cox.net Sent:Thursday,June 23,2011 9:43 PM To:cc@rpv.com Cc:aram@rpv.com Subject:Fwd:Fwd:Marymount Library Plans for groundbreaking Summer 2012 Attachments:Marymount 2012 Plan 195jpg The Honorable Mayor Long and City Council members In my correspondence to the City Council of March 2,2011 and March 21,2011,I have addressed concerns regarding compliance issues and plans of Marymount College respecting their Conditions of Approval (COA)for their Expansion Plans. Toward a further understanding of these issues,I met Wednesday with Principal Planner Ara Mihranian to discuss various points I had raised and I believe we had a productive meeting while gaining a better and mutual understanding respecting Marymount College's compliance with their Conditions of Approval.I have deep reservations,notwithstanding our review,with the lack of compliance and failure to provide Insurance Indemnification documentation as required under COA #45.Staff is of the opinion -tentatively -that such Indemnification is related uniquely to the start of construction,and is not "operational"in nature or needed now.I strongly disagree because during discussions of this issue,other reasons than strictly construction activities also fell under this provision. Although Staff is now proceeding to prepare and draft appropriate recommendations for your review and action at a scheduled City Council meeting of July 19th,there remain serious concerns regarding the true intentions ofthis College.The article today in the PV News by Mary Scott entitled "Marymount College announces plan for San Pedro Campus" has many implications,heretofore unacknowledged,for compliance and fulfillment of their Approved Expansion Plans in RPV.I think you will find that infonnation highly relevant to a better understanding ofthe "construction"vs "operational"interpretations and distinctions now being formulated by Staff of exactly what are the "relevant"Conditions of Approval, and whether there is compliance or not. It would appear,based on this article,that the College plans to break ground on their proposed Library in mid 2012.Such construction is out of sequence according to Condition #60,and would require significant revisions to the Approved COA.It also has an immediate and corollary bearing on the Fume Hood Additions project now pending -after your July 19th review and decisions,as these Fume Hood additions are an integral part of that new Library construction area -roof and second floor area that we had previously discussed with the Planning Commission. Condition 60 -the orderly,Phased progression of implementation of the approved 7/27/2011 3-76 Page 2 of 3 Expansion would not be implemented in the approved sequence if the Library construction is to be started first as now publicized by the College.The infrastructure of improved parking,demolition of existing buildings,grading an drainage would apparently not be completed first as a necessary precursor part of the Expansion.This is serious business and should be taken into account during,if not before,your review on July 19th. With respect to the financing of any such new,revised or even existing Expansion plans -at RPV and/or PVDN,the College is currently not in any condition to proceed at this time. Their (cash)financial resources have been declining steadily these past four years despite increased enrollments and (claimed)new contributions.Fundraising costs have consistently exceeded contributions for many years,including the Fiscal Year ending June 30,2010. Total Annual Expenses have exceeded incoming Revenues by over a Million dollars these past two years and are expected to also be similarly negative for FY 2011,despite improved enrollments and contribution levels.The excessive Measure P outlays exceeding $1.5 Million have also further eroded reported financial viability.Although the potential for new and major donor contributions cannot be ruled out,additional resources exceeding $10 Million or more would need to become available to make these new plans even remotely viable -in my opinion. Planning for all the activities mentioned in the latest article,as well as implementation of these plans appears to have the "cart before the horse"in this case,with such plans (cart)far outpacing the horse (funds).In my experience with College planning,funds are typically raised first,then construction follows.Not the case here.A bit risky in the current environment. Nonetheless,you should be well aware that this college apparently has no intent to follow the Conditions of Approval as written and accepted by them in this instance,especially Condition 60.This may well explain their current lack of implementation in general,and with the "operational"COA's that are not even connected to "construction-related"activities. It seems ironic to me and perhaps to many others,that this College is proceeding with 120+ new parking spaces at PVDN while,simultaneously,ignoring their new approved parking construction at the RPV campus,as well as apparently ignoring the requirement (Condition 158,TR-5,etc.)to implement Parking Mitigation measures that are obviously not contingent upon initiation of any construction activities whatsoever. Therefore,at this point it would appear that the College will be compelled by their own new plans to seek from the City Council,in the immediate future,some very significant revisions to their existing COA's and as such,you should take that into account when reviewing the information and recommendations from Staff on July 19th. On a related note,as brought to the Council's attention this past Tuesday evening,I would also observe that any potential "exception"against "Commercial Use"ofthe campus by PBC Daycamps under Condition 139's prohibition -the 100 or smaller group provision,may be well be invalid for at least two reasons:I.)The described "student"consist of ages 14 and above while the Daycamp's clientele ranges from 4 to 14,and 2.)it is highly likely that the 7/27/2011 3-77 Page 3 of 3 PBC Day Camps'actual (enrollments)use exceeds the 100 minor exception limit.This needs to be checked that such Camp Use is in fact consistent with and less than that exception.I believe it is not. The most recent revelations by the College regarding not only their San Pedro campus plans but their intentions to circumvent their existing entitlement approvals by ignoring Condition #60 Phasing provisions should be a "wake up call"to this Council and Planning Staff. Jim Gordon » » 7/27/2011 3-78 A2 PALOS VERDES PENINSULA. .RANCHO PALOS VERDES City Hall:30940 Hawthorne Blv (310)377-0360 •www.palosver City Manager:Carolyn Leht l ,City C_l:luncil~Mayor Tom Long; Mi,selith,Brian Campbeli,Doug .M~ts the first and third Tuesd, ;'.-"h1~etsthe second and fourth Tu PALOS VEROES ESTATES tity Hall:340 Palos Verdes Dri (310)378-0383 •'Nww.pvestat, :City Manager:losel:;h Haef.gen ;:City Coun,il:.Mayor,JQhn Real ~ !..J~me~Goodhart,RoselJ1ary Hun Meets.lhe second and -fourth '1\ Commission meets the tHird TUI I.ROlliNG HILLS !.:'City Hall:2 ,Portugue.se Bend RQ (310)377·1521 ~www.roll!ng--hi~ t:ity Manager:Anton Dahlerbru; City C<luhcil:Mayor B,Allen lay Tryolt1as Helnsheimer,~odfrei p. ;",Meets the second ahd fourth M( n~.~o~mi~jOn meets the third Tu~ ROlliNG HillS ESTATES, City llan:4045 Paios Verdes DI (310)377-1577 •www.palosverd ~ty Manager:Douglas P~ithard'. ..I City Council:Mayor Steve.nzuc~' ..Seamans,Joh-n'Addlef!lan,Judy :~~·Meets the second·afId-fourth-r '.{;!?mmission meets 'the ffrst"~~d .'::j ..MLOS VERDES LIBRARY,DI J~.'fCii.therine R.Gould,.DistrictD_i~i:"7Dl-Si[ver Spur Rqad,Rolling Hil. ',.(310)377-9584 •www.pvld.or ~.'.~BOard of Tryslees:.President Nf Constimce B.Davenport,secret~ Lama 'and Frances E.Wielin :; ,j Meets the _second Thursday at Pill'UNIFIED SCHOOL 1>151\ T..W~lk~r'l;vilJiamsr 'S~perintena~ :,,',j15 VIa Almari Palos Verde$a~~(~IP)378-9966'www,e:vp~_a.i 1'.Jloard of EducalWn:·Pre!!idenr~ !Be;tr;Bara Lucky,Anlhony Coll.at~t.'Bos "....I "'The boards meets tne second J :',6,30 p.rn,.. .. dent and graduate study y,.ill be represented in the build~ ing as well. Additionally,early plans are under way for a building closer to the Warner Grand Theatre that will include visual and media arts learn- ing spaces for studehts and studios for faculty instruc- tion,research and design as well as a gaJlery for student, faculty and community art exhibitions. "Our intention is to con- tribute to and learn from the cultural richness found in downtown San Pedro,"Bro- phy says. Connections beyond dass .Beyond the classroom,the college's Catholic mission encourages service to oth- ers.In 20l0~11,Marymount students volunteered nOOO hours of service to the Boys and Girls Ciubs of tbe Los Angeles Harbor.First-year students tutored,led activi- ties and sen'ed as mentors at the three Los Angeles Har- bor locations,encouraging after-school participants to pursue a college education. In 2011-12,the college's students will continue their relationship with the Boys and Girls Clubs of the Los Angeles Harbor and engage in new opportunities,includ- ing serving on community committees and providing hafi(is~on assistance with ini~ tiatives such as building a skate park,and contributing to a community survey, newsletter or event. Campus development In 2010,the city of RPV approved a conditional use permit for the college to develop its Palos Verdes campus at 30800 Palos Ver- des Drive East.Entitlements include a library,athletic facilities and much-overdue infrastructure upgrades to ...:REPRESENTATIVES I existing structures.These ..t projects will be completed "Sta~e Assembly:Bonnie Lowen incrementally,beginning '(562)495-2915 •www.democt with the groundbreaking of ,"'State Senate:Roderick Wright: the William H.Hannon 1··(310)412-0393 •www.dist25.i Library in summer 20]2. Final planning and fundrais-.'l,I~S~Representative:Dana Roh iog for this state-of~art ',,(714)960·6483 "www.rohratt library are occurring now. textbooks,Working,volun- teering and experiencing the real world all contribute to our&udents'ttaDmurrrrntion into people who lead lives of leadership and service" Marymount students have resided off campus in San Pedro for 37 years,at first in rented apartments throughout the port commu- nity,and now in two loca- tions:one at Palos Verdes Drive North and one to the west in San Pedro in an apartment complex owned by the ceilege.Faculty and sraff also choose to reside in San Pedro,with 42 employ- ees currently making their homes there. New opportunities In partnership with San Pedro's community leaders, the college recently fonnal- ized arrangements for teach- ing and performing on Sixth Street in downtown San Pedro.The college's annual Ito/Matsuura Film series \vas shown at the Warner Grand Theatre in fall 2010, and students in the jazz ensemble rehearsed at the Grand Annex all year.In spring 2011,students per- formed the play "You Can't Take It with You"at the Warner Grand. Brophy sees Marymount students continuing their involvement in the San Pedro community. In summer 2011,Mary- mount will increase its pres- ence in San Pedro to accom- modate growth,serve upper division undergraduates and develop graduate pro- grams to connect to local business,municipal,arts and not~for-profitgroups in Los Angeles.A new adminis- trative and institutional cen- ter viill be located at 222 Sixth St.This building wiil be the new home for the institutional advancement and communications divi- sions,the Me-deem and Intentional Conversation Institutes and lea'dership of the business and global stud- ies programs.Academic Affairs and a new enroll- ment management team spe- cializing in returning~stu- park~like ambiance.The new buildings will not inter- fere with the surrounding neighborhood's aesthetic, and the buildings'exterior projection from the street will not exceed more than two stories in height. In 2035,the existing 1\l1d older townhomes will be dis- mantled,with new residen- tial units constructed.in their place.In 2055,a stu- de.nt union and more resi- dentip,l units will be con- structed.With each phase of construction,adequate park- ing facilities will be incorpo- rated to accommodate addi- tional students. The college presented its plans to and sought commu- nity input from the Harbor City Neighborhood Councll and the Northwest San Pedro Neighborhood CounciL and it held two community forums for neighbors to attend.Fol- low~up meetings with the neighborhood ceuncils and community are expected as the plan moves through tbe entitlement process. The college recognized the need to understand the potential impact that the growing campus will have on local roadways,so in spring 2011 it commissioned a traffi.c study of 17 intersec- tions and,the impact that increased enrollment at the San Pedro campus would have on those intersections. Preliminarily,tbe study revealed that by using the site for both residential and academic purposes,the num- ber of cars traveling between the San Pedro and RPV campuses would decrease.The detailed report from the traffic study has not yet been completed. Currently and for the fore- seeable future,the college provides bus service for its students who reside in San Pedro,thereby reducing traf~ fic on local roads. MstyIIlount College and Sao Pedro bave been in an alli- ance for nearly four decades. "The San Pedro commu- nity offers a classroom for our students,"Brophy said. "What it gives our students is as important as lectures and Development at Rancho Palos Verdes campus to begin in 2012. Marymount College announces plan for San Pedro campus RPV -The Marymount College board of trustees and Marymount President Michael S.Brophy annouD(:ed last week the col· lege's proposed master plan for its San Pedro satellite campus,located at 1600 Palos Verdes Drive North, and affirmed its commit- ment to begin construction at the college's original cam- pus in Rancho Palos Verdes. The long-term plan for the San Pedro campus includes constructing resi- dential and academic facili- ties by 2055.The college is in the early stages of the mandatory Los Angeles County conditional use per- mit process and does not anticipate CUP approval before December 2012. The San Pedro master plan centers on developing a small college campus where students will live,attend classes and study.Projects will be completed in steps over the duration of 50 years. Among the first projects will be improving tbe San Pedro propeI1Y by constructing an aesthetically pleasing park- ing lot along Palos Verdes Drive North so that cars do not have to park along the roadway,building a mainte- nance facility and upgrading the on-campus townhomes to accommodate the growing need for student housing. Approximately 4{)0 students will reside at the San Pedro campus in fall ZOl1. In 2016,the college will construct an educational building,currently referred to as "'Old Main,"that also will provide some student facilities,including a dining commons and recreational featureS:In 2020,more class- rooms will be constructed. The exteriors of all proposed new buildings will be styled with a "california crafts- man"appearance,with the surrounding grounds main~ taining a college campus, .- "';'-- ,--'(~~.- ,..~..3-79 Page 1 of3 Ara M From:bubba32@cox.net Sent:Monday,July 11,2011 9:09 AM To:joelr@rpv.com Cc:aram@rpv.com;jlkarp@cox.net;c1ehr@rpv.com Subject:Fwd:Fwd:Fwd:Letter:Peninsula Bay Cities Summer Day Camp at Marymount College Joel Lois has requested that I forward to you the following listing of concerns in response to your recent letter. It would appear that your letter has not considered nor respected prior precedent in this matter -precedent contained in the Staff Report of April 22,2008 (ESL) that includes important documents on a similar violation and decision by the City (supporting pages 134-136)disallowing Marymount's summer Day Camp. I believe that it is inappropriate and wrong to create and retroactively approve by administrative fiat a new entitlement that was never even discussed during the normal process of entitlements by either the Planning Commission or City Council. If such a decision is to proceed,it should be remanded back to the proper bodies for consideration anew,not granted summarily on a flawed rationale -as follows; 1.)Your letter correctly describes the College's request for approval of a summer Day Camp in the DEIR,but.. 2.)Th~Planning Commission did not approve this reguestSldDay Camp use,nor was it approved by the CC 3.)The r~cQrd of PC Hearings discloses no exception was ever intended for Requested Summer Day Camp. 4.)The PC Record shows only that non-profit groups such as A YSO and HOA's were to be allowed as limited exceptions for administrative simplicity. 5.)The College was denied Day Camp use in 2004 and has not had conducted such program until June 2011. 6.)The permitted uses of the campus as specified in Condition #139 does not include Day Camp. 7.)Permitted ESL and Summer education programs (14 years and up)are specified 7/27/2011 3-80 Page 2 on in Condition #143. 8.)Based on the PC's April 22,2008 PC (ESL)decision,permitted uses requires a specified college related education nexus and component. 9.)Don Davis recognized that a Special Use Permit would be required for all other uses.(PC Minutes:April 14,2009 -page 4) 10.)Any and all exceptions considered by the PC and CC were not for Day Camps run by a commercial for-profit entity. 11.)Contrary to claims by Staff,the EIR did not include mitigations for Day Camp use as none was authorized. 12.)The exception for less than 100 participants and limited parking was intended for AYSO,HOA's etc. 13.)Contract law recognizes non-monetary "expenses exchange"as commercial use by a for-profit organization. 14.)Employment of students does not change the commercial nature of this program as may be claimed by the College. 15.)ColJElge gorrespondence (7/14!2QQ4)acknowledgec;l th~t I,lnaffiliated non- educational C<;!!l1P management a§!'!vio-Iation. 16.)The City Staff and City Attorney should not posthumously create a new permitted use when none was intended. 17.)The PC's ESL decision of April 22,2008 established the nexus of both educational and college-related activities that are permitted.This is not acknowledged by your letter. 18.)The record does not support or present any evidence that (PBC)Daycamp type operation was ever intended by either by the PC or the CC. 19.)Your letter ignores/omits any and all reference to the decisions by the PC (4/22/2008)regarding appropriate,college level use (ESL). 20.)Your letter makes false and misleading statements by implying that a DEIR request was approved for a Day Camp by the PC and CC. 21.)Your letter falsely states that the EIR included mitigations for Day camp operation that does not exist and was never granted. 22.)Your letter ignores the history and rationale of RPV's July 14,2004 Notice of 7/27/2011 3-81 Page 3 of3 Violation to the College,the College's response. 23.)Your letter ignores and omits the RPV decision and determination Notice of August 10,2004 deeming the College to be in violation. >Jim 7/27/2011 3-82 Page 1 of7 Ara M From:bubba32@cox.net Sent:Monday,July 11,20112:29 PM To:Joel Rojas;cc@rpv.com Cc:'Carol W.Lynch';jlkarp@cox.net;'David Snow';clehr@rpv.com;aram@rpv.com Subject:RE:Fwd:Fwd:Letter:Peninsula Bay Cities Summer Day Camp at Marymount College Joel Thank you for your information. However,I did not get the connection to which you refer between the December 8, 2008 st~tements requesting a Summer Camp,and any other affirmative action, discussion or find any evidence th~t documents any specific approval of Summer Day c~mp as requested by either the PC or CC. It is correct that this issue was "on the table"(Staff Report)at the PC's April 14th, 2009 hearing but there is no evidence that the request was acted upon in any positive manner on the record since by the PC. What is still unanswered by you is the fact that the 2004 RPV City action to require the College to cease and desist,was based on the prohibition against the commercial use of the campus as defined then under Condition #9 of the 1990 CUP.That same prohibition against such commercial use was retained in the Resolutions approved by both the PC and CC. This is exactly the same prohibited use in 2011 under Condition #139 that the City determined was against the same prohibition of Condition #9 in the 1990 CUP. You have thoughtfully documented my point regarding the intended application of the small group utilization that did not include (by omission)the Day Camp use. There are (at least)three strikes at least against such use by the College for a commercial Day Camp. 1.)The absence of any documentation in the Public Record giving an affirmative approval for such requested use.It does not exist. 2.)I appreciate that you have documented that the small group exception (in Condition #139)was for intended for very limited,unaffiliated,non-commercial entities (AYSO,HOA's,etc.)that did not include the Day Camp which,as you have stated,was in fact a known and requested additional group.They were never added to such exception list.Why now? 7/27/2011 3-83 Page 2 of7 3.)The prohibition (as retained in Condition #139)against the commercial use of the campus was the City's basis (1990 CUP Condition #9)to enforce against such use by the College in July/August 2004 and that prohibition is just as valid today as it was in 2004. 4.)The Hearings and decisions (of April 22 and May 13,2008)regarding the appropriate criteria for campus use by the College clearly established a nexus between college-level educational uses by unaffiliated groups (ESL)as a pre- requisite for approved such use.That nexus is not present in this instant situation. Since your statements today and in your letter recently,did not include any reference to specific evidence supporting your view,I would respectfully request that you demonstrate at what time and by what means during any subsequent PC or CC meetings or hearings (post December 9,2008)is there any record that the Summer Day camp requested - as you have quoted,was acted upon in any way by these deliberative bodies. That request for Day Camp inclusion,as contained in the December 9,2008 and any subsequent Staff Report does not equate to an approval by the deliberative bodies,PC and CC.Absent any such supporting or additional information and evidence to the contrary from you,I believe it is correct to assert that such request for inclusion of the Day Camp Operation by a commercial entity was not granted or acted upon by the City Council in their deliberations and hearings resulting in their June 1,2010 EIR and Conditions approvals. I cannot understand or corroborate your statements that in 2010 this issue was undertaken and resolved in the manner you suggest.Where is that evidence in the record?Please explain and show that connection and intent in the Public record to allow the commercial operation of a Summer Day Camp for participants under 14 years of age at Marymount College. I am very troubled by what appears to be a retroactive grant of an entitlement by administrative fiat or interpretation that is unsupported by the Public Record of these deliberative bodies acting in accordance with established procedures. Jim ----Joel Rojas <joelr@rpv.com>wrote: >Gordon > >Thank you for forwarding to me your list of concerns.Let me address your >concerns below. > >Prior to approval of the College's expansion plan in 2010,the issue of use 7/27/2011 3-84 Page 3 on >of the campus by outside groups was very unclear as the conditions of >approval of the pre-existing CUP did not really address this issue.Hence, >you are correct that in 2008 the City took a very conservative approach and >determined that outside programs like the ESL program and the summer day >camp program were not allowed under the College's 1990 CUP (Revision "C"). >As you know,the College appealed this decision and the PC determined on May >13,2008 that the FLS Program was an educational use and is permitted on >campus in accordance with CUP No.9 Revision "C". > > > >In order to avoid this past confusion,outside programs were discussed as >part of the EIR and the CUP analysis for the proposed expansion project and >included in college's application.Below is an excerpt from the December 9, >2008 Planning Commission Staff Report on the analysis of the College's >Conditional Use Permit request: > > > >College Operation > > > >The College will continue to operate throughout the calendar year including >Fall,Winter,Spring and Summer sessions.Classes are offered during the >day,evening and on weekends.The College offers the following programs to >its students and staff,as well as the community (refer to Section 3 of the >project EIR or the College's Project Binder for detailed information on the >College's operations and programs): > > > >*Chapel services (mass held daily at 8am,every Wednesday at noon, >Sunday at noon during the weekend sessions,and on Catholic holy days). > >*Cultural events including concerts,films,plays,lectures,and >etc.(events typically begin between 6:00 p.m.and 7:00 p.m.and end by >10:00 p.m.,but no later than 11 :00 p.m. > > *Sporting events such as soccer and tennis to name a few. > >*Community programs such as homeowner's association meetings,AYSO >soccer,spiritual and workshop groups,Chamber of Commerce meetings,Rotary >Club,and Scout meetings to name a few > 7/27/2011 3-85 Page 4 of7 > > >The College also requests,as part of the Conditional Use Permit,to allow a >community youth summer program that would be open to the public between >mid-June and mid-August,Mondays through Fridays from 8:00 a.m.to 5:00 p.m > > > >As a result,specific conditions of approval were included in the City >Council's 2010 decision to address outside programs like the summer camp >program.This is not to suggest that every single outside program was >evaluated and explicitly approved.Instead,conditions of approval were >drafted and approved that establish certain thresholds for Staff to evaluate >future programs on a case by case basis to determine whether such groups >affiliated or not affiliated with the college can use the college >facilities.The premise behind such conditions is that if a group or >activity meets the strict thresholds it is presumed that they are consistent >with the CUP and they can use the facilities without the need for a city >permit or additional environmental review.This is an important point >because while the summer program was previously known,at some point in the >future there may be an outside program that no one has ever heard about that >may want to use the campus facilities.As long as such future program meets >the established thresholds found in the conditions of approval,such future >program would be allowed with no public review or need for city permit. > > > >In summary,while the summer camp program may not have been allowed under >the previous CUP,the current CUP approved in 2010 supersedes any previous >determinations or approvals as it has specific conditions of approval that >address said program.As explained in the recent letter to Lois,after >careful review Staff and the City Attorney's office believe that the summer >camp program is consistent with the conditions of approval,which means that >the program can continue to use the campus without the need for any special >use permit or additional environmental review. > > > >Joel > > > > > > 7/27/2011 3-86 Page 5 of 7 > >-- > >From:bubba32@cox.net [mailto:bubba32@cox.net] >Sent:Monday,July 11,2011 9:09 AM >To:joelr@rpv.com >Cc:aram@rpv.com;jlkarp@cox.net;c1ehr@rpv.com >Subject:Fwd:Fwd:Fwd:Letter:Peninsula Bay Cities Summer Day Camp at >Marymount College > > > >Joel > >Lois has requested that I forward to you the following listing of concerns >in response to your recent letter. > >It would appear that your letter has not considered nor respected prior >precedent in this matter -precedent contained in the Staff Report of April >22,2008 (ESL)that includes important documents on a similar violation and >decision by the City (supporting pages 134-136)disallowing Marymount's >summer Day Camp. > >I believe that it is inappropriate and wrong to create and retroactively >approve by administrative fiat a new entitlement that was never even >discussed during the normal process of entitlements by either the Planning >Commission or City Council. > >If such a decision is to proceed,it should be remanded back to the proper >bodies for consideration anew,not granted summarily on a flawed rationale - >as follows; > >1.)Your letter correctly describes the College's request for approval of a >summer Day Camp in the DEIR,but.. > >2.)The Planning Commission did not approve this requested Day Camp use,nor >was it approved by the CC > >3.)The record of PC Hearings discloses no exception was ever intended for >Requested Summer Day Camp. > >4.)The PC Record shows only that non-profit groups such as AYSO and HOA's >were to be allowed as limited exceptions for administrative simplicity. > >5.)The College was denied Day Camp use in 2004 and has not had conducted 7/27/2011 3-87 Page 6 of7 >such program until June 2011. > >6.)The permitted uses of the campus as specified in Condition #139 does not >include Day Camp. > >7.)Permitted ESL and Summer education programs (14 years and up)are >specified in Condition #143. > >8.)Based on the PC's April 22,2008 PC (ESL)decision,permitted uses >requires a specified college related education nexus and component. > >9.)Don Davis recognized that a Special Use Permit would be required for all >other uses.(PC Minutes:April 14,2009 -page 4) > >10.)Any and all exceptions considered by the PC and CC were not for Day >Camps run by a commercial for-profit entity. > >11.)Contrary to claims by Staff,the EIR did not include mitigations for >Day Camp use as none was authorized. > >12.)The exception for less than 100 participants and limited parking was >intended for A YSO,HOA's etc. > >13.)Contract law recognizes non-monetary "expenses exchange"as commercial >use by a for-profit organization. > >14.)Employment of students does not change the commercial nature of this >program as may be claimed by the College. > >15.)College correspondence (7/14/2004)acknowledged that unaffiliated >non-educational Camp management as a violation. > >16.)The City Staff and City Attorney should not posthumously create a new >permitted use when none was intended. > >17.)The PC's ESL decision of April 22,2008 established the nexus of both >educational and college-related activities that are permitted.This is not >acknowledged by your letter. > >18.)The record does not support or present any evidence that (PBC)Daycamp >type operation was ever intended by either by the PC or the CC. > >19.)Your letter ignores/omits any and all reference to the decisions by the >PC (4/22/2008)regarding appropriate,college level use (ESL). > 7/27/2011 3-88 Page 7 of7 >20.)Your letter makes false and misleading statements by implying that a >DEIR request was approved for a Day Camp by the PC and CC. > >21.)Your letter falsely states that the EIR included mitigations for Day >camp operation that does not exist and was never granted. > >22.)Your letter ignores the history and rationale of RPV's July 14,2004 >Notice of Violation to the College,the College's response. > >23.)Your letter ignores and omits the RPV decision and determination Notice >of August 10,2004 deeming the College to be in violation. > > > >Jim > 7/2712011 3-89 Page 1 of 6 Ara M --------------- From:bubba32@cox.net Sent:Wednesday,July 13,2011 2:53 AM To:Ara M Cc:joelr@rpv.com;clehr@rpv.com;CLynch@rwglaw.com;DSnow@rwglaw.com;cc@rpv.com; jlkarp@cox.net Subject:RE:Marymount College -Peninsula Bay Cities Summer Day Camp Attachments:img202.jpg;img203.jpg;img199.jpg; img200.jpg;img201.jpg Ara Thank you for this helpful response. I offer the following response to Attorney Davis's questions #1 &#2 of his July 5, 2011 letter to City Attorney Lynch. 1.)The City Council (CC)acted in 2009 and 2010 on an Appeal of the Planning Commission's (PC)7/14/2009 Resolution,and on the addition of a new 4-year curriculum by Marymount College.As such the CC was not presented with the referenced Summer Camp request as quoted.The only record of interest (attachments #202 &203 here)were the (blue-lined)adjustments to the PC's Condition #139,etc.as shown in these blue-lined copies.The changes to the small group exception were of a wordsmithing nature only and did not act to include approval of Summer Day Camp operation.Condition #140 was added as recognition of the CC's approval of the College's new Bachelor of Arts Degree programs. The CC did not add Summer Camp as an approved College level activity. 2.)Short answer,"Yes".As shown by Condition #143,the City (PC &CC)did recognize the prior PC's Resolution No.2008-17 and decision regarding the College's ESL Program exempting that,and such other like College level affiliated programs from being considered as "commercial",and thus allowed.The CC was not presented with the referenced (D)EIR Summer Camp description and did not take any affirmative action during its deliberations to add that program to the list of approved campus groups and activities. The prohibition against the subleasing of the campus was retained virtually intact by the PC from Condition 1990 CUP No.9,in its 7/14/2009 resolution and this prohibition was retained in 2010 by the CC in its June 1,2010 Resolution of the COA and EIR. The allowed (administrative)exception under #139,as well documented in the PC's 7/27/2011 3-90 Page 2 of6 April 14,2009 Hearing and subsequent hearings,was intended as an administrative convenience to allow campus use by small unaffiliated groups without having to obtain a Special Use Permit.(see p.4,PC Minutes of April 14,2009 for Donald Davis request for some type of minimal number of participants to avoid the need for a Special Use Permit)As presented in the December 9,2008 Staff Report to the PC,such exception was intended for "Community programs such as homeowner's association meetings,A YSO soccer,spiritual and workshop groups,Chamber of Commerce meetings,Rotary Club,and Scout meetings to name a few" Notably,as a separate itemized request,not a part of the described "exception group"(above),this Staff report also records another request to "allow a community youth summer program .."The point here is that such summer prQgrc:tm was not intended as an intE:lgrClI part of the prior "exception"for small grolJP!?listed above. Similar to the fate of residence halls that were also requested by the College in this Report and otherwise in the initial DEIR,the Summer Day Camp program did not receive affirmative approval by the PC nor did the CC reintroduce and approve such use during the appeal of the PC's Resolution. Accordingly,at this time,it would inappropriate and incorrect for the City of RPV to allow,by admjnistrgtiYe fiat,what was previously denied by these legislative bodies (the PC &CC),i.e.approval of the Summer Day Camp program. Appropriate action at this time is as shown in attachments 199,and 201,the 2004 actual precedent established by the City in its correspondence with the College denying the use of the campus for Summer Camp operation that is operated by an unaffiliated group for commercial (aka profit-making)purposes as so described in the City's letters.Please proceed with this established precedent and continue enforce the Condition #139 against such commercial use that is not otherwise authorized as a listed and approved campus use. Thank you. Jim ----Ara M <aram@rpv.com>wrote: > > >Lois and Jim, > > > >As you have requested,attached is a letter from Don Davis,dated July 5, >2011,that includes,as an attachment,the email exchange between Staff and >the College.As stated in the City's letter to Lois Karp,dated July 8, 7/27/2011 3-91 Page 3 of 6 >2011,the City's determination was based on information gleaned from the >College and Peninsula Bay Cities (including its website). > > > >In regards to the number of participants enrolled in the summer day camp at >Marymount College,the College informed Staff that no more than 100 >participants are enrolled in the summer recreational program which is in >compliance with Condition No.139. > > > >In regards to the restriction of students 14 years or older,according to >Condition No.143,the age restriction is for summer educational programs >for persons who are seeking college credit courses.Condition No.143 >specifically states the following: > > > >The campus facilities may also be used for "Summer Educational Programs." >Summer Educational Programs are educational programs for persons generally >14 years or older such as college-credit classes for local high school >students,Upward Bound,and international students taking ESL classes along >with other educational classes and recreational activities.Persons >enrolled in Summer Educational Programs are referred to in this CUP as >"participants"for the purpose of establishing enrollment limitations > > > >It should be pointed that Condition No.139 is essentially split into three >sub-conditions.The first section addresses academic and recreational >programs affiliated with the College and these participants are counted >toward the enrollment limits (see condition nos.143 and 145).The second >section addresses the use of the campus by groups or organizations >unaffiliated with the College provided that there would be less than 100 >participants or visitors so that parking is not adversely impacted.The >third section addresses the prohibition of sub-leasing the campus for >commercial purposes,such as renting facilities for weddings. > > > >Let me know if you have further inquiries. > >Ara > 7/27/2011 3-92 Page 4 of6 > > > > > > >Ara Michael Mihranian > >Deputy Director of Community Development > >City of Rancho Palos Verdes > >30940 Hawthorne Blvd. > >Rancho Palos Verdes,CA 90275 > >310-544-5228 (telephone) > >310-544-5293 (fax) > >aram@rpv.com > >www.palosverdes.com/rpv > > > > P Do you really need to print this e-mail? > >This e-mail message contains information belonging to the City of Rancho >Palos Verdes,which may be privileged, confidential and/or protected from >disclosure.The information is intended only for use of the individual or >entity named.Unauthorized dissemination,distribution,or copying is >strictly prohibited.If you received this email in error,or are not an >intended recipient,please notify the sender immediately.Thank you for your >assistance and cooperation. > >-- > >From:jlkarp [mailto:jlkarp@cox.net] >Sent:Friday,July 08,2011 5:04 PM >To:AraM >Subject:Re:Marymount College -Peninsula Bay Cities Summer Day Camp > > > 7/27/2011 3-93 Page 5 of6 >Ara, > >How many campers are in the day camp and where is the documentation? >>From you letter it looks like you assumed there were less that 100.What >about the restriction of students 14 years or older. > > > >Lois > >-----Original Message ----- > >From:Ara M <mailto:aram@rpv.com> > >To:'jlkarp'<mailto:jlkarp@cox.net> > >Cc:'Joel Rojas'<mailto:joelr@rpv.com>;'Ara M'<mailto:aram@rpv.com>; >clehr@rpv.com > >Sent:Friday,July 08,2011 12:20 PM > >Subject:Marymount College -Peninsula Bay Cities Summer Day Camp > > > >Lois, > > > >Attached is Staffs determination on the operation of Peninsula Bay Cities' >summer day camp at Marymount College. > >The City Council is being blind copied to prevent a potential violation of >the Brown Act. > > > >Let me know if you have any questions. > > > >Ara > > > 7/27/2011 3-94 Page 60f6 >Ara Michael Mihranian > >Deputy Director of Community Development > >City of Rancho Palos Verdes > >30940 Hawthorne Blvd. > >Rancho Palos Verdes,CA 90275 > >310-544-5228 (telephone) > >310-544-5293 (fax) > >aram@rpv.com > >www.palosverdes.com/rpv > > > > P Do you really need to print this e-mail? > >This e-mail message contains information belonging to the City of Rancho >Palos Verdes,which may be privileged,confidential and/or protected from >disclosure.The information is intended only for use of the individual or >entity named.Unauthorized dissemination,distribution,or copying is >strictly prohibited.If you received this email in error,or are not an >intended recipient,please notify the sender immediately.Thank you for your >assistance and cooperation. > > > > > >-- > > I am using the Free version of SPAMfighter <http://www.spamfighter.com/len> > >SPAMfighter has removed 4640 of my spam emails to date. > >Do you have a slow <http://www.spamfighter.com/SLOW-PCfighter?cid=sigen> >PC?Try free scan! > 7/2712011 3-95 Page 1 of 1 Ara M From:bubba32@cox.net Sent:Wednesday,July 13,201112:18 PM To:cc@rpv.com Cc:c1ehr@rpv.com;aram@rpv.com;joelr@rpv.com;CLynch@rwglaw.com;DSnow@rwglaw.com Subject:Please uphold Condition #139 of your June 1,2010 Resolution Attachments:RPV City Council Uphold City Conditions.doc To the City Council Honorable Mayor Long and City Council members: As further contained in my accompanying letter,I am hereby requesting that the City Council,at is forthcoming July 19th,2011 meeting,continue to uphold and enforce its Approved Conditions of Approval as contained in its June 1,2010 entitlements Resolution for the Marymount College Expansion Project. Thank you for your consideration of this request. Jim Gordon Attachment:Letter: 7/27/2011 3-96 July 13,2011 JAMES B.GORDON 3538 Bendigo Drive Rancho Palos Verdes,California 90275-6202 City Council City of Rancho Palos Verdes 3094 Hawthorne Boulevard Rancho Palos Verdes,California 90275-5391 Subject:Uphold Conditions of Approval (June 1,2010) Honorable Mayor Tom Long and Council members: Please uphold Condition #139 of your June 1,2010 Resolution. This Condition excludes an entitlement of a Summer Day Camp operation on the Marymount College Campus. Although Summer Day Camp was requested by the College as part of its DEIR requested entitlements,such request was never affirmatively approved in the PC's July 14,2009 Resolution Condition #139,nor is such approval contained in your own Resolution of June 1,2010.Importantly,the PC Resolution retained, virtually intact,the same prohibition against sub-leasing the campus for commercial purposes as contained in Condition NO.9 ofthe 1990 CUP. The "exception"stated in Condition #139 is specifically limited,intended only for "Community programs such as homeowner's meetings,AYSO soccer,spiritual and workshop groups,Chamber of Commerce meetings,Rotary Club,and Scout meetings,to name a few."This exception was not intended as a "backdoor" entitlement allowing Summer Day Camp operation by unaffiliated commercial entities. According to the Minutes (page 4)of the PC's April 14,2009 Meeting,College Attorney Davis had requested that "there be some type of minimal number of participants for such "Community programs"use that otherwise would require a Special Use Permit."This small group exception,therefore,was intended only as an administrative convenience for the College to technically and legally allow other unaffiliated small groups to use the campus. In fact,Summer Day Camp operation was requested as an entirely separate item by the College,and was not part of the "Community programs"exception (above) as recorded in the December 9,2008 Staff Report quoted by Director Rojas. Such exception was never intended as an approval of Summer Day Camp. I respectfully request that the CC require compliance with Condition #139 which provides the College an option to submit a Special Use Permit Application in the Public Record should they wish to obtain this entitlement in the Public Record. IIPagc 3-97 Page 1 of 4 AraM From:bubba32@cox.net Sent:Wednesday,July 20,201110:14 AM To:Ara M Cc:joelr@rpv.com;c1ehr@rpv.com SUbject:RE:Marymount College -Peninsula Bay Cities Summer Day Camp Ara I would like to respond to your listed points as follows: 1.)Don Davis,in his letter to Carol Lynch of July 5,2011,never even suggested (as you have in this e-mail)that the College obtained any approvals for Summer Day camp from either the Planning Commission (PC)or City Council (CC).There is simply no evidence for that in the record of those hearings. 2.)As the Director has noted,and as contained in the PC Staff Report of December 9,2008,page 6,under "College Operation -current programs",existing programs to the community are listed;There are four such (bulleted)listings,the last of which are "Community programs such as homeowner's association meetings,A YSO soccer,spiritual and workshop groups,Chamber of Commerce meetings,Rotary Club and Scout meetings to name a few." 3.)These are the non-profit,unaffiliated groups that Attorney Davis was referring to during the April 14,2009 PC Hearing when (page 4 of those Minutes"he requested -for administrative convenience,that there be established some minimal number of such participants that would allow these groups to use the College campus without having first to otherwise obtain a Special Use Permit (SUP). 4.)Although -and as a separate item request -the College did request the PC's approval to "allow a community youth summer program that would be open to the public ..etc.",this request (December 9,2008 and later)was never approved by the PC in its Resolution 2009-27. 5.)Nor was this same request ever made to the CC during its 2009/2010 Appeal/SA program hearings ending with its Resolution 2010-42 of June 1,2010. 6.)The PC as well as CC did,however grant Attorney Davis's request to allow an administrative exception for such civic groups to continue to meet without the necessity of submitting a SUP.That is your point called "sub-condition two".Such limited access never addressed non-civic groups that previously hEld prior access, as described on page 6 of the December 9,2008 Staff Report.So the numbers and parking impacts that were established as criteria do not apply to Commercial, 7/27/2011 3-98 Page 2 of4 unaffiliated,non-educational groups such as PSC Daycamp operation on the campus. 7.)The clear intent to limit of both the PC and CC to prohibit and distinguish such Commercial activity is demonstrated by the PC's inclusion as Condition #143 -to allow the previously approved FLS type operation for college-level and high school level educational programs,ages 14 and above (approved by the PC in April 22, 2008).That point was correctly included in Attorney Davis's letter of July 5,2011.It does not apply,and he did not contend that it applies to those unaffiliated,non- educational and commercial unaffiliated groups such as PSC Daycamp. 8.)As a result,the limited numbers of Day Camp attendees (not "participants")to which you now refer,is moot and inapplicable in this case since such a Summer Camp group was never included as part of this exception in the first place. 9.)As you also know,the concluding and overriding part of Condition #139 is the prohibition against commercial campus subleasing,a holdover from the prior 1990 CUP Condition #9.That means,simply,that all other Commercial sub-leasing uses (with the identified FLS program as Condition #143),cannot be allowed for on- campus use by the College. 10.)The College has not operated a Summer Day Camp Program since you shut that down in July/August of 2004.To now claim,as the Director has claimed,that there is some form of justification for this type of non-affiliated,under age,non- educational commercial campus use at this time based on any "historical operation" is mistaken.Such "historical use"if any,was never listed (op.cit)by the College in its previous claims,nor was such use ever approved by evidence in the public record of hearings on entitlements for the Expansion Program.Quite the contrary. 11.)The claim by Attorney Davis and others that since such Summer Day Camp use was "requested"in the DEIR,EIR and in the PC Hearings,and thereby somehow were "approved"or granted,is simply nonsense and specious.The dorms were also requested,but never approved either.The Davis legal theory of "Requestus Grantus"is therefore vacated. In summary,the sub-condition two,to which you refer,does not apply in this instance as it never included other than existing civic type group uses of the college campus for which the College requested an administrativewai'£er!Qf SUP)for convenience.No Summer Day Camp operation,commercial or otherwise,was granted as an entitlement by the PC or CC.There is no evidence that the College obtained such approval in the record. As such,I believe that it is entirely inappropriate and wrong to now,by posthumous administrative fiat,grant an entitlement that was never approved by the responsible deliberative City bodies that is unsupported by any evidence in the Public Record. 7/27/2011 3-99 Page 3 of4 Hope this helps clarify your Condition #139 discussion and review for rescheduled "interpretation"hearings at the CC's August 2,2011 meeting. Jim CLynch@rwglaw.com,DSnow@rwglaw.com ----Ara M <aram@rpv.com>wrote: >Lois and Jim, >As you have requested,attached is a letter from Don Davis,dated July 5, >2011,that includes,as an attachment,the email exchange between Staff and >the College.As stated in the City's letter to Lois Karp,dated July 8, >2011,the City's determination was based on information gleaned from the >College and Peninsula Bay Cities (including its website). >In regards to the number of participants enrolled in the summer day camp at >Marymount College,the College informed Staff that no more than 100 >participants are enrolled in the summer recreational program which is in >compliance with Condition No.139. >In regards to the restriction of students 14 years or older,according to >Condition No.143,the age restriction is for summer educational programs >for persons who are seeking college credit courses.Condition No.143 >specifically states the following: >The campus facilities may also be used for "Summer Educational Programs." >Summer Educational Programs are educational programs for persons generally >14 years or older such as college-credit classes for local high school >students,Upward Bound,and international students taking ESL classes along >with other educational classes and recreational activities.Persons >enrolled in Summer Educational Programs are referred to in this CUP as >"participants"for the purpose of establishing enrollment limitations >It should be pointed that Condition No.139 is essentially split into three >sub-conditions.The first section addresses academic and recreational >programs affiliated with the College and these participants are counted >toward the enrollment limits (see condition nos.143 and 145).The second >section addresses the use of the campus by groups or organizations >unaffiliated with the College provided that there would be less than 100 >participants or visitors so that parking is not adversely impacted.The >third section addresses the prohibition of sub-leasing the campus for >commercial purposes,such as renting facilities for weddings. 7/27/2011 3-100 > >Let me know if you have further inquiries. > >Ara > >Ara Michael Mihranian > >Deputy Director of Community Development > >City of Rancho Palos Verdes > >30940 Hawthorne Blvd. > >Rancho Palos Verdes,CA 90275 > >310-544-5228 (telephone) > >310-544-5293 (fax) > >aram@rpv.com > >www.palosverdes.com/rpv 7/27/2011 Page 4 of 4 3-101 Page 10f3 Ara M From:bubba32@cox.net Sent:Thursday,July 21,2011 9:32 AM To:cc@rpv.com Cc:aram@rpv.com;clehr@rpv.com;joelr@rpv.com;CLynch@rwglaw.com;DSnow@rwglaw.com Subject:Misleading and False Premise in Director's Letter of July 8,2011 To the City Council Honorable Mayor Long and Council Members I would like to address the false and misleading premise quoted by Director Rojas in his letter of July 8,2011 Subject:"Peninsula Bay Cities Summer Day Camp at Marymount College"with copies sent to RPV City Attorney Carol Lynch,Assistant City Attorney David Snow,Donald David (sic),Counsel for Marymount College,Dr. Michael Brophy and Jim Reeves,President and Sr.VP.respectively,of Marymount College. 1.)The quoted background statement that "Marymount College has historically provided a summer recreation program for area residents"is self-serving and is unsupported by evidence in the file 2.)The College was reprimanded by the City by Notification of August 10,2004, that "it is the City's determination that the operation of the Peninsula Cities Summer Day Camp is in violation of the College's Conditional Use Permit..",and that"..future programs related to this activity or other commercial activities leased to private enterprises is not permitted pursuant to the existing conditional use permit."Please acknowledge and respect that important precedent! 3.)This quoted Condition NO.9 of Resolution No.90-20,was retained in Resolutions PC 2009-27 and CC 2010-42,and continues in effect today as was noted in the complaint filed with the City on June 19,2011 against the College's operation to the Peninsula Bay Cities Summer Day Camp. 4.)Contrary to the (false and misleading)claim in Director Rojas'letter of July 8, 2011,there is no evidence in the file (see in particular the PC Staff Report of April 22,2008)that supports the claim that "Marymount College has historically provided a summer recreation program"involving a commercial subleasing or operation on that campus. 5.)The evidence,to the contrary (op.cit),demonstrates a consistent denial and prohibition by the City and nearby residents against commercial campus use since the College was first granted their initial Conditional Use Permit (CUP)in late 1975. 7/27/2011 3-102 Page2of3 6.)The introduction of the prohibited Summer Day camp operation by the College 14 years after the quoted CUP of 90-20,demonstrates that there is no validity to the College's claim of "historical"operation at all. 7.)It has now been a full seven (7)years since that the College has been prohibited such operation,when they re-introduced it this June 2011,in violation of their current CUP as provided in CC Resolution 2010-42,Condition No.139. The facts do not support the College's reported "historical"claim,just the opposite. Such misleading claims should not be dignified by the Director whose Staff had previously participated in the definitive review of commercial subleasing on the College campus since its inception here in 1975,as noted,in their Staff Report (SR) of April 22,2008. Although the College may have requested such Commercial Summer Day Camp operation in its EIR submittal in 2005 and related Staff Reports (December 9,2008), such requests were never granted by either the Planning Commission (PC)or City Council (CC)during subsequent Hearings nor was Summer Day Camp approval included in approved Resolutions of Conditions or entitlements. It should be noted that the College does have the option and opportunity -not previously exercised since 2004,to petition for a Special Use Permit (SUP)to allow such Summer Day Camp operation. As acknowledged during the PC's April 14,2009 Hearings and documented in the Minutes of that meeting,the (mis)quoted small group "exception"in Condition #139 only applies to previQusly_~cC:Qrnmodated and lis1§l9 DQD-grofil type gi\lic:tJ'RSl groups (See page 6 of PC Staff Report 9 December 2008)for which College Counsel Donald David (sic)had later requested an administrative provision to allow such groups continued use of the campus as a convenience instead of otherwise requiring application each time for a SUP. It is notable that in his July 5,2011 letter of response to the City,College Counsel never claimed that the #139 "exc;eption"applied to Summer Day Camp.That is an inappropriate and unsubstantiated invention,in my opinion,by Staff at this time. Also in his letter,Donald David (sic)did,however,correctly note that Condition #143 allowing FLS type upper level educational programs were allowed.That provision/Condition #143,however,does not apply to Summer Day Camp campus use,by for-profit,commercial,non-affiliated,non-educational,non-college related use. City Staff should not be making unsubstantiated claims that are unsupported and inconsistent with historical precedent and current approved Conditions. 7/27/2011 3-103 Jim Gordon 7/27/2011 Page 301'3 3-104