RPVCCA_SR_2010_01_19_08_Terranea_Revision_N
RANCHO PALOS VERDES
PUBLIC HEARING
Date: January 19, 2010
Subject: Terranea Resort and Spa – ZON2009-00463 (Revision ‘N’ to CUP
215, ET.AL.)
Subject Property: 6610 Palos Verdes Drive South
1. Declare the Hearing Open: Mayor Wolowicz
2. Report of Notice Given: City Clerk Morreale
3. Staff Report & Recommendation: Principal Planner Mihranian
4. Public Testimony:
Appellant: N/A
Applicant: Long Point Development, LLC
5. Council Questions:
6. Rebuttal: N/A
7. Declare Hearing Closed: Mayor Wolowicz
8. Council Deliberation:
9. Council Action:
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CrrvOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAY &CITY COUNCIL MEMBERS
JOEL ROJAS,AIC~,IRE R OF COMMUNITY
DEVELOPMENT
JANUARY 19,2010
TERRANEA RESORT AND SPA -ZON2009-00463
(REVISION 'N'TO CUP 215,ET.AL.)
REVIEWED:CAROLYN LEHR,CITY MANAGER ~
Prepared By:Ara Michael Mihranian,Principal Plann~
RECOMMENDATION
Adopt Resolution No.2010-_,A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES APPROVING REVISION IN'TO CONDITIONAL
USE PERMIT NO.215,GRADING PERMIT NO.2229,COASTAL DEVELOPMENT
PERMIT NO.166,VARIANCE NO.489,AND TENTATIVE PARCEL MAP NO.26073
BY AMENDING THE CONDITIONS OF APPROVAL TO EXTEND THE COMPLIANCE
DATE FOR COMPLETING NINE OUTSTANDING CONDITIONS.
EXECUTIVE SUMMARY
The applicant is requesting additional time to comply with 9 outstanding conditions that
have a compliance deadline date of January 4,2010.The primary reason for the delay
is that the applicant is still waiting for final sign-off and/or the review and approval by
third parties,such as the City of Los Angeles and the City of Rolling Hills Estates for
traffic mitigation measures.Staff supports the applicant's request and is thus
recommending to extend the compliance deadline for 8 outstanding conditions of
approval to April 9,2010 and to extend the compliance deadline for one specific
condition (Condition No.124)to June 12,2010.
BACKGROUND
On November 4,2009,the City Council approved Revision 'M'to CUP No.215,et.aI.,
extending the condition compliance deadline date for 10 outstanding conditions from
November 4,2009 to January 4,2010.Included in the deadline extension was
Condition No.13A requiring the applicant to pay for the services rendered by the City
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Attorney’s office and outside consultants in connection with the TOT rebate program.
Since the Council’s adoption of Revision “M,” the applicant has been diligently working
on completing the tasks associated with the outstanding conditions, including meeting
with City Staff, as well as Staff with the City of Los Angeles and the City of Rolling Hills
Estates regarding compliance with the traffic conditions and mitigation measures.
Additionally, the applicant has been working on its recapitalization that would eventually
be used to fund the trust deposit account for the TOT rebate program. However, to
date, the applicant has been unable to complete the tasks for the outstanding conditions
that expired on January 4, 2010. As such, the project applicant is requesting an
amendment to the Conditions of Approval to extend the compliance date for certain
outstanding conditions.
DISCUSSION
Extending the Condition Compliance Deadline Date
The Terranea Resort and Spa opened for business in June 2009 and the project
buildings, with the exception of the main hotel building, have been issued Final
Certificates of Occupancy by the City’s Building Official. Due to certain conditions not
being met, the main hotel building has been issued a Temporary Certificate of
Occupancy by the City’s Building Official. At the request of the applicant, the City
Council at its August 18, 2009 meeting amended the Conditions of Approval to extend
the compliance deadline for specific outstanding conditions from August 1, 2009 to
November 1, 2009. This deadline date was extended a second time by the Council to
January 4, 2010 as part of Revision ‘M’ to Conditional Use Permit No. 215, et. al.
Pursuant to the most recent Council adopted conditions, the Temporary Certificate of
Occupancy for the main hotel building expired on January 4, 2010. The main hotel
building is operating on a conditional Temporary Certificate of Occupancy issued by the
Building Official that is set to expire on January 19, 2010. At this time, a Final
Certificate of Occupancy for the main hotel building cannot be issued by the City’s
Building Official because there remain 9 outstanding conditions that are pending
compliance (Condition Nos. 13A, 27, 44, 87, 88, 112, 124, 125, and 126).
As indicated in the attached request letter, the applicant seeks to extend the January 4,
2010 deadline to April 9, 2010 to allow additional time to comply with the outstanding
tasks associated with nine conditions. Some of the outstanding conditions are pending
compliance because they require review and approval by third parties, such as the City
of Los Angeles and the City of Rolling Hills Estates for traffic mitigation measures, or
require the final sign-off on certain documents or plans. It should be noted, that City
Staff recently received a letter from the City of Los Angeles Department of
Transportation (LADOT) requesting additional time to review the mitigation measure in
connection to improvements at the intersection of Western Avenue and 25th Street in
the City of Los Angeles (see attachment). As such, LADOT is requesting that the
condition compliance deadline for Condition No. 124 be extended to June 12, 2010.
City Staff supports extending the deadline for compliance with Condition No. 124 to
June 12th with the understanding that the applicant and representatives from the LADOT
are committed to resolving this matter expeditiously.
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Based on the foregoing discussion, Staff supports the proposed amendment to the
conditions of approval to extend the condition compliance deadline for outstanding
conditions of approval from January 4, 2010 to April 9, 2010 (June 12, 2010 for
Condition No. 124). The amended conditions are shown in the attached resolution (new
text is shown as underlined and deleted text is shown as a strike-out).
Reimbursement of City Costs Associated with the TOT Rebate Program Update
As previously stated, the City Council on August 18, 2009 (amended on November 4,
2009) included a condition requiring that the applicant reimburse the City for substantial
costs the City incurred in connection with the preparation of the TOT rebate program.
Specifically, Condition No. 13A states:
The applicant shall be required to pay 100% of the estimated amount of
the cost of the services that were provided to date and hereafter by the
City Attorney's Office and by outside consultants that were retained by the
City Attorney's Office to render services on behalf of the City specifically in
connection with the creation of the any TOT Rebate Program and
Ordinance and the due diligence analysis performed to date or hereafter
pertaining to Terranea itself and the ability to repay the TOT to the City, in
response to the applicant's request for the establishment of the TOT
Rebate Program and the Ordinance. The funds that are received from the
applicant for this purpose shall be held in, and disbursed from, a City trust
account that is established for this purpose. The balance owed to the City
pursuant to trust deposit requests dated June 19, 2009, July 21, 2009, and
October 29, 2009, in the amount of $153,370.67 shall be paid to the City
on or before January 4, 2010. The applicant shall replenish the trust
deposit within thirty days of receipt of notice from the City that additional
funds are needed to pay for said services. The City shall refund to the
applicant any excess amount that is remaining in the trust account after all
such disbursements are made.
To date, the applicant has not funded the trust deposit accounts according to the above
condition. However, in the most recent letter from the applicant dated January 13,
2010, the applicant is requesting that the deadline date for funding the trust deposit be
extended from January 4, 2010 to March 15, 2010 to allow Long Point Development
sufficient time to complete its recapitalization and make the appropriate payment to the
City. Staff supports the applicant’s request to extend the condition compliance deadline
date for Condition No. 13A, but believes that the compliance date should be extended to
April 9, 2010 to match the compliance date for the remaining conditions and to provide
the applicant additional time to secure its recapitalization in mid-March (as cited in the
attached letter) and make the required payment to the City. If the applicant does not
fund the respective trust deposit account, the applicant would be in violation of the
Conditions of Approval and the City cannot issue the Final Certificate of Occupancy for
the main hotel building.
Additionally, since the Council’s adoption of Revision ‘M’ on November 4, 2009, the
balance for the trust deposit in connection to the TOT Rebate Program has increased
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from $153,370.67 to $155,716.67, an increase of $2,346.00. As such, Staff has
recently notified the applicant of the current outstanding balance and is recommending
that the dollar amount cited in Condition 13A (see previous page) be updated, as shown
in the attached Conditions of Approval in a redline format.
ENVIRONMENTAL ASSESSMENT
In accordance with the provisions of the California Environmental Quality Act (CEQA),
Staff has determined that the proposed revision to the City Council approved conditions
of approval will require an addendum to the Environmental Impact Report prepared and
approved by the City Council under Resolution No. 2002-70 that allows the construction
of a 400-room resort hotel with a golf academy/practice facility on the 102-acre Long
Point parcel (6610 Palos Verdes Drive South). At the time the City Council adopted the
Environmental Impact Report and Statement of Overriding considerations, it found that
the Project’s cumulative impacts, with the exception of the impacts to Noise and Air
Quality, are not significant or that potential impacts could be mitigated to a less than
significant impact, as noted in the Mitigation Monitoring Program.
Addendum No. 14 has been prepared for the proposed amendments to the conditions
of approval to extend the condition compliance deadline for specific conditions from
January 4, 2010 and April 9, 2010 (June 12, 2010 for Condition No. 124). Staff believes
that the proposed amendments to the conditions will not introduce new environmental
impacts nor intensify environmental impacts previously analyzed in the project EIR.
This is because condition compliance is still required prior to the City’s issuance of the
Final Certificate of Occupancy for the main hotel building and is considered a
clarification of the timing of condition compliance. As a result, no further environmental
review will be necessary other than the adoption of Addendum No. 14 to Environmental
Assessment No. 725.
ADDITIONAL INFORMATION
Public Noticing
Pursuant to the Development Code, a public notice was originally published in the
Peninsula News and sent to list-serve subscribers on December 24, 2009 inviting public
comments on the proposed amendments to the project conditions for the January 19,
2010 meeting. At this time, one public comment letter was received by the City
supporting the proposed amendment to the conditions of approval (see attachment). In
the event the City receives additional public comment letters after the transmittal of this
Staff Report, Staff will present those comments at the January 19th public hearing.
ATTACHMENTS
• Draft Resolution No. 2010-__
o Addendum No. 14
o Conditions of Approval
• Request Letters from Todd Majcher dated December 22, 2009 and January 13,
2010
• LADOT of Letter dated December 22, 2009 (received on January 4, 2009)
• Public Comment Letter
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RESOLUTION NO. 2010-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING REVISION ‘N’ TO CONDITIONAL USE
PERMIT NO. 215, GRADING PERMIT NO. 2229, COASTAL
DEVELOPMENT PERMIT NO. 166, VARIANCE NO. 489, AND
TENTATIVE PARCEL MAP NO. 26073 BY AMENDING THE
CONDITIONS OF APPROVAL TO EXTEND THE COMPLIANCE DATE
FOR CONDITION NO. 124 TO JUNE 12, 2010, AND FOR THE
REMAINING EIGHT OUTSTANDING CONDITIONS TO APRIL 9, 2010.
WHEREAS, on August 28, 2002, the City Council conditionally approved
Conditional Use Permit No. 215, Grading Permit No. 2229, Coastal Development Permit
No. 166, Variance No. 489, and Tentative Parcel Map No. 26073 to allow the
construction of a 400-room resort hotel and bungalows with banquet and retail facilities,
50 casitas (3-keys for 150 total units), 32 villas, and a driving range with a 3-hole golf
practice facility on property located at 6610 Palos Verdes Drive South; and
WHEREAS, the City Council’s decision was subsequently appealed to the
Coastal Commission which, after conducting several public hearings, approved the
hotel project on August 7, 2003, with minor modifications to the City Council approved
conditions; and
WHEREAS, on October 7, 2003, the City Council accepted the conditions
of approval as modified by the Coastal Commission as the final approval and directed
the applicant (Destination Development) to provide the Council with future updates on
the status of the project; and
WHEREAS, on December 22, 2009, the project applicant filed a request to
amend the Council adopted Conditions of Approval to allow extend the compliance
extend the compliance date for completing certain outstanding conditions; and,
WHEREAS, the City Council reviewed and analyzed the applicant’s
request in accordance with the California Environmental Quality Act (“CEQA”) and
determined that the proposed revisions to the project conditions of approval will require
an Addendum to the Final Environmental Impact Report (“FEIR”), which was certified by
the City Council on May 7, 2002 under Resolution No. 2002-38, and which determined
that the project’s impacts, with the exception of the impacts related to Noise and Air
Quality for which a statement of overriding considerations was adopted, are not
significant or that the potential impacts could be mitigated to a less than significant
impact. The City Council finds that the proposed amendments to the conditions of
approval will not alter nor diminish the spirit and intent of the original project approved
by the City Council in 2002 because the project design and amenities, including the
public amenities, will not be changed. Furthermore, the proposed amendments will not
result in a deviation to the findings made by the Council when the project was approved,
and does not modify the scope of the project nor the related uses and amenities. As
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such, the City Council finds that the amendments to the conditions of approval will not
introduce new significant environmental effects or substantially increase the severity of
the environmental impacts that previously were identified and analyzed in the FEIR;
Furthermore, the City Council also finds that there are no changed circumstances or
new information, which was not known at the time the FEIR was certified, that would
require the preparation of a subsequent EIR or major revisions to the FEIR pursuant to
CEQA Guidelines Section 15162, and, in accordance with Section 15164 of the State
CEQA Guidelines, the City has prepared Addendum No. 14 to the FEIR (the
“Addendum”) attached herein as Exhibit A; and
WHEREAS, on December 24, 2009, pursuant to the City’s Municipal
Code, a public notice was published in the Peninsula News and mailed to property
owners within a 500-foot radius of the project site and to interested parties including list-
serve subscribers, inviting public comments on the proposed project revision; and
WHEREAS, on January 19, 2010, the City Council held a duly noticed
public hearing to consider the revised project and conditions of approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1. The proposed amendments to the conditions of approval will not
amend the approved project that allows the construction of a resort hotel with 400
rooms within the main hotel structure and freestanding bungalows and 50 privately-
owned, multiple-keyed casita units for a maximum aggregate of 150 additional
accommodations, 32 privately-owned resort villas, a 68,000 square-foot
conference/banquet facility, a spa and fitness center, 3 to 4 restaurants with an
aggregate total of 22,500 square feet, and various public amenities, including public
trails, a public park, 825 parking spaces for the Project, including 100 parking spaces for
the general public.
Section 2. Pursuant to Section 17.60.050 of the Rancho Palos Verdes Municipal
Code (the “Municipal Code”), and based upon the evidence presented in the record,
including staff reports, oral and written testimony, the FEIR and the Addendums, the
City Council hereby finds that the proposed amendments to the conditions of approval
will not change the findings made for the approved project, adopted under Resolution
No. 2002-71, with respect to CUP No. 215, which are incorporated herein by this
reference.
Section 3. Pursuant to Section 17.76.040, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, and the
FEIR, the City Council hereby finds that the proposed amendments to the conditions of
approval will not change or alter the findings made for the approved project, adopted
under Resolution No. 2002-71, with respect to GRP No. 2229, which are incorporated
herein by this reference.
Resolution No. 2010-__
Page 2 of 4 8-7
Section 4. Pursuant to Section 17.72.090, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, the FEIR and
the Addendums, the City Council hereby finds that the proposed amendments to the
conditions of approval will not change or alter the findings made for the approved
project, adopted under Resolution No. 2002-71, with respect to CDP No. 166, which are
incorporated herein by this reference.
Section 5. Pursuant to the requirements of the Subdivision Map Act
(commencing with Section 66410 of the California Government Code), and based upon
the evidence presented in the record, including staff reports, oral and written testimony,
the FEIR and the Addendums, the City Council hereby finds that the proposed
amendments to the conditions of approval will not change or alter the findings made for
the approved project, adopted under Resolution No. 2002-71, with respect to TPM No.
26073, which are incorporated herein by this reference.
Section 6. Pursuant to Section 17.64.050, and based upon the evidence
presented in the record, including staff reports, oral and written testimony, the FEIR and
the Addendums, the City Council hereby finds that the proposed amendments to the
conditions of approval will not change or alter the findings made for the original
approved project, adopted under Resolution No. 2002-71.
Section 7. Based upon the evidence presented in the record, the findings
adopted under Resolution No. 2002-71, which are incorporated herein by reference, the
FEIR and the Addendums, the City Council hereby approves Revision “N” to Conditional
Use Permit No. 215, Grading Permit No. 2229, Coastal Development Permit No. 166,
Variance No. 489, and Tentative Parcel Map No. 26073 subject to the conditions set
forth in Exhibit “B,” attached hereto and incorporated herein by this reference.
Section 8. Based upon the evidence presented in the record, the City Council
finds that the proposed revision will not “lessen or avoid the intended effect” of the
approved project with respect to providing coastal access and visitor serving use. The
City Council further finds that the proposed amendments to the conditions of approval
will not have the potential for adverse impacts to coastal resources or public access.
Section 9. The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought as governed by Section 1094.6 of the
California Code of Civil Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 19th day of January 2010.
___________________
Resolution No. 2010-__
Page 3 of 4 8-8
Resolution No. 2010-__
Page 4 of 4
Mayor
Attest:
______________________
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the above Resolution No. 2010-__ was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on January 19,
2010.
___________________________
City Clerk
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Resolution No. 2010-__
Exhibit A
Page 1 of 2
RESOLUTION NO. 2010-__
EXHIBIT “A”
ADDENDUM NO. 14
TO FINAL ENVIRONMENT IMPACT REPORT
/ ENVIRONMENTAL ASSESSMENT NO. 725
JANUARY 19, 2010
On May 7, 2002, the City Council adopted Resolution No. 2002-34, thereby
adopting the Final Environment Impact Report for Environmental Assessment No.
725 to allow the construction of 400-room hotel and bungalows with banquet and
retail facilities, 50-casitas (3-keys for 150 total units), 32 villas, and a driving range
with a 3-hole golf practice facility. On August 28, 2002, the City Council adopted
Resolution No. 2002-70, adopting Addendum No. 1; on September 7, 2004, the
City Council adopted Resolution No. 2004-78, adopting Addendum No. 2; on April
19, 2005, the City Council adopted Resolution No. 2005-39, adopting Addendum
No. 3; on October 4, 2005, the City Council adopted Resolution No. 2005-107,
adopting Addendum No. 4; on March 21, 2006, the City Council adopted
Resolution No. 2006-17, adopting Addendum No. 5; on December 5, 2006, the City
Council adopted Resolution No. 2006-92, adopting Addendum No. 6; on April 17,
2007, the City Council adopted Resolution No. 2007-38, adopting Addendum No.
7; on March 4, 2008 the City Council adopted Resolution No. 2008-17, adopting
Addendum No. 8; on May 6, 2008 the City Council adopted Resolution No. 2008-
31, adopting Addendum No. 9, on November 18, 2008 the City Council adopted
Resolution No. 2008-112, adopting Addendum No. 10, on May 4, 2009, the City
Council adopted Resolution No. 2009-24, adopting Addendum No. 11, on August
18, 2009, the City Council adopted Resolution No. 2009-64, adopting Addendum
No. 12, and on November 4, 2009, the City Council adopted Resolution No. 2009-
80 adopting Addendum No. 13 to the Final Environmental Impact Report. In
adopting the Final Environmental Impact Report and Statement of Overriding
Considerations, the City Council found that the Project’s cumulative impacts, with
the exception of the impacts related to Noise and Air Quality for which the
Statement of Overriding Considerations was adopted, are not significant or that
potential impacts could be mitigated to a less than significant level.
The City Council has reviewed and analyzed the proposed amendments to the
conditions of approval to extend the condition compliance deadline for specific
conditions from January 4, 2010 to April 9, 2010 (June 12, 2010 for Condition No.
124). Having reviewed the applicant’s request, the City Council is of the opinion
that the revisions to the respective conditions will not alter nor diminish the spirit
and intent of the original project approved by the City Council in 2002 nor the
project revisions approved by the City Council in recent years. The proposed
revisions will not result in any significant change that would effect the findings
made by the Council when the project was approved, and does not modify the
scope of the project nor the related uses and amenities. Furthermore, the
proposed revisions will not introduce new significant environmental effects or
substantially increase the severity of the environmental impacts that previously
were identified and analyzed in the FEIR.
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Resolution No. 2010-__
Exhibit A
Page 2 of 2
Therefore, the City Council finds that there are no changed circumstances or new
information, which were not known at the time the FEIR was certified, that would
require the preparation of a subsequent EIR or major revisions to the FEIR
pursuant to CEQA Guidelines Section 15162. In accordance with Section 15164 of
the State CEQA Guidelines, the City Council has independently reviewed and
considered and hereby adopts this Addendum No. 14 to the FEIR.
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RESOLUTION NO. 2010-__ - EXHIBIT “B”
LONG POINT RESORT HOTEL
CONDITIONS OF APPROVAL
(REVISION ‘N’ – COUNCIL APPROVED JANUARY 19, 2010)
(Coastal Permit No. 166, Conditional Use Permit No. 215,
Grading Permit No. 2229, Variance No. 489, and Tentative Parcel Map No. 26073)
GENERAL CONDITIONS
1) The approvals granted by this resolution shall not become effective until the
applicant and property owners submit a written affidavit that each has read,
understands and accepts all conditions of approval contained herein. Said
affidavits shall be submitted to the City no later than ninety (90) days from the
date of approval of the project by the City Council. If the applicant and/or the
property owner fail to submit the written affidavit required by this condition within
the required 90 days, this resolution approving Coastal Development Permit No.
166, Conditional Use Permit No. 215, Grading Permit No. 2229, Variance No.
489 and Tentative Parcel Map No. 26073 shall be null and void and of no further
effect.
2) In accordance with the provisions of Fish and Game Code §711.4 and Title 14,
California Code of Regulations, §753.5, the applicant shall submit a check
payable to the County of Los Angeles in the amount of $875.00 for the Fish and
Game Environmental Filing Fee. This check shall be submitted to the City within
five (5) business days of City Council approval of this project. If required, the
applicant shall also pay any fine imposed by the Department of Fish and Game.
3) Each and every mitigation measure contained in the Mitigation Monitoring
program attached as Exhibit “C” of Resolution No. 2002-34 is hereby
incorporated by reference into the Conditions of Approval for Coastal
Development Permit No. 166, Conditional Use Permit No. 215, Grading Permit
No. 2229, Variance No. 489 and Tentative Parcel Map No. 26073.
4) The applicant shall fully implement and continue for as long as the hotel is
operated the Mitigation Monitoring Program attached as Exhibit “C” to Resolution
No. 2002-34 and execute all mitigation measures as identified and set forth in the
Final Environmental Impact Report for the project as certified in said Resolution
No. 2002-34.
5) The owner of the resort hotel and the property upon which the hotel is located
shall be responsible for implementing and ensuring compliance with all of the
conditions of approval stated herein. Accordingly, as used herein, the term
“applicant” shall include the owner of the resort hotel and the property upon
which the hotel is located.
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Resolution No. 2010-__
Exhibit B
Page 2 of 53
6) The conditions set forth in this Resolution are organized by application type for
ease of reference. Regardless of such organization, each condition is universally
applicable to the entire project site, unless a condition clearly indicates otherwise.
Said conditions shall be applicable as long as a hotel is operated on the property,
unless otherwise stated herein.
7) In the event that a condition of approval is in conflict or is inconsistent with any
mitigation measure for this project, the more restrictive shall govern.
8) The applicant shall pay the Environmental Excise Tax in accordance with the
Rancho Palos Verdes Municipal Code (RPVMC).
9) The Resort developer shall be responsible for constructing the public amenities
required by these conditions of approval. A bond, letter of credit or other security
acceptable to the Director of Public Works and the City Attorney shall be
provided to secure completion of such Public Amenities.
10) Prior to the issuance of a final Certificate of Occupancy for the main hotel
building or by August 1, 2009 or the dedication of any public amenity to the City,
the applicant shall enter into a maintenance agreement, approved by the City
Council, that requires the owner of the property to have the hotel operator
maintain to the City’s satisfaction the public amenities, including, but not limited
to the bluff-top park, the lower beach area, park benches and tables, public trails
(pedestrian and bicycle), bicycle racks, public restrooms (including the Fishing
Access restroom facilities), landscaping, habitat protection, general public
parking lot near the resort hotel building, fences, irrigation, and signs to name a
few, as long as a hotel is operated on the property. Furthermore, the applicant
shall specify in the agreement how funding will be provided to maintain the public
improvements constructed as part of the project which are not maintained by the
City, County or other governmental agency.
(REVISED PER RESOLUTION NO. 2007-38 ON APRIL 17, 2007)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
11) The Resort owner shall maintain all on-site drainage facilities not accepted by
Los Angeles County, including but not limited to structures, pipelines, open
channels, retention and desilting basins, mechanical and natural filtering
systems, and monitoring systems, so long as the property is operated as a resort
hotel. A bond, letter of credit or other security acceptable to the City shall be
provided to secure completion of such drainage facilities. A bond to cover the
cost of their maintenance for a period of 2 years after completion shall also be
provided to the City.
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Resolution No. 2010-__
Exhibit B
Page 3 of 53
12) Subject to the agreement of Los Angeles County, the applicant shall turn over all
eligible drainage facilities to the Los Angeles County Public Works Department
upon completion and acceptance of the facilities by the County of Los Angeles.
13) The applicant shall be required to pay 110% of the estimated amount of the cost
of services to be provided on behalf of the City by outside consultants that have
been retained by the City to render services specifically in connection with this
project, in the form of a trust deposit account, prior to commencement of such
services (e.g. golf safety consultant, geotechnical consultants, biologist, and
landscape architect to name a few.). Services provided by the City Attorney and
other consultants that routinely provide services to the City shall be exempt from
this condition. However, in such cases, the applicant shall adequately fund said
trust deposit accounts prior to the commencement of services, in amounts
reasonably requested by the City, based upon an estimate of the cost of services
for the period of at least 90 days to which services are rendered. In addition, the
trust deposits shall be replenished within thirty days of receipt of notice from the
City that additional funds are needed.
13A) The applicant shall be required to pay 100% of the estimated amount of the cost
of the services that were provided to date and hereafter by the City Attorney's
Office and by outside consultants that were retained by the City Attorney's
Office to render services on behalf of the City specifically in connection with the
creation of the any TOT Rebate Program and Ordinance and the due diligence
analysis performed to date or hereafter pertaining to Terranea itself and the
ability to repay the TOT to the City, in response to the applicant's request for the
establishment of the TOT Rebate Program and the Ordinance. The funds that
are received from the applicant for this purpose shall be held in, and disbursed
from, a City trust account that is established for this purpose. The balance owed
to the City pursuant to trust deposit requests dated June 19, 2009, July 21, 2009,
and October 29, 2009, and January 14, 2010 in the amount of $153,370.67
$155,716.67 shall be paid to the City on or before January 4April 9, 2010. The
applicant shall replenish the trust deposit within thirty days of receipt of notice
from the City that additional funds are needed to pay for said services. The City
shall refund to the applicant any excess amount that is remaining in the trust
account after all such disbursements are made.
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-__ ON JANUARY 19, 2010)
14) All costs associated with plan check reviews and site inspections for the
Department of Public Works shall be incurred by the applicant through the
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Resolution No. 2010-__
Exhibit B
Page 4 of 53
establishment of a trust deposit with the Director of Public Works at the time of
plan check submittal or site inspection request.
15) All City Attorney costs associated with the review and approval of the conditions
stated herein shall be incurred by the applicant in the form of a trust deposit
established with the City.
16) No later than six (6) months after the issuance of the Certificate of Occupancy for
the main resort hotel building or no later than 3 months after the commencement
of the operation of the 9-hole golf course, or as frequently as the Director of
Planning, Building and Code Enforcement deems necessary, the City Council
shall review the Conditions of Approval contained herein at a duly noticed public
hearing. As part of said review, the City Council shall assess the applicant’s
compliance with the conditions of approval and the adequacy of the conditions
imposed. At that time, the City Council may add, delete or modify any conditions
of approval as evidence presented at the hearing demonstrates are necessary
and appropriate to address impacts resulting from operation of the project,
including golf safety. Said modifications shall not result in substantial changes to
the design of the hotel structures or to the ancillary structures. Notice of said
review hearing shall be published and provided to owners of property within a
500’ radius of the site, to persons requesting notice, to all affected homeowners
associations, and to the property owner in accordance the RPVMC. As part of
the review, the City Council shall consider such items as the parking conditions,
circulation patterns (pedestrian, bicycle, and vehicular), lighting, landscaping,
noise, the operation of outdoor events, and golf safety. The Council may also
consider other concerns raised by the Council, Planning Commission, Finance
Advisory Commission, Traffic Committee and/or interested parties. The City
Council may require such subsequent additional reviews, as the City Council
deems appropriate. This provision shall not be construed as a limitation on the
City’s ability to enforce any provision of the RPVMC regarding this project.
If any safety issues arise concerning the operation of the 9-hole golf course, the
safety issues shall be immediately addresses by the applicant to the satisfaction
of the Director of Planning, Building and Code Enforcement.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
17) These approvals authorize the construction and operation of a resort hotel, a 9-
hole golf course and other related amenities. Any significant changes to the
operational characteristics of the development, including, but not limited to,
significant changes to the site configuration or the 9-hole golf course; number of
guest rooms (increases or decreases); size or operation of the conference
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center, banquet facilities, spa (including outcall massages and chair massages
conducted on the Resort premises only), restaurants, or other ancillary uses or
significant alterations shall require an application for revision to this Conditional
Use Permit pursuant to the provisions stated in the RPVMC. At that time, the
City Council may impose such conditions, as it deems necessary upon the
proposed use resulting from operations of the project. Further, the Council may
consider all issues relevant to the proposed change of use.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
18) These approvals shall expire twenty-four (24) months from the date of the City
Council approval unless building permits for the main hotel structure have been
applied for and are being diligently pursued. Extensions of up to one (1) year
may be granted by the City Council, if requested prior to expiration. Such a time
extension request shall be considered by the City Council at a duly noticed public
hearing, pursuant to the provisions stated in the RPVMC.
19) The hotel spa facility, and all the amenities therein, including the pool, shall be
made available to the general public for a reasonable fee for use basis.
Appropriate promotions shall be offered to encourage use of the spa facility by
non-hotel guests, including area residents.
20) The 9-hole golf course shall be made available to the general public for a
reasonable fee for use basis. Appropriate promotions shall be offered to
encourage use of the 9-hole golf course by non-hotel guests, including area
residents
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
21) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to November 1, 2009, whichever occurs first, the 9-hole golf course, public
trails, public parks and public areas shall be designed to protect golfers and the
general public in accordance with common safety standards and practices in the
industry, subject to review and approval by the City’s duly assigned Golf Safety
Consultant. The final golf course design shall incorporate the recommendations
provided by the City’s Golf Safety Consultant. The applicant shall establish a
trust deposit account with the City to cover all costs associated with the Golf
Safety Consultant’s review, as required in Condition No. 13.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
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22) Temporary construction fencing and temporary public trail fencing shall be
installed in accordance with RPVMC. The beach access trail and associated
parking area shall remain open to the public during City park hours during project
construction with limited closures, as approved by the Director of Planning,
Building and Code Enforcement, to address safety issues that are directly related
to grading or other construction activities, including the importation of sand to the
lower beach area. Signs notifying the public of the closure of the beach access
trail and parking area shall be posted in a visible public location at least 30-days
in advance of the closure. The closure of the beach access trail and the
associated parking area, the designation of temporary beach trail access and a
temporary associated parking area and the language and placement of public
notice signs shall be submitted to the Director of Planning, Building and Code
Enforcement for review and approval at least 45-days before said closure.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
23) All on-site construction and grading activities, including the importation of sand to
the lower beach area, shall be limited to the hours between seven a.m. and
seven p.m. Monday through Saturday. However, the permitted hours of
construction for the interior work on the Hotel, Spa and Fitness buildings shall be
between six a.m. and ten p.m. Monday through Saturday ("extended hours of
construction"), provided that said buildings are entirely enclosed with walls, roofs,
doors and windows. The extended hours of construction, as expressly permitted
herein, shall be monitored by City Staff or independent consultants hired by the
City with associated expenses to be borne by the applicant through the
establishment of a trust deposit. Monitoring shall include, at a minimum, noise
and light impacts. The approval of the extended hours of construction shall be
subject, at any given time, to cancelation or further restrictions as deemed
appropriate by the Director of Planning, Building and Code Enforcement based
on the ability of the applicant to make adjustments due to public complaints or
monitoring reports.
No construction shall occur on Sundays or legal holidays as set forth in RPVMC
unless a special construction permit, allowing construction work on legal holidays
between the hours of 7:00 am and 7:00 pm, is first obtained from the Director of
Planning, Building and Code Enforcement. A Special Construction Permit shall
not be issued by the City for Veteran’s Day 2008 and Memorial Day 2009.
Pursuant to Condition No. 140, an updated Construction Management Plan shall
be reviewed and approved by the Director of Public Works and the Planning
Director prior to conducting interior work during the extended hours of
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construction. The updated Construction Management Plan shall address, but not
limited to, parking, noise, vehicle ingress and egress, lighting, equipment staging,
and delivery of materials.
(REVISED PER RESOLUTION NO. 2008-31 ON MAY 6, 2008)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
24) Construction and grading activities, including the importation of sand to the lower
beach area, within the public right-of-way shall be limited to the days and hours
approved by the Director of Public Works at the time of permit issuance.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
25) No on-site repair, maintenance or delivery of equipment and/or materials shall be
performed before seven a.m. or after seven p.m. Monday through Saturday, nor
on any Sunday or legal holiday, unless otherwise specified in the conditions
stated herein or a Special Construction Permit is obtained from the City.
Emergency repairs are exempt from this condition.
26) All construction activity shall generally adhere to the phasing scheme identified in
the Addendum to the Certified Environmental Impact Report shown in Resolution
No. 2002-70 Any significant changes to the construction activity schedule shall
be reviewed and approved by the Director of Planning, Building and Code
Enforcement.
27) Temporary Certificates of Occupancy shall be issued by the City’s Building
Official to allow the use and occupancy of all or a portion of the Terranea Resort,
including by employees and paying guests (for overnight occupancy) prior to the
issuance of any Final Certificate of Occupancy. Issuance of a Temporary
Certificate of Occupancy is contingent on first obtaining final inspections and
sign-offs by the City’s Building Official and the Los Angeles County Fire
Department for items such as, but not limited to, Building, Electrical, Mechanical,
and Plumbing permits, building-related egress conditions including sidewalks and
ADA compliant clearances, and the completion of all life and safety measures.
The City’s Building Official may revoke or suspend any or all of the Temporary
Certificates of Occupancy if any public safety issue arises.
Any Temporary Certificate of Occupancy shall expire when a final Certificate of
Occupancy is issued for a particular structure or by January 4April 9, 2010,
whichever occurs first. On or before January 4April 9, 2010 the developer shall
obtain Final Certificates of Occupancy for the entire resort, including ancillary
resort amenities such as the golf course, restaurants, and spa/fitness building.
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(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-__ ON JANUARY 19, 2010)
Indemnification/Insurance
28) The owner of the property upon which the project is located shall hold harmless
and indemnify City, members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials,
(collectively, “Indemnitees”), from any claim, demand, damage, liability, loss, cost
or expense, including but not limited to death or injury to any person and injury to
any property, resulting from willful misconduct, negligent acts, errors or
omissions of the owner, the applicant, the project operator, or any of their
respective officers, employees, or agents, arising or claimed to arise, directly or
indirectly, in whole or in part, out of, in connection with, resulting from, or related
to the construction or the operation of the project approved by this resolution.
29) The applicant shall defend, with counsel satisfactory to the City, indemnify and
hold harmless the City and its agents, officers, commissions, boards, committees
and employees from any claim, action or proceeding against the City or its
agents, officers, commissions, boards, committee or employees, to attack, set
aside, void or annul this resolution or one or more of the approvals set forth in
this resolution and PC Resolutions 2001-37, 2001-39, and 2001-40.
Alternatively, at the City’s election, the City may choose to defend itself from any
claim, action or proceeding to attack, set aside, void or annul this resolution or
one or more of the approvals set forth in this resolution. In that case, the
applicant shall reimburse the City for all of its costs, including attorney fees,
arising from such claim, action or proceeding. The obligations set forth in this
condition include the obligation to indemnify or reimburse the City for any
attorney fees that the City becomes obligated to pay as a result of any claim,
action or proceeding within the scope of this condition.
The City shall promptly notify the applicant of any claim, action or proceeding
within the scope of this condition and the City shall cooperate fully in the defense
of any such claim or action.
30) The applicant shall submit to the City Attorney for review and approval an
agreement whereby the applicant shall indemnify, defend and hold the City and
members of its City Council, boards, committees, commissions, officers,
employees, servants, attorneys, volunteers, and agents serving as independent
contractors in the role of city or agency officials, (collectively, “Indemnitees”),
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harmless from any claim, demand, damage, liability, loss, cost or expense,
including, but not limited to, death or injury to any person and injury to any
property, caused by golf balls or any other golf–related equipment.
31) The applicant shall procure and maintain in full force and effect during the
operation of the hotel and/or 9-hole golf course primary general liability
insurance, which is applicable to, and provides coverage for only this hotel and 9-
hole golf course, in an amount of $5 million dollars, which amount shall be
increased on each fifth anniversary of the commencement of operation of the
hotel to reflect increases in the consumer price index for the Los Angeles County
area. Such insurance shall insure against claims for injuries to persons or
damages to property that may arise from or in connection with the operation of
the subject resort hotel and 9-hole golf course authorized by this resolution.
Such insurance shall name the City and the members of its City Council, boards,
committees, commissions, officers, employees, servants, attorneys, volunteers
and agents serving as its independent contractors in the role of City officials, as
additional insureds. Said insurance, shall be issued by an insurer that is
admitted to do business in the State of California with a Best’s rating of at least
A-VII or a rating of at least A by Standard & Poor’s, and shall comply with all of
the following requirements:
(a) The coverage shall contain no limitations on the scope of protection
afforded to City, its officers, officials, employees, volunteers or agents
serving as independent contractors in the role of city or agency officials
which are not also limitations applicable to the named insured.
(b) For any claims related to the project, applicant’s insurance coverage
shall be primary insurance as respects City, members of its City
Council, boards, committees, commissions, officers, employees,
attorneys, volunteers and agents serving as independent contractors in
the role of city or agency officials.
(c) Applicant’s $2 million primary insurance shall apply separately to each
insured against whom claim is made or suit is brought. Additionally,
the limits of applicant’s $2 million primary insurance shall apply
separately to the project site.
(d) Each insurance policy required by this condition shall be endorsed to
state that coverage shall not be canceled except after 30-days prior
written notice by first class mail has been given to City.
(e) Each insurance policy required by this condition shall be endorsed to
state that coverage shall not be materially modified except after 5-
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business days prior written notice by first class mail has been given to
City.
(f) Each insurance policy required by this condition shall expressly waive
the insurer’s right of subrogation against City and members of its City
Council, boards and commissions, officers, employees, servants,
attorneys, volunteers, and agents serving as independent contractors
in the role of city or agency officials.
(g) Copies of the endorsements and certificates required by this condition
shall be provided to the City when the insurance is first obtained and
with each renewal of the policy.
(h) No golf course facilities may be operated unless such general liability
insurance policy is in effect.
The applicant also shall procure and maintain in full force and effect during the
operation of the hotel and/or 9-hole golf course additional general liability
insurance in the amount of $3 million dollars to insure against claims for injuries
to persons or damages to property which may arise from or in connection with
the operation of the resort hotel and 9-hole golf course authorized by this
resolution. Such insurance shall likewise name the City and the members of its
City Council, boards, committees, commissions, officers, employees, servants,
attorneys, volunteers and agents serving as its independent contractors in the
role of City officials, as additional insureds. Said insurance, may at applicant’s
option, be in the form of a separate excess insurance policy and may be issued
by a non-admitted carrier so long as the insurer is authorized to do business in
the State of California with a Best’s rating of at least A-VII or a rating of at least A
by Standard & Poor’s and shall comply with all of the requirements of paragraphs
a, b, d, e, f and g of this Condition 33.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
COASTAL PERMIT NO. 166
32) All plans submitted to the City for review shall identify the location of the Coastal
Setback Line and the Coastal Structure Setback Line in reference to the
proposed structure. Furthermore, all plans shall identify the Habitat
Enhancement Area, including the 50’ planting transitional areas, as described in
Condition No. 78.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
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33) Except as provided herein as part of the Conditional Use Permit and Variance
(allowing the construction of the Lower Pool Facility within the Coastal Setback
Zone and the lower beach improvements), pursuant to the RPVMC, no new uses
or structural improvements shall be allowed in the area seaward of the Coastal
Setback Line including, but not limited to, slabs, walkways, decks 6” or more in
height, walls or structures over 42” in height, fountains, irrigation systems, pools,
spa, architectural features, such as cornices, eaves, belt courses, vertical
supports or members, chimneys, and grading involving more than 20 cubic yards
of earth movement, or more than three feet of cut or fill.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
34) All proposed structures within the Point Fermin Vista Corridor and Catalina View
Corridor shall be constructed in accordance with the height limitations as
identified in the City’s Coastal Specific Plan and the project’s certified EIR.
CONDITIONAL USE PERMIT NO. 215
Hotel Operations
35)
A. The main hotel building and the freestanding bungalow units shall consist of
no more than an aggregate total of 400 rooms (360 hotel rooms and 20
bungalow units, two keys per bungalow) and shall not be designed for
multiple keys for a configuration exceeding 400 rooms. A main hotel room,
for purposes herein, shall consist of any of the following: a typical guest room,
a two-bay suite, one or more multiple-bay rooms with a single key, or a
hospitality suite, as shown in Exhibit 7.14 of the Long Point Resort Permit
Documentation dated June 23, 2000. Furthermore, the bungalow units shall
consist of two-keyed accommodations with one or more bedroom areas which
may contain a living room area as shown in Exhibit 7.15 of the Long Point
Resort Permit Documentation dated June 23, 2000.
B. A maximum total of 50 hotel suites and guestrooms may be sold to individual
persons or private entities, subject to the following restrictions: An owner of a
unit may utilize that unit for no more than sixty (60) days per calendar year,
and no more than twenty-nine (29) consecutive days at any one time. A
minimum seven (7) day period shall intervene between each twenty-nine (29)
consecutive day period of occupancy by the owner. When not being used by
the owner, the hotel suite or guestroom shall be available as a hotel
accommodation, which shall be fully managed by the resort hotel operator.
Deed restrictions to this effect, which are satisfactory to the City Attorney,
shall be recorded prior to any sale of any unit. The 50 hotel suites and
guestrooms that may be sold to individual persons or private entities will
consist of a mix of single-key suites, suites with two-keys, and single-key
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guestrooms. The precise location and mix of these units shall be described in
detail at the time the tract map is processed by the City, but in no event shall
the number of keys exceed 66 keys.
C. The bungalow units shall consist of no more than 20 bungalow units, with a
maximum keying configuration of two (2) keys per bungalow unit resulting in a
maximum possible 40 accommodations. The bungalow units may be sold to
individual persons or private entities, subject to the following restrictions: An
owner of a unit may utilize that unit for no more than sixty (60) days per
calendar year, and no more than twenty-nine (29) consecutive days at any
one time. A minimum seven (7) day period shall intervene between each
twenty-nine (29) consecutive day period of occupancy by the owner. When
not being used by the owner, the bungalow unit shall be available as a hotel
accommodation, which shall be fully managed by the resort hotel operator.
Deed restrictions to this effect, which are satisfactory to the City Attorney,
shall be recorded prior to any sale of any unit.
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
36) The casita units shall consist of no more than 50 casita units, with a maximum
keying configuration of three (3) keys per casita unit resulting in a maximum
possible 150 accommodations. The casita units may be sold to individual
persons or private entities, subject to the following restriction: An owner of a unit
may utilize that unit for no more than sixty (60) days per calendar year, and no
more than twenty-nine (29) consecutive days at any one time. A minimum seven
(7) day period shall intervene between each twenty-nine (29) consecutive day
period of occupancy by the owner. When not being used by the owner, the
casitas unit shall be available as a hotel accommodation, which shall be fully
managed by the resort hotel operator. Deed restrictions to this effect, which are
satisfactory to the City Attorney, shall be recorded prior to any sale of any unit.
37) The resort villa units shall consist of no more than 32 single keyed units. The
resort villa units may be sold to individual persons or private entities, subject to
the following restriction: An owner of a unit may utilize that unit for no more than
ninety (90) days per calendar year, and no more than twenty-nine (29)
consecutive days at any one time. A minimum seven (7) day period shall
intervene between each twenty-nine (29) consecutive day period of occupancy
by the owner. The Villas shall be fully managed by the resort hotel operator
when not used by the owners, and made available for rental by the general
public. When not being used by the owner, the villa shall be available as a hotel
accommodation, which shall be fully managed by the resort hotel operator. Deed
restrictions to this effect, which are satisfactory to the City Attorney, shall be
recorded prior to any sale of any unit.
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(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
38) If any villa unit, casita unit, bungalow unit, hotel suite or guestroom is not sold or
made available for sale, the unit shall be available as a hotel accommodation
which shall be fully managed by the resort hotel operator.
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
39) Any person or entity ("hotel guest") who pays the hotel operator for the privilege
of occupying one or more rooms, bungalows, villas or casitas ("unit") shall not
occupy or have the right to occupy any unit for more than twenty-nine (29)
consecutive days. On or before the twenty-ninth day, the hotel guest shall be
required to check out of the unit(s).
40) Prior to issuance of building permits for the resort villa units, casita units,
bungalow units, and hotel suite or guestrooms that may be sold to individual
persons or private entities, the following shall be completed:
a) The applicant shall process a parcel map or tract map in accordance with
the Subdivision Map Act.
(REVISED PER RESOLUTION NO. 2005-39 ON APRIL 19, 2005)
b) Deed Restrictions, which restrict the use and operation of all of the
privately owned units and are in a form that is acceptable to the City
Attorney, shall be recorded against all of those units, including, without
limitation, the bungalow units, resort villas, casitas and the fifty hotel guest
suites or guest rooms.
c) The applicant shall create a new nonprofit corporation with a seven-
member board of directors to undertake the duties specified in this
condition. Three members of the nonprofit corporation shall be appointed
by the City Council, and three members of the nonprofit corporation shall
be appointed by applicant or its successor in interest. The six members of
the Board who have been appointed by the City Council and the applicant
shall select the seventh Board Member. The nonprofit corporation will be
charged with spending its resources (net of its operating expenses) for
only the following purposes: the maintenance, repair, replacement and
enhancement of trails, parks, open space areas and streets within the City
of Rancho Palos Verdes (other than on the project site), which are owned
in fee or by easement or by license by the City. The first priority for the
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expenditure of the funds will be on trails, parks and other areas that abut
or are in proximity to the project site.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
d) The applicant shall record against all of the condominium owned units,
including, without limitation, the bungalow units, resort villas, casitas and
fifty hotel guest suites or guestrooms a Declaration of Covenants,
Conditions and Restrictions and Notice of Transfer Fee. Such
document(s) shall set forth the obligation to pay a 1% transfer fee upon
each transfer of ownership of a unit, which 1% shall be assessed against
the sale price for the unit. The transfer fee is not applicable on the initial
sale from the master developer to the first owner. The fee shall be
required to be paid through the escrow for the sale or, if no escrow is
used, at the time of recordation of the deed transferring title. The fee will
be paid to the non-profit corporation. The recorded documents shall
provide a lien right in favor of the nonprofit corporation to secure the
payment obligations and any costs of collection, including, without
limitation, attorney's fees and court costs
(REVISED PER RESOLUTION NO. 2004-78 ON SEPTEMBER 7, 2004)
41) a) The Resort Hotel building, ancillary structures, including but not limited to
the Lower Pool Facility, and all accessory buildings associated with the 9-
hole golf course shall substantially conform to the plans approved by the
City Council and stamped by the Planning Department with the effective
date of this approval.
b) The Resort Hotel may conduct outdoor events, in compliance with the
following standards:
i. Amplified Sound, whether recorded or live, shall be permitted
during the hours set forth in (iii), and speakers for amplified sound
shall be, oriented towards the ocean away from surrounding
properties.
ii. No outdoor spot-lights, neon lights, or other specialty lighting shall
be permitted to shine into the sky, habitat areas, or onto
neighboring properties, except during the hours set forth in (iii).
iii. Hours for (i) and (ii) use:
• Sundays through Thursdays 8:00 am to 10:00 p.m.
• Fridays and Saturdays 8:00 am to midnight
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A special use permit shall be obtained from the Planning Department for
uses of (i) and (ii) outside of such hours.
No later than six (6) months after the issuance of the Certificate of
Occupancy for the main hotel building, the operation of the outdoor events
shall be reviewed by the City Council pursuant to the criteria set forth in
Condition No. 16.
c) The Resort may conduct, as part of the spa operations, outcall massages
and chair massages within the premises of the 102-acre Resort property,
including but not limited to the lower beach area, the golf course, the
villas, the casitas, the bungalows, and hotel rooms. Such spa and
massage services shall be operated in compliance with Chapter 5.24 of
the RPVMC and State licensing requirements, including but not limited to
hours of operation and food, beverages, alcohol, and drugs requirements.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
42) The lower beach area approved by the City Council on October 7, 2008 and the
public section of the Lower Pool Facility, which consists of public restroom
facilities and a viewing deck area, as shown on the plans approved by the City
Council on the effective date of the adoption of these conditions, shall be open
and made available to the general public during City park hours, as specified in
the RPVMC. The public snack shop, located within the Lower Pool Facility, shall
be open and made available to the public concurrent with the hours of operation
of the hotel guest component of the structure, with a trial period of one year from
the date of the opening of the snack shop, at which time the City Council will
review the hours of operation of the public snack shop.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
43) Approval of this conditional use permit is contingent upon the concurrent and
continuous operation of the primary components of the project, which are the
hotel, villas, casitas, banquet facilities, spa facilities, retail facilities, and the 9-
hole golf course.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
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44) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to January 4April 9, 2010, whichever occurs first, the use of gardening
equipment for the 9-hole golf course and landscape areas shall be controlled by
a Golf and Hotel Landscape Maintenance Plan which is subject to review and
approval by the Director of Planning, Building and Code Enforcement, based on
an analysis of equipment noise levels and potential impacts to neighboring
residents. The implementation of the Plan shall be formally reviewed by the
Director of Planning, Building and Code Enforcement three (3) months after the
first day of operation of the 9-hole golf course, and shall be subsequently
reviewed on an annual basis thereafter. At the three (3) month review, the
Director may determine that the Plan needs to be revised to address potential
noise impacts. The Director may also determine that additional review periods
and/or other conditions shall be applied to the Maintenance Plan.
Furthermore, if the City receives any justified noise complaints that are caused
by the maintenance of the golf or hotel landscaped and lawn areas, as verified by
the Director of Planning, Building and Code Enforcement, upon receipt of notice
from the City, the operators of the hotel and the 9-hole golf course shall respond
to said verified complaint by notifying the City and implementing corrective
measures within 24 hours from the time of said notice.
The Director’s decision on any matter concerning the Landscape Maintenance
Plan may be appealed to the City Council. Any violation of this condition may
result in the revocation of the Conditional Use Permit.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-__ ON JANUARY 19, 2010)
45) All deliveries utilizing vehicles over forty (40) feet in length shall be limited to the
hours of 5:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 9:00
p.m. on Saturday and Sunday. Other vehicles shall be allowed to make
deliveries 24 hours a day.
46) No heliport operations are approved or permitted for the Resort Hotel Area. If in
the future such operations are desired, a revision to this Conditional Use Permit
shall be required. Any such revision shall be reviewed by the City Council
subject to the provisions stated in the RPVMC.
47) The applicant shall provide twenty-four (24) hour monitoring by appropriately
trained hotel personnel of the project site throughout the calendar year. The
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monitoring shall include observation of all parks, trails and habitat areas.
Additionally, the resort hotel shall provide regular monitoring of the area
surrounding the lower pool facility and the nearby shore (including the lower
beach area), during City park hours, as specified in the RPVMC.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
48) The Maintenance Building and associated maintenance repairs shall be
conducted in an area that is visually screened with landscaping from public view.
Building Design Standards
49) The resort hotel shall contain the following principal visitor-serving structures and
uses, and shall substantially comply with, and not to exceed, the following square
footage numbers:
a) Conference Center / Banquet Facilities – 60,000 square feet
b) Restaurant, bar and lounge - approximately 22,500 square feet
c) Resort related retail, visitor services and guest amenities – approximately
20,000 square feet.
d) Spa Building - 21,077 square feet
Fitness Building – 4,797 square feet
e) Swimming pools - Three for the resort hotel (including the lower pool
facility), one for the West Casitas, one for the Resort Villas, and one within
the spa facility
f) Pool Cabanas: - commensurate with size of adjacent pool
g) Pacifica Pool Building – 1,400 square feet (Hotel Guest Area: consisting of
496 square feet of restroom facilities, 36 square feet of storage closet
space, 431 square feet of pool kitchen area, 6,500 square feet of deck
area excluding the 960 square foot pool. Public Area: consisting of no
less than 3,600 square feet of deck area and 409 square feet of restroom
facilities)
h) This condition was deleted
i) This condition was deleted
j) This condition was deleted
k) This condition was deleted
l) Lookout Bar – 3,500 square feet
m) Resort Hotel Entry Trellis – 250 square feet of roof area
n) Greeting Kiosk –110 square feet
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
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(REVISED PER RESOLUTION NO. 2008-31 ON MAY 6, 2008)
50) A Square Footage Certification prepared by a registered surveyor shall be
submitted to the Director of Planning, Building and Code Enforcement, prior to a
framing inspection, indicating that the buildings, as identified in the previous
condition, do not exceed the permitted square footages.
51) The maximum heights of the buildings approved for the project site shall not
exceed the following criteria:
Hotel Building
a. Maximum roof ridgeline 153 feet above sea level with a maximum roof
ridgeline of 164-feet for the southern fire access and elevator override
tower and 160-feet for the northern elevator override tower plus fireplace
chimneys to the minimum height acceptable by the Uniform Building
Code.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
b. Eastern Elevation (Guest Room Wing) – Maximum Building Height as
measured from the lowest adjacent finished grade for Level 1 (75.50’) to
the highest roof ridgeline (132.50’) shall not exceed 57’; Level 2 (85’) to
the highest roof ridgeline (143’) shall not exceed 58’; and Level 4 (104.5’)
to the highest roof ridgeline (152’) shall not exceed 47.5’.
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
c. Northern Elevation – Maximum building height as measured from the
lowest adjacent finished grade for Level 4 (104.5’) of the hotel guest room
wing at the far northeast corner to the highest roof ridgeline (142.50’) shall
not exceed 38’; Level 4 (104.5’) of the hotel guest wing near the hotel
motor courtyard to the highest roof ridgeline (152’) shall not exceed 47.5’;
Level 4 (105’) at the hotel lobby to the highest roof ridgeline (144’) shall
not exceed 39’; and Level 4 (104.5’) at the hotel banquet facilities to the
highest roof ridgeline (142’) shall not exceed 37.5’.
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
d. Southern Elevation - Maximum building height as measured from the
lowest adjacent finished grade for Level 1 (75.50’) of the hotel guest wing
to the highest roof ridgeline (132.50’) shall not exceed 57’; Level 1
(75.50’)of the hotel guest wing to the highest roof ridgeline (143’) shall not
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exceed 67.5’; Level 4 (85’) at the hotel lobby to the highest roof ridgeline
(144’) shall not exceed 59’; and Level 2.4 (89’) of the hotel banquet
facilities to the highest roof ridgeline (142’) shall not exceed 53’.
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
e. Western Elevation - Maximum building height as measured from the
lowest adjacent finished grade for Level 4 (104.5’’) at the hotel banquet
facilities to the highest roof ridgeline (142’) shall not exceed 37.5’; Level 2
(85’) of the hotel guest wing to the highest roof ridgeline (143’) shall not
exceed 58’; and Level 1(75.50’) of the hotel guest wing to the highest roof
ridgeline (132.50’) shall not exceed 57’.
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Resort Villas – Maximum height shall not exceed 26 feet, as measured from the
lowest adjacent finished grade to the top of the highest roof ridgeline for those
villa structures located outside of the visual corridor of Vertical Zone 1. If any
Villa structure is located within the visual corridor of Vertical Zone 1, as identified
on the site plan, it shall not exceed a maximum height of 16 feet, as measured
from the lowest adjacent finished grade to the top of the highest roof ridgeline.
The following elevation benchmarks shall apply to each villa building:
BUILDING
NUMBER
LOWEST ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE MAXIMUM HEIGHT
10 179.10’ 195.60’ 16’
11 162.50’ 187.92’ 25.42’
12 164.80’ 190.22’ 25.42’
13 166.20’ 191.62’ 25.42’
14 154.00’ 179.92’ 25.92’
15 149.20’ 175.12’ 25.92’
16 149.00’ 174.42’ 25.42’
17 152.30’ 178.22’ 25.92’
18 156.60’ 182.52’ 25.92’
19 161.50’ 187.42’ 25.92’
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Casitas - Maximum height of the casitas located outside of the visual corridor of
Vertical Zone 1 shall not exceed 26 feet as measured from the lowest adjacent
finished grade. The Casitas located within the Coastal Specific Plan’s Vertical
Zone 1 shall not exceed 16 feet in height, as measured from the lowest adjacent
finished grade to the top of the highest roof ridgeline. The following elevation
benchmarks shall apply to each casita building:
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BUILDING
NUMBER
LOWEST
ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE MAXIMUM HEIGHT
Western Casitas
20 130.40’ 156.35’ 26’
21 133.20’ 159.20’ 26’
22 136.60’ 162.60’ 26’
23 128.50’ 154.50’ 26’
24 122.50’ 148.50’ 26’
25 119.50’ 145.50’ 26’
26 116.40’ 142.40’ 26’
27 111.30’ 137.30’ 26’
28 106.90’ 132.90’ 26’
Eastern Casitas
30 108.50’ 134.50’ 26’
31 111.50’ 137.50’ 26’
32 113.80’ 139.80’ 26’
33 114.50’ 130.50’ 16’
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Bungalows - Maximum height of the bungalows shall not exceed 26 feet as
measured from the lowest adjacent finished grade to the top of the highest roof
ridgeline. The following elevation benchmarks shall apply to each bungalow
building:
BUILDING
NUMBER
LOWEST
ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE MAXIMUM HEIGHT
40 69.50’ 95.50’ 26’
41 66.50’ 92.50’ 26’
42 55.50’ 81.50’ 26’
43 59.50’ 85.50’ 26’
44 58.90’ 84.90’ 26’
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Clubhouse – This Condition was deleted
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Golf Maintenance Facility – This Condition was deleted
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Fine Dining Restaurant – Maximum height of the fine dining restaurant shall not
exceed 16-feet as measured from the lowest adjacent finished grade to the top of
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the highest roof ridgeline. The following elevation benchmarks shall apply to the
fine dining restaurant building:
LOWEST ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE MAXIMUM HEIGHT
97.50’ 118.50’ 21’
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Lookout Bar – Maximum height of the Lookout Bar shall not exceed 19 feet as
measured from the lowest adjacent finished grade to the top of the highest roof
ridgeline. The following elevation benchmarks shall apply to the lookout bar
building:
LOWEST ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE MAXIMUM HEIGHT
52.00’ 71.00’ 19’
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Lower Pool Facility – Maximum height of the lower pool facility shall not exceed
16 feet, as measured from the lowest adjacent finished grade to the top of the
highest roof ridgeline. The following elevation benchmarks shall apply to the
lower pool facility building:
LOWEST ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE
MAXIMUM
HEIGHT
57.73’ 73.73’ 16’
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Spa and Fitness Facility – Maximum height of the spa building shall not exceed
32 feet and the fitness building shall not exceed 20.5 feet. Both structures shall
be measured from the lowest adjacent finished grade to the top of the highest
roof ridgeline. The following elevation benchmarks shall apply to the spa and
fitness facility:
BUILDING LOWEST ADJACENT
FINISHED GRADE
MAXIMUM
ROOF RIDGELINE MAXIMUM HEIGHT
Spa Facility 48.50’ 80.50’ 32’
Fitness Facility 48.50’ 69’ 20.50’
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(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-17 ON MARCH 4, 2008)
Parking Structure – This condition was deleted.
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
Accessory Structures – Maximum height of all accessory structures, including but
not limited to pool cabanas, pool pavilions, trellises, and other stand alone
accessory structures, shall not exceed 12 feet, as measured from the lowest
adjacent finished grade to the top of the highest roof ridgeline.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Flagpoles – three flagpoles shall be permitted adjacent to the main hotel building,
as shown on the plans dated April 2009, at a maximum of 35-feet for one
flagpole and 30-feet for two flag poles.
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
Architectural Features – architectural elements (cupolas, rotundas, and towers)
may exceed the foregoing height limits with the prior written approval of the
Director of Planning, Building and Code Enforcement, provided that such
elements are generally consistent with the plans reviewed by the City Council.
Chimneys - Fireplace chimneys shall be limited to the minimum height
acceptable by the Uniform Building Code
52) A Building Pad Certification shall be prepared by a licensed engineer and
submitted to Director of Planning, Building and Code Enforcement prior to final
inspection of grading activities. A Roof Ridgeline Certification, indicating the
maximum height of each building, shall be prepared by a licensed engineer and
submitted to Director of Planning, Building and Code Enforcement prior to the
final framing certifications for each building.
53) In no event shall any structure, including architectural features, exceed the
elevation height of Palos Verdes Drive South adjacent to the project site, as
measured from the closest street curb adjacent to the structure in question and
the ridgeline of the proposed building. This condition shall not apply to chimneys
built to the minimum standards of the Uniform Building Code.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
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54) Glare resulting from sunlight reflecting off building surfaces and vehicles shall be
mitigated by such measures as incorporating non-reflective building materials
and paint colors into the design of the hotel architecture, as well as landscaping
around the buildings and parking lots.
55) This condition was deleted.
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
56) The applicant shall submit an Architectural Materials Board for review and
approval by the Director of Planning, Building and Code Enforcement prior to
issuance of building permits. The Materials Board shall identify, at the least, a
sample of the proposed exterior building materials, such as roof tile materials and
paint colors.
57) The hotel buildings, and ancillary structures, shall be finished in a muted earth-
tone color, as deemed acceptable by the Director of Planning, Building and Code
Enforcement during the review of the Materials Board.
58) The roof materials for all pitched roofs of the hotel buildings, including but not
limited to the Villas, Casitas, Bungalows and all other ancillary structures, shall
be tile, consisting of a muted color, as deemed acceptable by the Director of
Planning, Building and Code Enforcement during the review of the Materials
Board. The material for all flat roofs shall be a color that is compatible with the
color of the tiles used on the pitched roofs throughout the resort hotel, as
deemed acceptable by the Director of Planning, Building and Code Enforcement.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
59) All trash enclosure areas shall be designed with walls six (6) feet in height with
the capability of accommodating recycling bins. The enclosures shall be
consistent with the overall building design theme in color and material, and shall
include self-closing / self-latching gates. The enclosures shall integrate a trellis
type roof cover to visually screen and to reduce their visibility from all public
rights-of-way and surrounding properties.
60) In accordance with the Commercial Recreational zoning district, the Resort Hotel
Area shall not exceed a maximum lot coverage of thirty (30%) percent. For the
purpose of this project, the definition of Lot Coverage shall adhere to the
residential standards set forth in Section 17.02.040(A)(5) of the RPVMC.
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61) In addition to the Coastal Setback line, as required by the RPVMC, all other
building setbacks shall comply with the Commercial-Recreational zoning
requirements, unless otherwise noted herein. A Setback Certification shall be
prepared by a licensed engineer and submitted to Building and Safety prior to the
framing inspection on each structure.
Public Amenities (Trails and Parks)
62) Prior to the issuance of any building or grading permits for the hotel, casitas, spa,
villas, or clubhouse, the applicant shall submit and receive approval for a Public
Amenities Plan which shall include specific design standards and placement for
all trails, vista points, parking facilities, signs, and park areas, including the lower
beach area, within the project site, as specified in the conditions herein.
Additionally, the Plan shall include the size, materials and location of all public
amenities and shall establish a regular maintenance schedule. City Staff shall
conduct regular inspections of the public amenities. The Plan shall be reviewed
and approved by the City Council at a duly noticed public hearing, as specified in
the RPVMC.
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
63) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, or the operation of the 9-hole golf course, whichever
occurs first, the applicant shall complete the construction of the following public
access trails, public parks and other public amenities within the project site,
except for the lower beach area (constructed after obtaining approvals from the
Coastal Commission and the State Lands Commission) and the Lookout Bar,
which shall be constructed within six (6) months after the issuance of the first
Certificate of Occupancy for the resort hotel:
a. Implementation of the Public Amenities Plan (such as benches, drinking
fountains, viewing telescopes, bicycle racks, fences, signs, irrigation, and
landscaping)
b. Public trails and trail signs to the satisfaction of the City (The Marineland
Trail Segment (C5), Long Point Trail Segment (D4), Flowerfield Trail
Segment (E2), and Café Trail Segment (J2) improvements).
c. Bicycle paths along southern lane of Palos Verdes Drive South adjacent to
the project site.
d. The coastal public parking area within the resort hotel project area serving
the coastal access points.
e. The expansion of the Fishing Access Parking Lot.
f. Improvements to the existing Fishing Access Parking lot.
g. Improvements to the Public Restroom facility at the Fishing Access site.
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h. Public section of the Lower Pool Facility (consisting of outdoor tables and
seating, men and women restroom and changing facilities, planter boxes
with trees that provide shaded seating areas, access to the pool kitchen
facility, outdoor showers and drinking water fountains).
i. The 2.2 acre Bluff-Top park.
j. Habitat Enhancement Area.
k. The lower beach improvements, including the drainage channel and the
importation of sand, shall not be constructed until the applicant can
demonstrate that approvals have been obtained from the California
Coastal Commission and the State Lands Commission.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
64) The City encourages incorporation of a marine theme into the project’s public
trails and park area.
65) The applicant shall upgrade the City’s Fishing Access parking lot, fencing, signs,
and landscaping to be consistent with the proposed 50 space parking lot
expansion on the project site. Said improvements shall be reviewed and
approved by the City, and shall be constructed prior to issuance of a final
Certificate of Occupancy for the main hotel building or prior to August 1, 2009,
whichever occurs first
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
66) The applicant shall improve, to the satisfaction of the Director of Planning,
Building and Code Enforcement and Public Works Director, the existing public
restroom facility located at the City’s Fishing Access to architecturally and
aesthetically resemble the resort hotel buildings and related public amenities.
Said improvements shall be reviewed and approved by the City, and shall be
constructed prior to issuance of a final Certificate of Occupancy for the main
hotel building or prior to August 1, 2009, whichever occurs first
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
67) Prior to the issuance of a final Certificate of Occupancy for the main hotel
building, or prior to August 1, 2009, or prior to recordation of Final Parcel Map
No. 26073, whichever occurs first, the applicant shall dedicate easements over
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all public trails, habitat areas, vista points, and public amenities to the City of
Rancho Palos Verdes.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
68) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall dedicate the
2.2-acre Bluff-Top Park and 1.0 acre adjacent Fishing Access parking lot
expansion (50 parking spaces) to the City. Maintenance of the trails, park
grounds and landscaping, including but not limited to the landscaping located
within the Fishing Access Parking Lot shall be maintained by the applicant as
long as a hotel is operated on the property.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
69) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall dedicate an
easement to the City and construct two Public Vista Points along the Long Point
Trail Segment (D4) in locations to be approved by the Director of Planning,
Building, and Code Enforcement in the review of the Public Trails Plan. Habitat
fencing, as well as habitat protection signs shall be posted in and around any
vista point. The square footage of any Habitat Enhancement Area or the 50-foot
transitional area that is used for the vista points shall be replaced at a ratio of 1:1.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
70) Prior to recordation of any final map or issuance of any building or grading
permits, the applicant shall submit to the Director of Public Works a Public Trails
Plan which identifies the on-site and off-site pedestrian and bicycle trails
proposed for the project for review and approval by the City Council. The plan
shall include details regarding trail surface, trail width, and trail signage.
Furthermore, all trail segments shall be constructed with appropriate trail
engineering techniques, as approved by the City’s Director of Public Works, to
avoid soil erosion and excessive compaction. The public trails, as identified in
the city’s Conceptual Trails Plan shall include: the Marineland Trail Segment
(C5); the Long Point Trail Segment (D4); the Flower Field Trail Segment (E2);
and the Café Trail Segment (J2). Furthermore, the beach access trail at the
southeast corner of the project site shall also be kept open to the public and shall
be maintained by the applicant.
71) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall construct a
class II bikeways along Palos Verdes Drive South, adjacent to the project site, to
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the satisfaction of the Director of Public Works. In the event any drainage grates
are required, all grates shall be installed in a manner that is perpendicular to the
direction of traffic to the satisfaction of the Director of Public Works.
(REVISED PER RESOLUTION NO. 2005-107 ON OCTOBER 4, 2005)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
72) All project related trails, as identified in the City’s Conceptual Trails Plan, shall be
designed to the following minimum standards for trail widths, with easements
extending an additional foot on either side of the trail:
a. Pedestrian Only – 5-foot improved trail width within a 10-foot dedication
area, except for the Bluff Top Trail. The Bluff Top Trail shall be a
minimum of 4-feet wide, with 5-foot by 5-foot areas of refuge located along
the trail at maximum intervals of 200 feet, within a 10-foot dedication area.
b. Pedestrian/Equestrian – 6-foot improved trail width, 8-foot dedication
c. Pedestrian/Bike – 6-foot improved trail width, 8-foot dedication
d. Joint Pedestrian/Golf Cart – 10-foot improved trail, 12-foot dedication.
Standard golf cart-only paths, if constructed, shall be 6-feet wide, and require no
easement dedication.
If a golf cart path is parallel, but not immediately abutting, a pedestrian path, a 2-
foot minimum separation between the two paths shall be incorporated into the
design of the paths in question and shall be maintained at all times thereafter. If
a golf cart path is immediately abutting a pedestrian path without separation, the
golf cart path shall be curbed.
All sidewalks and pathways throughout the project site shall be designed to
comply with the minimum width standards set forth in the 2002 California
Disabled Accessibility Guidebook.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
73) Where feasible, the applicant shall design, to the satisfaction of the Director of
Planning, Building, and Code Enforcement, public trails, public restrooms and
public park facilities that are in compliance with the American Disabilities Act
requirements.
74) The Lower Pool Facility and the trail from the public parking lot nearest the hotel
building to the Lower Pool Facility shall be constructed in compliance with all the
standards established by the American with Disabilities Act (ADA).
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75) Where feasible, the applicant shall design trails, to the satisfaction of the Director
of Planning, Building and Code Enforcement, that do not exceed a maximum
gradient of twenty (20%) percent.
Landscaping/Vegetation
76) Prior to issuance of any building or grading permits, the applicant shall record a
conservation easement covering the Bluff-face/Habitat Enhancement Area. The
conservation easement shall be recorded in favor of the City of Rancho Palos
Verdes, and shall first be reviewed and accepted by the City Attorney.
77) The Habitat Enhancement Area shall extend from the Los Angeles County
Fishing Access Parking Lot to the toe of the slope immediately north of the
Lookout Bar. The Habitat Enhancement Area shall be thirty (30) feet wide, as
measured from the inland limits of the coastal bluff scrub, as specified in the
Mitigation Measures adopted by the City Council by Resolution No. 2002-34. All
public trails in this portion of the site shall not encroach into the Habitat
Enhancement Area.
78) A Landscape Plan shall be prepared by a qualified Landscape Architect in
accordance with the standards set forth in RPVMC. The Landscape Plan shall
be reviewed and approved by the Director of Planning, Building and Code
Enforcement, a qualified Landscape Architect and a qualified botanist, hired by
the City, prior to the issuance of any building or grading permits. The applicant
shall establish a Trust Deposit account with the City prior to the submittal of
Landscape Plans to cover all costs incurred by the City in conducting such
review. During the Director’s review, the Landscape Plan shall also be made
available to the public, including but not limited to representatives from the
California Native Plant Society, for review and input.
The Ornamental Landscape Plan shall comply with the water conservation
concepts, the View Preservation Ordinance, the planting requirements, the
irrigation system design criteria, and all other requirements of the RPVMC.
Notwithstanding the proceeding, a tree or other foliage that is located adjacent
to a structure that already impairs a view from a surrounding property may grow
to the ridgeline of that structure so that the foliage screens the structure but does
not increase the degree of view impairment. Except as specified in these
conditions and except for trees adjacent to the Villas which will not be higher than
the adjacent street curb of Palos Verdes Drive South or the maximum ridgeline of
the adjacent Villa, whichever is lower, all other trees and foliage located within
the City’s Coastal Specific Plan’s View Corridors (Catalina and Point Fermin)
shall not exceed the permitted height limits of the Coastal Specific Plan’s View
Corridors or if not located in a View Corridor shall not exceed the height limit of
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the street curb at the Fishing Access Parking Lot, defined at 158-feet above sea
level. In no event shall any foliage allowed pursuant to this condition impair
visibility through a protected view corridor, as identified in the project EIR. The
Plan shall identify the plant and seed sources and the required lead time that will
be needed to implement the plan. A colorful plant palette shall be utilized in the
design of the hotel landscaping where feasible, provided that impacts to native
and protected vegetation will not occur. No invasive plant species shall be
included in the plant palette, except for the following species which exist on-site
or within the immediate area: Eucalyptus, Nerium Oleander, Olea Europia (olive
tree), Phoenix (all species), Shinus Molle (California Pepper Tree), Shinus
Terebinthifolius (Florida Pepper Tree).
The Habitat Enhancement Area, which serves as a plant buffer for the El
Segundo Blue Butterfly and the Bluff Habitat shall consist of suitable, locally
native plants. In addition, the 50-foot wide planting area inland of the Habitat
Enhancement Area, as specified in the adopted Mitigation Monitoring Program
(5.3-2c) attached as Exhibit “C” of Resolution No. 2002-34, shall also be planted
with suitable, locally native plants and grasses. When available, it is
recommended that seeds and plants for both areas come from local sources.
The applicant shall submit for review and approval by the Director of Planning,
Building and Code Enforcement and a qualified biologist, at the expense of the
applicant, a Habitat Enhancement Management Plan that shall ensure regular
maintenance to prevent propagation of invasive plants into the Habitat
Enhancement or buffer areas and that any invasive plants that do propagate into
the Habitat Enhancement Area will be immediately removed. Said Management
Plan shall be submitted for review and approval at the same time as the
Landscape Plan.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
79) Landscaping proposed surrounding the Resort Villas shall be situated in a
manner that, at maturity, visually screens the buildings from Palos Verdes Drive
South, as well as visually separates the dense appearance of the Villas. Said
landscaping shall also be permitted to grow beyond the maximum height of the
Villas’ roof ridgeline, only when such landscaping is able to screen the roof
materials and not block a view corridor, as determined by the Director of
Planning, Building and Code Enforcement at the time the Landscape Plan is
reviewed.
80) Reasonable efforts shall be made by the applicant to preserve and replant
existing mature trees, as deemed acceptable by the Director of Planning,
Building and Code Enforcement. Any replanted trees, if invasive, shall not be
located in the native plant area (30-foot Habitat Enhancement Area and 50-foot
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transition area). Any such replanted or retained trees shall be noted on the
required landscape plans.
81) Where practical, landscaping shall screen the hotel building, ancillary structures,
and the project’s night lighting as seen from surrounding properties and/or public
rights-of-way, as depicted on the Landscape Plan.
Lighting
82) The applicant shall prepare and submit a Lighting Plan for the Resort Hotel Area
in compliance with the RPVMC. The Lighting Plan shall clearly show the
location, height, number of lights, wattage and estimates of maximum illumination
on site and spill/glare at property lines for all exterior circulation lighting, outdoor
building lighting, trail lighting, parking lot lighting, landscape ambiance lighting,
and main entry sign lighting. The Lighting Plan shall be submitted for review and
approval by the Director of Planning, Building and Code Enforcement prior to
issuance of any building permit for the Resort Hotel Area. Furthermore, prior to
the Director’s review, the Lighting Plan shall be reviewed and approved by a
qualified biologist for potential impacts to wildlife.
83) Parking and Security lighting shall be kept to minimum safety standards and shall
conform to City requirements. Fixtures shall be shielded so that only the subject
property is illuminated; there shall be no spillover onto residential properties or
halo into the night sky. A trial period of ninety (90) days from the installation of
the project exterior lighting for the hotel, spa, west casitas, east casitas, villas,
clubhouse, the 9-hole golf course, and surface parking lots shall be assessed for
potential impacts to the surrounding environment. At the end of the ninety (90)
day period, the Director of Planning, Building and Code Enforcement may require
additional screening or reduction in the intensity or number of lights which are
determined to be excessively bright or otherwise create adverse impacts.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
84) This condition was deleted.
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
85) No golf course lighting shall be allowed other than safety lighting for the use of
trails through the 9-hole golf course areas and lighting for the clubhouse and
adjacent parking lot.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
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Signs
86) Prior to the issuance of any building permit, a Uniform Sign Program shall be
submitted to the Planning Department for review and approval by the City
Council, at a duly noticed public hearing. The Sign Program shall include all
exterior signs including resort identification signs, spa identification signs, golf
course signs including routing signs and any warning signs, public safety signs
for trails and park areas, educational signs about habitat or wildlife and any other
proposed project signs. Furthermore, the Sign Program shall indicate the colors,
materials, locations and heights of all proposed signs. Said signs shall be
installed Prior to issuance of a final Certificate of Occupancy for the main hotel
building or prior to August 1, 2009, whichever occurs first.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
Utilities/Mechanical Equipment
87) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to January 4, 2010, whichever occurs first, all utilities exclusively serving the
project site shall be placed underground including cable television, telephone,
electrical, gas and water. All appropriate permits shall be obtained for any such
installation. Cable television, if utilized, shall connect to the nearest trunk line at
the applicant’s expense.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
88) Prior to January 4, 2010 all existing above ground utilities serving the project site
within the public right-of-way adjacent to the property frontage of the project site
shall be placed underground by the applicant. In addition, the two (2) power
poles on either side of Palos Verdes Drive South, and the lines thereon, shall be
placed underground.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
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89) No above ground utility structures cabinets, pipes, or valves shall be constructed
within the public rights-of-way without prior approval of the Director of Public
Works.
90) Mechanical equipment, vents or ducts shall not be placed on roofs unless the
applicant demonstrates, to the satisfaction of the Director of Planning, Building
and Code Enforcement, that there is no feasible way to place the equipment
elsewhere. In the event that roof mounted equipment is the only feasible
method, all such equipment shall be screened and/or covered to the satisfaction
of the Director of Planning, Building, and Code Enforcement so as to reduce their
visibility from adjacent properties and the public rights-of-way. Any necessary
screening or covering shall be architecturally harmonious with the materials and
colors of the buildings, and shall not increase any overall allowed building height
permitted by this approval. This condition shall apply to all buildings in the
Resort Hotel Area, including but not limited to, the hotel, bungalows, casitas,
villas, and spa.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
91) Use of satellite dish antenna(e) or any other antennae shall be controlled by the
provisions set forth in the RPVMC. Centralized antennae shall be used rather
than individual antennae for each room, building or accommodation.
92) Mechanical equipment, regardless of its location, shall be housed in enclosures
designed to attenuate noise to a level of 65 dBA at the project site’s property
lines. Mechanical equipment for food service shall incorporate filtration systems
to eliminate exhaust odors.
93) All hardscape surfaces, such as the parking area and walkways, shall be
properly maintained and kept clear of trash and debris. The hours of
maintenance of the project grounds shall be restricted to Mondays through
Fridays from 7:00 a.m. to 5:00 p.m., and on Saturdays from 9:00 a.m. to 4:00
p.m. Said maintenance activities shall be prohibited on Sundays and National
holidays.
94) The storage of all goods, wares, merchandise, produce, janitorial supplies and
other commodities shall be permanently housed in entirely enclosed structures,
except when in transport.
Fences, Walls, and Gates
95) No freestanding fences, walls, or hedges shall be allowed, unless a Uniform
Fencing Plan is reviewed and approved by the Director of Planning, Building, and
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Code Enforcement, except as otherwise required by these conditions or the
mitigation measures set forth in the Mitigation Monitoring Plan attached as
Exhibit “C” to Resolution No. 2002-34. Said Fencing Plan shall be reviewed and
approved prior to issuance of any building permit and shall be installed prior to
issuance of a final Certificate of Occupancy for the main hotel building or by
August 1, 2009 or prior to use of the Resort by the public, including paying
guests, whichever occurs first. No entry gates shall be permitted.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
96) The design of the fencing required along the bluff top park, bluff top trails, and
the Habitat Preserve Areas shall be included in the Public Amenities Plan, as
required herein. Said fencing shall be modeled to generally resemble the wood /
cable fence installed in City parks, such as Shoreline Park and Ocean Trails.
97) All pools and spas shall be enclosed with a minimum 5’ high fence, with a self-
closing device and a self-latching device located no closer than 4’ above the
ground.
98) All fencing surrounding the Lower Pool Facility, including pool and spa security
fencing, shall be constructed in a manner that meets the minimum fence
standards for pool safety, as noted in the above condition, and shall minimize a
view impairment of the coastline as determined by the Director of Planning,
Building and Code Enforcement.
99) No safety netting for the 9-hole golf course shall be permitted.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
100) Any on-site fencing along Palos Verdes Drive South shall be no higher than two
(2) feet in height and shall be modeled to generally resemble the fencing installed
along Palos Verdes Drive West for the Ocean Front Estates project. The
landscaping on the project side of Palos Verdes Drive South in this general area,
as determined by the Planning Director, shall be limited to 1-foot in height above
the closest street curb adjacent to the project site.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
Source Reduction and Recycling
101) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to November 1, 2009, whichever occurs first, the applicant shall prepare
and submit to the Director of Public Works for review and approval a
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comprehensive Integrated Waste Management Plan that addresses source
reduction, reuse and recycling. The Plan shall include a description of the
materials that will be generated, and measures to reduce, reuse and recycle
materials, including, but not limited to, beverage containers, food waste, office
and guest room waste. The Plan shall also incorporate grass cycling,
composting, mulching and xeriscaping in ornamental landscaped areas. Grass
cycling, composting, or mulching shall not be used in the Habitat Areas. It is the
City’s intention for the project to meet Local and State required diversion goals in
effect at the time of operation. The specifics of the Plan shall be addressed by
the applicant at the time of review by the Director of Public Works.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
102) Prior to issuance of any building or grading permits, an approved Construction
and Demolition Materials Management Plan (CDMMP or the Plan) shall be
prepared and submitted to the Director of Public Works for approval. The
CDMMP shall include all deconstruction, new construction, and
alterations/additions. The CDMMP shall document how the Applicant will divert
85% of the existing on-site asphalt, base and concrete, through reuse on-site or
processing at an off-site facility for reuse. The Plan shall address the parking
lots, concrete walkways, and other underground concrete structures. The Plan
shall also identify measures to reuse or recycle building materials, including
wood, metal, and concrete block to meet the City’s diversion goal requirements
as established by the State Integrated Waste Management Act (AB 939). In no
case shall the Plan propose to recycle less than the state mandated goals as
they may be amended from time to time.
103) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to November 1, 2009, whichever occurs first, a Construction and Demolition
Materials Disposition Summary (Summary) shall be submitted to the Director of
Public Works upon completion of deconstruction and construction. The
Summary shall indicate actual recycling activities and compliance with the
diversion requirement, based on weight tags or other sufficient documentation.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
104) Where possible, the site design shall incorporate for solid waste minimization, the
use of recycled building materials and the re-use of on-site demolition debris.
105) The project site design shall incorporate areas for collection of solid waste with
adequate space for separate collection of recyclables.
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Street and Parking Improvements
106) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, emergency vehicular access shall
be installed at the project site, specifically to the hotel, villas, casitas, and the golf
club house and golf practice facilities. A Plan identifying such emergency access
shall be submitted to the Fire Department and the Director of Public Works for
review and approval prior to issuance of any building permit.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
107) Prior to issuance of any building permit, the applicant shall prepare an
Emergency Evacuation Plan for review and approval by the Director of Planning,
Building and Code Enforcement. Said plan shall comply with the City’s SEMS
Multihazard Functional Plan.
108) The applicant shall construct and retain no fewer than 875 parking spaces on the
resort property, of which 50 parking spaces shall be dedicated for public use, at
no cost to the users of the public parking lot, during City Park Hours, which are
from one hour before sunrise until one after sunset. The 50 dedicated public
parking spaces on the resort hotel property nearest to the hotel building may be
used by the hotel to accommodate its overflow valet parking needs when the City
parks are closed for those wishing to use hotel amenities but who are not staying
overnight. Additionally, these 50 public parking spaces may be used by the
operator of the resort hotel for special events during City park hours, provided
that a Special Use Permit is obtained from the Planning Department, which shall
be processed pursuant to the provisions of the RPVMC. The applicant shall
install signs in the public parking lot nearest to the hotel building stating that
additional public parking is available at the Fishing Access parking lot.
The applicant shall also expand the Fishing Access Parking Lot by constructing
50 additional public parking spaces that shall be deeded to the City as a public
parking area.
Vehicular ingress and egress to the property and the parking lots, including the
public parking lot, shall be via a "greeting kiosk", as shown on the site plan
approved by the City Council on December 5, 2006. The operation of the
"greeting kiosk" shall not result in the refusal or discouragement of the use of the
free public parking within the designated public parking lot during City Park
Hours, as specified herein. Signs shall be posted along the entry driveway to
the hotel, between Palos Verdes Drive South and the "greeting kiosk" indicating
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that public parking is available during City Park Hours. The hotel operator shall
provide the Planning Director with annual reports (January 1 - December 31)
specifying the daily use of the public parking so as to ensure that the operation of
the "greeting kiosk" is not impeding public access to the designated public
parking lot. The operation of the "greeting kiosk," as it relates to vehicular
access to the designated public parking lot, shall be monitored by the Planning
Director, who shall have the ability to modify the operation of the "greeting kiosk"
to ensure that public access to the designated public parking lot occurs during
City Park Hours.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
109) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, an appropriate public access
easement in favor of the City across the resort entry drive from Palos Verdes
Drive South to the designated public parking area adjacent to the main hotel
building, in a form acceptable to the City Attorney, shall be recorded.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
110) A Parking Lot Plan shall be reviewed and approved by the Director of Planning,
Building and Code Enforcement prior to issuance of project-related grading
permits. The Parking Lot Plan shall be developed in conformance with the
parking space dimensions and parking lot standards set forth in RPVMC or
allowed in this condition of approval, and shall include the location of all light
standards, planter boxes, directional signs and arrows. No more than 20% of the
total parking spaces shall be in the form of compact spaces. The filing fee for the
review of the Parking Plan shall be in accordance to the City’s Fee Schedule as
adopted by Resolution by the City Council.
Valet parking shall be permitted as part of the hotel operation provided it is
operated and managed 24-hours a day by the hotel operators. No more than
203 (23%) of the required 875 parking spaces shall be designated as valet
parking spaces. Each valet parking stall shall be a minimum of 8½’ wide by 18’
deep. Tandem parking stalls for use by a maximum of three vehicles, shall be
permitted for the designated valet parking lot. All valet employees who operate a
motor vehicle shall have in their possession a valid driver’s license.
(REVISED PER RESOLUTION NO. 2005-107 ON OCTOBER 4, 2005)
(REVISED PER CITY COUNCIL MINUTE ORDER ON MARCH 21, 2006)
111) Prior to the recordation of any final map, or issuance of any grading permit, the
applicant shall submit security, in a form reasonably acceptable to the City, to
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cover any damage caused to existing public roadways during construction. The
amount of said security shall be determined by the Director of Public Works.
112) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to January 4April 9, 2010, whichever occurs first, the applicant shall replace
all damaged curbs, gutters, and sidewalks along the project’s Palos Verdes Drive
South frontage, as determined by the Director of Public Works. Prior to approval
of the Street Improvement Plan, the applicant shall post a security bond in an
amount sufficient to ensure completion of such improvements, including, without
limitation, the costs for labor and material. The amount of such security shall be
determined by the Director of Public Works.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-__ ON JANUARY 19, 2010)
113) All proposed driveways shall be designed in substantially the same alignment as
shown on the approved site plans, subject to final design review and approval by
the Los Angeles County Fire Department and the Director of Public Works.
114) Any on-site raised and landscaped medians and textured surfaces shall be
designed to standards approved by the Director of Public Works.
115) Handicapped access ramps shall be installed and or retrofitted in accordance
with the current standards established by the Americans with Disabilities Act.
Access ramps shall be provided at all intersections and driveways.
116) If excavation is required in any public roadway, the roadway shall be resurfaced
with an asphalt overlay to the adjacent traffic lane line to the satisfaction of the
Director of Public Works.
117) Prior to commencing any excavation within the public rights-of-way, the applicant
shall obtain all necessary permits from the Director Public Works.
118) Prior to the recordation of a final map or issuance of any building or grading
permits, whichever comes first, the applicant shall construct or enter into an
agreement and post security guaranteeing the construction of the following public
and/or private improvements in conformance with the applicable City Standards:
street improvements, medians, sidewalks, drive approaches, bikeways, trails,
signing, striping, storm drain facilities, sub-drain facilities, landscape and
irrigation improvements (medians, slopes, parks, and public areas including
parkways), sewer, domestic water, monumentation, traffic signal systems, trails,
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and the undergrounding of existing and proposed utility lines. If security is posted
it shall be in an amount sufficient to ensure completion of such improvements,
including, without limitation, the costs for labor and materials. The amount of
such security shall be determined by the Director of Public Works. The security
referred to in this condition may be grouped into one of the following categories,
provided that all of the items are included within a category: 1) Landscape and
Irrigation; 2) On-site Street Improvement Plans and Parking, and 3) Palos Verdes
Drive South Improvements.
The construction of the bus shelter at the southeast corner of the entry driveway
and Palos Verdes Drive South shall be constructed by the applicant by June 1,
2010. The applicant shall post a security cash deposit with the City in the
amount of $10,000 prior to the issuance of the Certificate of Occupancy for the
main hotel building or August 1, 2009, whichever occurs first.
(REVISED PER RESOLUTION NO. 2009-24 ON MAY 4, 2009)
119) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall complete the
street improvements to Palos Verdes Drive South as identified in the Mitigation
Measures set forth in the Mitigation Monitoring Plan attached as Exhibit “C” to
Resolution No. 2002-34. The improvements shall include the following:
Installation of a new traffic signal on Palos Verdes Drive South at the project
entrance, a right turn lane for south-bound traffic to facilitate ingress into the
project and a lengthened left turn lane for north-bound traffic to facilitate ingress
into the project.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
120) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall improve with
landscaping and irrigation the median and parkway along Palos Verdes Drive
South, in the area generally located in front of the project site’s entrance
driveway, including the portion of the median that is to be improved with an
expanded left-turn pocket, up to the eastern most driveway of the Fishing Access
Parking Lot. If available, said landscaping shall consist of non-invasive plant
species, except the permitted invasive species listed in Condition No. 78, as
deemed acceptable by the Director of Public Works.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
121) The design of all interior streets shall be subject to review and approval by the
Director of Public Works.
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122) The applicant shall dedicate vehicular access rights to Palos Verdes Drive South
to the City, except as provided for private driveways and emergency access as
shown on the site plan.
123) Prior to the approval of Street Improvement Plans, the applicant shall submit
detailed specifications for the structural pavement section for all streets, both on-
site and off-site including parking lots, to the Director of Public Works for review
and approval.
Traffic
124) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to January 4June 12, 2010, whichever occurs first, the applicant shall pay
the City of Los Angeles for its fair share of the following improvements to the
intersection of Western Avenue (NS) at 25th Street (EW): Provide east leg of 25th
Street with one left turn lane, two through lanes, and one right turn lane.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-__ ON JANUARY 19, 2010)
125) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to January 4April 9, 2010, whichever occurs first, the applicant shall pay the
City of Rolling Hills Estates for its fair share of the following improvements to the
intersection of Hawthorne Boulevard (NS) at Palos Verdes Drive North (EW):
Provide west leg with one left turn lane, one shared left and through lane, one
through lane, and one right turn lane.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-__ ON JANUARY 19, 2010)
126) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to April 9January 4, 2010, whichever occurs first, the applicant shall pay
The City of Rolling Hills Estates for its fair share of the following improvements to
the intersection of Silver Spur Road (NS) at Hawthorne Boulevard (EW): Provide
north leg with one left turn lane, two through lanes, and one right turn lane; and
re-stripe south leg with two left turn lanes, one through lane, and one right turn
lane.
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(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
(REVISED PER RESOLUTION NO. 2010-__ ON JANUARY 19, 2010)
127) Prior to issuance of building or grading permits, the applicant shall provide
security, in a form reasonably acceptable to the Director of Public Works, in the
amount of $100,000 to cover the cost of mitigating any impacts caused by this
project that would require the installation of any new traffic signal that may be
required along Hawthorne Boulevard, Palos Verdes Drive South, or Palos Verdes
Drive West. This security will be held by the City in accordance with the
provisions of Government Code Section 66001 for a minimum five-year period,
from the date of the main hotel building’s Certificate of Occupancy.
128) Upon the opening of the resort hotel or 9-hole golf course, whichever occurs first,
the hotel operators shall implement a shuttle service between the Long Point
Resort Hotel and the Ocean Trails Golf Course. The use of low emissions
vehicles shall be used for the shuttles. The hotel operators shall design the
schedule of the shuttles so as to encourage and maximize its use by hotel
guests.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
129) The applicant shall comply with all applicable provisions of the City's
Transportation Demand Management and Trip Reduction Ordinance as set forth
in RPVMC Section 10.28.
GRADING PERMIT NO. 2229
Grading
130) The following maximum quantities and depths of grading are approved for the
Resort Hotel Area, as shown on the grading plan reviewed and approved by the
City Council at its December 5, 2006 meeting:
a. Maximum Total Grading (Cut and Fill): 784,550 cubic yards.
b. Maximum Cut: 411,889 cubic yards (392,275 cubic yards with 5%
shrinkage).
c. Maximum Fill: 392,275 cubic yards.
d. Maximum Depth of Cut: 31 feet (located in the area of the villas).
e. Maximum Depth of Fill: 21 feet (located in the area of the more inland row
of Western Casitas).
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Prior to issuance of a grading permit by Building and Safety, the grading plan
reviewed by the City Council on December 5, 2006 shall be revised so that the
berm located to the east of Golf Hole No. 8 is reduced by a minimum of 3-feet
over the entire length of the berm, as measured from the eastern side of the
berm, but notwithstanding the foregoing, shall not be reduced below 3-feet in
height over its entire length. The 14-foot tall landscape mound be deleted from
the grading plan.
Any modifications resulting in additional grading in excess of the above amounts
shall require approval of an amendment to the grading permit by the City Council.
This is a balanced grading project. No import or export of earth shall be
permitted, except as provided in Condition No. 155, and except for fine grading
materials, such as select fill.
The importation of sand for the lower beach improvements shall not exceed
1,500 cubic yards, as depicted on the site plan reviewed an approved by the City
Council on October 7, 2008. The loss of sand resulting from extreme weather
conditions, such as storm surges, or other unique circumstances, shall be
replenished on a case-by-case basis with the approval of a Grading Permit
pursuant to criteria set forth in Section of 17.48.020 of the RPVMC. In cases
where more than 1,000 cubic yards of sand shall be replenished, said grading
application shall be reviewed by the City Council rather than the Planning
Council.
Prior to the final inspection of the precise grading, the applicant shall provide the
Building Official with a certified as-built grading plan prepared and wet-stamped
by a licensed engineer. The as-built grading plan shall identify all revisions to
the Council approved grading plan.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
(REVISED PER RESOLUTION NO. 2008-95 ON OCTOBER 7, 2008)
131) All recommendations made by the City Geologist, the City Engineer, and the
Building and Safety Division during the ongoing review of the project shall be
incorporated into the design and construction of the project.
132) All recommendations made by the project’s geologist, as modified by comments
from the City’s reviewers, shall be incorporated into the design and construction
of the project.
133) If applicable, as determined by the City Geologist, prior to the issuance of
grading permits, a bond, cash deposit, or combination thereof, shall be posted to
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cover costs for any geologic hazard abatement in an amount to be determined by
the Director of Public Works.
134) Prior to issuance of a grading permit by Building and Safety, the applicant shall
submit to the City a Certificate of Insurance demonstrating that the applicant has
obtained a general liability insurance policy in an amount not less than five million
dollars per occurrence and in the aggregate to cover awards for any death,
injury, loss or damage, arising out of the grading or construction of this project by
the applicant. Said insurance policy must be issued by an insurer that is
authorized to do business in the State of California with a minimum rating of A-VII
by Best’s Insurance Guide or a rating of at least A by Standard & Poors. Such
insurance shall name the City and the members of its City Council, boards,
committees, commissions, officers, employees, servants, attorneys, volunteers
and agents serving as its independent contractors in the role of City officials, as
additional insureds. A copy of this endorsement shall be provided to the City.
Said insurance shall be maintained in effect for a minimum period of five (5)
years following the final inspection and approval of said work by the City and
shall not be canceled or reduced during the grading or construction work without
providing at least thirty (30) days prior written notice to the City.
135) All on-site public improvements shown on the approved Public Amenities Plan
including necessary irrigation, landscaping, and support facilities shall be bonded
for, or shall have a cash deposit or other City-approved security posted for, in
bonds or amounts to be deemed satisfactory by the Director of Public Works.
Prior to recordation of the Final Map or prior to issuance of grading permits,
whichever occurs first, a bond, cash deposit, or other City-approved security,
shall be posted to cover the costs of grading in an amount to be determined by
the Director of Public Works. The bond, cash deposit, or other City-approved
security, at a minimum, shall be sufficient to pay for the cost of restoring the
project site to an acceptable condition, as determined by the Building Official and
the Director of Public Works, in the event that the project is not completed and
shall include, but not be limited to, stabilizing and hydro-seeding all slopes,
completing all retaining walls that are required to maintain the slopes, installing
erosion control improvements, and filling in grade depressions or holes.
(REVISED PER RESOLUTION NO. 2006-92 ON DECEMBER 5, 2006)
136) Prior to issuance of a grading permit, the applicant shall provide the Director of
Planning, Building and Code Enforcement a plan that demonstrates how dust
generated by grading activities will be mitigated so as to comply with the South
Coast Air Quality Management District Rule 403 and the City’s Municipal Code
requirements which require watering for the control of dust.
8-53
Resolution No. 2010-__
Exhibit B
Page 43 of 53
137) Prior to the issuance of a grading permit, the applicant shall prepare a plan
indicating, to scale, clear sight triangles, which shall be maintained at each
roadway and driveway intersection. No objects, signs, fences, walls, vegetation,
or other landscaping shall be allowed within these triangles in excess of three
feet in height.
138) Prior to the issuance of a grading permit, the following improvements shall be
designed in a manner meeting the approval of the Director of Public Works: 1)
all provisions for surface drainage; 2) all necessary storm drains facilities
extending to a satisfactory point of disposal for the proper control and disposal of
storm runoff; and 3) all water quality related improvements. Where determined
necessary by the Director of Public Works, associated public street and utility
easements shall be dedicated to the City.
139) Prior to the issuance of any precise grading permit, the applicant shall submit to
the Director of Public Works, a plan for the placement of traffic signing, pavement
delineation, and other traffic control devices.
140) Prior to the issuance of grading permits, the applicant shall submit to the Director
of Public Works, for his review and approval, a construction traffic management
plan. Said plan shall include the proposed routes to and from the project site for
all deliveries of equipment, materials, and supplies, and shall set forth the
parking plan for construction employees. All construction related parking must
be accommodated on-site. No construction related parking shall be permitted
off-site.
141) If applicable, as determined by the City Geologist, prior to the issuance of a
grading permit, all geologic hazards associated with this proposed development
shall be eliminated, or the City Geologist shall designate a restricted use area on
the Final Parcel Map where the erection of buildings or other structures shall be
prohibited.
142) Prior to the issuance of building permits, an independent Geology and/or Soils
Engineer’s report on the expansive properties of soils on all building sites shall
be submitted for review and approval by the City Geologist in conformance with
the accepted City Practice.
143) Prior to the issuance of a building permit, an as-built geological report shall be
submitted for structures founded on bedrock, and an as-built soils and
compaction report shall be submitted for structures founded on fill as well as for
all engineered fill areas.
8-54
Resolution No. 2010-__
Exhibit B
Page 44 of 53
144) Prior to the issuance of a grading permit, the applicant’s project geologist shall
review and approve the final plans and specifications and shall stamp and sign
such plans and specifications.
145) Prior to the issuance of a grading permit, a grading plan review and geologic
report, complete with geologic map, shall be submitted for review and approval
by the City’s Geotechnical Engineer.
146) Except as specifically authorized by these approvals, foundations shall be set
back from the Coastal Setback Line in accordance with the RPVMC and shall
extend to such a depth as to be unaffected by any creep-prone surficial soil
and/or weathered bedrock. Field review and certification by the project geologist
is required.
147) All grading shall be monitored by a licensed engineering geologist and/or soils
engineer in accordance wit the applicable provisions of the RPVMC and the
recommendations of the City Engineer. Written reports, summarizing grading
activities, shall be submitted on a weekly basis to the Director of Public Works
and the Director of Planning, Building, and Code Enforcement.
148) The project shall comply with all appropriate provisions of the City’s Grading
Ordinance, unless otherwise approved in these conditions of approval.
149) Grading activity on site shall occur in accordance with all applicable City safety
standards.
150) Prior to final grading inspection by Building and Safety, the graded slopes shall
be properly planted and maintained in accordance with the approved landscaping
plan. Plant materials shall generally include significant low ground cover to
impede surface water flows, and shall be non-invasive, except the permitted
invasive species listed in Condition No. 78
151) Prior to final grading inspection by Building and Safety, all manufactured slopes
shall be contour-graded to achieve as natural an appearance as is feasible.
152) Any water features (lakes, ponds, fountains, and etc.) associated with the 9-hole
golf course, excluding the bioswales used in the water quality treatment train,
shall be lined to prevent percolation of water into the soil. Designs for all water
features shall be included on the grading plans submitted for review by the City’s
Building Official and Geotechnical Engineer.
(REVISED PER RESOLUTION NO. 2006-17 ON MARCH 21, 2006)
8-55
Resolution No. 2010-__
Exhibit B
Page 45 of 53
153) The City’s Building Official, Geotechnical Engineer and Biologist shall determine
in their review of the grading plans whether water features associated with the
water quality treatment train, such as the bioswales or catch basins, shall be
lined to prevent water percolation into the soil, and potential impacts to nearby
sensitive habitat areas.
154) The proposed swimming pool and spa for the Lower Pool Facility shall be double
lined and shall contain a leak detection system, subject to review and approval
by the City’s Building Official.
155) Should the project require removal of earth, rock or other material from the site,
the applicant shall first obtain City approval in the form of a revised Conditional
Use Permit and Grading Permit application. Said review shall evaluate potential
impacts to the surrounding environment associated with export or import. If the
revised grading impacts are found to be greater that identified in the Certified EIR
that cannot be mitigated to an insignificant level, a Supplemental EIR shall be
prepared and reviewed by the City, at the expense of the applicant.
Furthermore, the applicant shall prepare and submit a hauling plan to the Public
Works Department for review and approval prior to issuance of grading permits.
156) The use of a rock crusher on-site shall be conducted in accordance with the
project’s mitigation measures and shall be contained to the area analyzed in the
project’s Environmental Impact Report.
157) During the operation of the rock crusher, a qualified biologist shall monitor noise
levels generated by the activity for potential impacts to nearby wildlife. Said
specialist shall be hired by the City at the cost of the applicant, in the form of a
trust deposit account provided by the applicant.
158) Retaining walls shall be limited in height as identified on the grading plans that
are reviewed and approved by the City. Any retaining walls exceeding the
permitted heights shall require the processing of a revised grading permit for
review and approval by the Director of Planning, Building and Code Enforcement.
Drainage
159) The irrigation system and area drains proposed shall be reviewed and approved
by the City’s Geotechnical Engineer and Director of Public Works.
160) A report shall be prepared demonstrating that the grading, in conjunction with the
drainage improvements, including applicable swales, channels, street flows,
8-56
Resolution No. 2010-__
Exhibit B
Page 46 of 53
catch basins, will protect all building pads from design storms, as approved by
the Director of Public Works.
161) All drainage swales and any other at-grade drainage facilities, including gunite,
shall be of an earth tone color, as deemed necessary by the Director of Building
Planning and Code Enforcement.
162) Prior to issuance of any building or grading permits, the applicant shall submit a
Local Grading and Drainage Plan identifying how drainage will be directed away
from the bluff top, natural drainage courses and open channels to prevent
erosion and to protect sensitive plant habitat on the bluff face. Said Plan shall be
reviewed by the Director of Public Works and the Director of Planning, Building
and Code Enforcement. Said review shall also analyze whether potential
impacts to the bluff top or bluff face may be caused by the proposed drainage
concept.
163) Drainage plans and necessary supporting documents that comply with the
following requirements shall be submitted for review and approval by the Director
of Public Works prior to the issuance of grading permits: A) drainage facilities
that protect against design storms shall be provided to the satisfaction of the
Director of Public Works and any drainage easements for piping required by the
Director of Public Works shall be dedicated to the City on the Final Map; B) sheet
overflow and ponding shall be eliminated or the floors of buildings with no
openings in the foundation walls shall be elevated to at least twelve inches above
the finished pad grade; C) drainage facilities shall be provided so as to protect
the property from high velocity scouring action; and D) contributory drainage from
adjoining properties shall be addressed so as to prevent damage to the project
site and any improvements to be located thereon.
164) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall upgrade the
drainage facility that currently is located on the Fisherman’s access property and
construct a pipe that will convey this water to the proposed drainage system
terminating at Outlet No. 2 to the satisfaction of the Director of Public Works.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
165) Prior to the issuance of any grading or building permit, the applicant shall prepare
and submit a Master Drainage Plan for review and approval by the Director of
Public Works. The Plan shall demonstrate adequate storm protection from the
design storm, under existing conditions, as well as after the construction of future
drainage improvements by the City along Palos Verdes Drive South immediately
abutting the project site.
8-57
Resolution No. 2010-__
Exhibit B
Page 47 of 53
166) Prior to the issuance of any grading permit, the applicant shall demonstrate to the
satisfaction of the Director of Public Works that the design storm can be
conveyed through the site without conveying the water in a pipe and without
severely damaging the integrity of the Urban Stormwater Mitigation Plan (USMP),
especially the bioswale system. If such integrity cannot be demonstrated, the
applicant shall redesign the USMP to the satisfaction of the Director of Public
Works, which may require offsite flows to be diverted into a piped system and
carried though the site. If the piped system is used, the applicant shall dedicate
a drainage easement to the City to the satisfaction of the Director of Public
Works.
167) Prior to the issuance of a grading permit that proposes to convey off-site
drainage through the subject property, the applicant shall execute an agreement
with the City that is satisfactory to the City Attorney that defending, indemnifying
and holding the City, members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials,
(collectively, “Indemnitees”) harmless from any damage that may occur to the
subject property or any improvements, persons or personal property located
thereon due to the conveyance of offsite design storm flows through the site.
NPDES
168) Prior to acceptance of the storm drain system, all catch basins and public access
points that cross or abut an open channel, shall be marked with a water quality
message in accordance with City Standards.
169) Prior to the issuance of any grading or building permits, the applicant shall
furnish to the Director of Public Works, for review and approval, the project’s
Water Quality Management Plan and Maintenance Agreement outlining the post-
construction Best Management Practices (BMPs).
170) Prior to issuance of any building or grading permits, the applicant shall submit for
review and approval by the Director of Public Works a Storm Water Pollution
Prevention Plan (SWPPP) describing the construction phase Best Management
Practices (BMPs) to ensure compliance with the NPDES General Permit for
Storm Water Discharges associated with construction activity (Grading Permit),
No. CA s000002.
171) Prior to issuance of any building or grading permit, the applicant shall submit to
the Director of Public Works a Water Quality Management Plan (“Plan”), for
review and approval by the City Council at a duly noticed public hearing. The
8-58
Resolution No. 2010-__
Exhibit B
Page 48 of 53
Water Quality Management Plan, which shall remain in effect for the life of the
project, shall identify the Best Management Practices (BMPs) used to minimize
and reduce project storm water and runoff pollutants. The Plan shall include
project water quality parameters that meet the objectives of the California Ocean
Plan for non-point discharges in receiving water bodies. Additionally, all storm
water treatment systems shall be designed in accordance with the Los Angeles
County Department of Public Works "Manual for the Standard Urban Stormwater
Mitigation Plan(SUSMP)". The specific BMP design criteria in the SUSMP (May
2002), as developed by the U.S. EPA and American Society of Civil Engineers,
shall be followed.
The Plan shall contain the operation, maintenance and monitoring procedures,
including Fire and Argentine ant management. The Plan shall indicate potential
impacts of the storm water treatment train to surrounding plants and wildlife. The
monitoring of the treatment train shall include the bioswales and catch basins for
the accumulation of pollutants through sampling and testing of both soil material
and vegetation. The Plan shall indicate the frequency of the required monitoring
and the frequency of the removal and replacement of plant material and soil from
the bioswale. Said report shall be reviewed and approved by the City’s Biologist
and/or Chemists. Said monitoring shall be required for the life of the project.
All costs associated with the review, installation and maintenance of the Plan and
project related BMPs shall be the responsibility of the applicant. If the plan
requires construction of improvements, such plans shall be reviewed and
approved by the Director of Public Works.
172) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to January 4, 2010, whichever occurs first, the Water Quality Management
Plan Maintenance Agreement, outlining the post-construction Best Management
Practices, shall be recorded with the Los Angeles County Recorders Office.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
(REVISED PER RESOLUTION NO. 2009-64 ON AUGUST 18, 2009)
(REVISED PER RESOLUTION NO. 2009-80 ON NOVEMBER 4, 2009)
173) Prior to issuance of any building or grading permits, the applicant shall file any
required documents, including the Notice of Intent, and obtain all required
permits from the California Regional Water Quality Control Board.
174) Prior to issuance of any building or grading permits, the applicant shall submit for
review and approval by the Director of Public Works an Erosion Control Plan.
Said Plan shall be designed in conformance with the City standards and the
requirements of the Regional Water Quality Control Board.
8-59
Resolution No. 2010-__
Exhibit B
Page 49 of 53
175) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall implement the
project in full compliance with the standard urban storm water mitigation plan
adopted by the Regional Water Quality Control Board.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
176) Prior to the City Council’s review of the Water Quality Management Plan, the
City’s Geotechnical Engineer shall review and approve the Plan. In the event the
City’s Geotechnical Engineer determines that additional improvements need to
be constructed, the applicant shall revise the Plan accordingly.
Sewers
177) Prior to issuance of any building or grading permits, the applicant shall prepare
sewer plans in accordance with the Countywide Sewer Maintenance District.
The applicant shall be responsible for the transfer of sewer facilities to the
Countywide Sewer Maintenance District for maintenance.
178) A sewer improvement plan shall be prepared as required by the Director of
Public Works and the County of Los Angeles.
179) Prior to issuance of building or grading permits, the applicant shall submit to the
Director of Public Works, a written statement from the County Sanitation District
accepting any new facility design and/or any system upgrades with regard to
existing trunk line sewers. Said approval shall state all conditions of approval, if
any.
180) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall dedicate sewer
easements to the City, subject to review and approval by the Director of Building,
Planning and Code Enforcement and the Director of Public Works with respect to
the final locations and requirements of the sewer improvements.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
181) Sewer Improvement plans shall be approved by the County of Los Angeles, the
County Sanitation Districts, and the Director of Public Works.
182) A sewer connection fee shall be paid to the County Sanitation Districts of Los
Angeles County prior to the issuance of a permit to connect to the sewer line.
8-60
Resolution No. 2010-__
Exhibit B
Page 50 of 53
Water
183) Prior to the construction of any water facilities, the Director of Public Works shall
review and approve the water improvement plan. Any water facilities that cannot
be constructed below ground shall be located on the subject property and
screened from view from any public rights-of-way, to the satisfaction of the
Director of Public Works and the Director of Planning, Building and Code
Enforcement. In addition, an easement to California Water Service shall be
dedicated prior to issuance of any grading or building permits.
184) The project site shall be served by adequately sized water system facilities which
shall include fire hydrants of the size and type and location as determined by the
Los Angeles County Fire Department. The water mains shall be of sufficient size
to accommodate the total domestic and fire flows required for the development.
Domestic flow requirements shall be determined by the City Engineer. Fire flow
requirements shall be determined by the Los Angeles County Fire Department
and evidence of approval by the Los County Fire Department is required prior to
issuance of building permits.
185) Framing of structures shall not begin until after the Los Angeles County Fire
Department has determined that there is adequate fire fighting water and access
available to said structures.
186) The applicant shall file with the Director of Public Works an unqualified "will
serve" statement from the purveyor serving the project site indicating that water
service can be provided to meet the demands of the proposed development.
Said statement shall be dated no more than six months prior to the issuance of
the building permits for the main hotel structure. Should the applicant receive a
qualified "will serve" statement from the purveyor, the City shall retain the right to
require the applicant to use an alternative water source, subject to the review and
approval of the City, or the City shall determine that the conditions of the project
approval have not been satisfied.
187) Prior to the issuance of building or grading permits, the applicant shall file with
the Director of Public Works, a statement from the purveyor indicating that the
proposed water mains and any other required facilities will be operated by the
purveyor, and that under normal operating conditions the system will meet the
needs of the project.
TENTATIVE PARCEL MAP NO. 26073
8-61
Resolution No. 2010-__
Exhibit B
Page 51 of 53
188) The proposed parcel map shall result in the creation of four (4) parcels (resort
hotel parcel, west casita parcel, east casita parcel, and villa parcel). The 2.2
acre Bluff Top park and Fishing Access Expansion Parking Lot shall be
separately deeded to the City prior to recordation of the Final Map.
189) The applicant shall record a restrictive covenant or other document that is
satisfactory to the City Attorney that requires all of the various parcels that are
within the boundaries of the parcel map to be fully managed by the resort hotel
operator.
190) The applicant shall supply the City with one mylar and ten copies of the map no
later than thirty (30) days after the final map has been filed with the Los Angeles
County Recorders Office.
191) All improvement plans shall be as-built upon completion of the project. Once the
as-built drawings are approved, the applicant shall provide the City with a
duplicate mylar of the plans.
192) The improvement plans shall be prepared by a Registered Civil Engineer, and
shall be prepared on standard city size sheets. Plans shall be in substantial
conformance with the approved tentative map and site plan as approved by the
City Council and stamped by the Planning Department with the effective date of
this approval.
193) This approval expires twenty-four (24) months from the date of approval of the
parcel map by the City Council, unless extended per Section 66452.6 of the
California Government Code and Section 16.16.040 of the RPVMC. Any request
for extension shall be submitted to the Planning Department in writing at least
sixty (60) days prior to the expiration of the tentative map.
194) This development shall comply with all requirements of the various municipal
utilities and agencies that provide public services to the property.
195) According to Section 16.20.130 of the RPVMC and the Subdivision Map Act
(California Government Code Section 66410 et seq.), at the time of making the
survey for the final parcel map, the engineer or surveyor shall set sufficient
durable monuments to conform with the standards of the Subdivision Map Act.
Prior to recording the final map, the exterior boundary of land being subdivided
shall be adequately monumented with no less than a two (2) inch iron pipe, at
least eighteen (18) inches long, set in dirt and filled with concrete at each
boundary corner. The parcel lot corners shall be monumented with no less than
one-half inch iron pipe for the interior monuments. Spikes and washers may be
set in asphalt pavement and lead and tacks may be set in concrete pavement or
8-62
Resolution No. 2010-__
Exhibit B
Page 52 of 53
improvements in lieu of pipes. All monuments shall be permanently marked or
tagged with the registration or license number of the engineer or surveyor under
whose supervision the survey was made.
196) The applicant shall be responsible for repair to any public streets which may be
damaged during development of the subject parcels.
197) Easements shall not be granted within easements dedicated or offered for
dedication to the City until after the final map is filed and recorded with the
County Recorder. No easements shall be accepted after recording of the final
map that in any way conflict with a prior easement dedicated to the City, or any
public utility. All existing easements shall remain in full force and effect unless
expressly released by the holder of the easement.
198) Any easement that lies within or crosses public rights-of-way propose to be
deeded or dedicated to the City, shall be subordinated to the City prior to
acceptance of the rights-of-way, unless otherwise exempted by the Director of
Public Works.
Prior to Submittal of the Final Map
199) Prior to submitting the final map to the City Engineer for examination, the
applicant shall obtain clearance from all affected departments and divisions,
including a clearance from the City Engineer for the following items:
mathematical accuracy, survey analysis, correctness of certificates and
signatures.
Prior to Approval of the Final Map
200) Prior to approval of the final map, any off-site improvements, such as rights-of-
way and easements, shall be dedicated to the City.
201) Prior to approval of the final map, all existing public or private easements,
including utility easements, shall be shown on the final parcel map.
202) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the parkland dedication
requirement shall be fulfilled by the applicant in the form of either dedication of
land for park purposes or the payment of in-lieu fees, or a combination thereof,
as determined by the City Council pursuant to the RPVMC.
(REVISED PER RESOLUTION NO. 2008-112 ON NOVEMBER 18, 2008)
8-63
Resolution No. 2010-__
Exhibit B
Page 53 of 53
203) Prior to issuance of a final Certificate of Occupancy for the main hotel building or
prior to August 1, 2009, whichever occurs first, the applicant shall pay the
affordable housing fee required in accordance with the RPVMC.
(REVISED PER RESOLUTION NO. 2008-11 ON NOVEMBER 18, 2008)
204) The final map is subject to review and approval by the City Engineer. The
applicant shall establish a trust deposit with the City to cover any costs incurred
by the City in conducting this review.
205) The proposed parcel map shall adhere to all the applicable dedications and
improvements required per Chapter 16.20 of the RPVMC.
8-64
LONCi POINT
December 22,2009
Ara Mihranian
Principal Planner
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Re:Terranea Resort -CUP Amendment "N"
Dear Ara,
This letter is to request for revision to the Conditional Use Penuit (CUP)for Terranea Resort to amend
the Council adopted Conditions of Approval by extending the condition compliance date for the
remaining conditions to be completed.Since we last met with the City Council in November,we have
worked diligently to finalize the outstanding conditions of approval linked to the issuance of the
Certificate of Occupancy on the main hotel building.
While both Long Point Development (LPD)and Staff continue focus on the resolution of these
outstanding items,some conditions require third patty approvals,while others are pending the
recapitalization effOlts that LPD is currently engaged in.
Specifically we are asking for an extension to nine Conditions of Approval.These include conditions
13A,27,44,87,88,112,and 124,125,126.The following is a status update of the conditions,the
remaining approval required and a time line for the requested extension:
•In regards to Condition 13A we respectfully request that the city defer the required date for TOT
trust deposits from January 4,2010 to February 15,2010.The additional time requested is to
afford LPD additional time to complete its recapitalization efforts that it is currently engaged in.
•Condition 27 is a "catch all condition"that requires all of the conditions be completed prior to
issuance of the Celtificate of Occupancy for the Main Hotel Building.Consequently,we are
requesting an extension to April 9,2010.
•Condition 44 requires Staffs approval of the Golf Course and Hotel Landscape Maintenance
Plan.This document has been submitted and is currently pending Staffs approval.We are
requesting an extension to January 31,2010.
•In regards to Condition 112,we have agreed to a scope of work with the City Public Works
Department and are currently negotiating a fair share payment.Weare requesting an extension to
April 9,2010.
•Conditions 124,125,126 require the approval of municipalities outside the jurisdiction of the City
of Ranch Palos Verdes and have involved additional detailed analysis.While we are very close to
100 Terranea Way -Rancho Palos Verdes California,90275 -T 31080027400 -F 3108027450 8-65
resolution,these outstanding items require the approval of the respective municipality's
ordinances and regulations.We are requesting an extension to April 9,2010.
•Additionally,there are 2 conditions that must be met by December 31,2009;they are Condition
87 and 88.Both of these conditions require the approval,coordination and oversight of several
third party agencies and authorities.We continue to work cooperatively with the City to resolve
the items,however,due to the number of parties involved request an extension to December 31,
2010.
We continue to be very excited to have finally realized the completion of Terranea Resort and are
overwhelmed by the ongoing support of the community.The amendment requests described in this letter
are integral to Terranea's continued success.We are requesting this item be reviewed at the earliest
possible Council Hearing.
Please call me with any questions you may have regarding this letter.
Sincerely,
cc:Robert J.Lowe Jr.
Todd Majcher
Terri Haack
100 Terranea Way -Rancho Palos Verdes California,90275 - T 31080027400 - F 3108027450 8-66
LONG POINT
January 13,2010
Ara Mihranian
Principal Planner
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Re:Terranea Resort -CUP Amendment "N"Revised Condition 13A Request
Dear Ara,
This letter is to request for revision to the Conditional Use Permit (CUP)for Terranea
Resort to amend the Council adopted Conditions of Approval by extending the condition
compliance date for the remaining conditions to be completed.Since we last met with
the City Council in November,we have worked diligently to finalize the outstanding
conditions of approval linked to the issuance of the Certificate of Occupancy on the main
hotel building.
On December 22 nd we wrote a letter requesting a completion date extension to nine
Conditions of Approval.This included Condition 13A,in which we requested that the city
defer the required date for TOT trust deposits from January 4,2009 to February 15,
2010.This date was tied to the completion of recapitalization efforts,which we had
assumed would be completed by the end of the year.
Based upon our current status it now appears that these efforts will not be finalized until
the middle of March.Therefore we respectfully request that the City defer the required
date for TOT trust deposits from January 4,2010 to March 15,2010.
We truly appreciate the cooperation and patience of both Staff and Council with this
extremely complicated matter and look forward to its final resolution and payment in the
coming months.
Please call me with any questions you may have regarding this letter.
'cher
I dent
Long Point Development,LLC
cc:Robert J.Lowe Jr.
Todd Majcher
Terri Haack
100 TCl"ranea Way -Rancho Palos Verdes California.90275 -1'31080027400 - F 3108027450 8-67
CITY OF Los ANGELES
CALIFORNIA
RITA l ROBINSON
GENERAL MANAGER
ANTONIO R.VILLARAIGOSA
MAYOR
December 22,2009
Long Point Development,LLC
c/o Lowe Enterprises,Inc.
11777 San Vicente Boulevard,Suite 900
Los Angeles,CA 90049
Attention:Todd Majcher
RECEIVED
J.~~pfMh2QlIJr OF
TRANSPORTATION
PLANlllIllI§>.JllIIIl8JN,Q,ffl'ooR
COl1l1>lil>i~~EMl1l'~,oo t'
{213J 972-8470
RE:THE TERRANEA PROJECT,6610 PALOS VERDES DR SOUTH -PROPOSED
MITIGATION FOR PROJECT TRAFFIC IMPACT AT 25 TH ST AND WESTERN AVE
Dear Mr.Majcher,
On behalf of Long Point Development,LLC,the City of Los Angeles Department of
Transportation (LADOT)received an e-mail communication from Justin Thompson ofManatt,
Phelps,&Phillips on July 3'd of this year,requesting acknowledgment from LADOT regarding
the status of the proposed mitigation listed as item 124 in the Terranea Project conditions of
approval,which reads as follows:
"Prior to issuance ofany Certificate of Occupancy,the applicant shall pay the City ofLos
Angelesfor itsfair share ofthe following improvements to the intersection of Western Avenue
(NS)at 25,h Street (EW):Provide east leg of25,h Street with one left turn lane,two through lanes,
and one right turn lane."
In response to Mr.Thompson's inquiry,LADOT can confirm that (I)since July 9,2001,there
have been no lanes (left-turn,right-tun,or through)added to the east leg of the intersection,and
(2)as of the date hereof,there are no pending plans to add lanes to the east leg.However,it
should also be noted that the context of this condition was developed without input from LADOT
and,as a result,does not address the projected impact in a manner generally recommended by the
City of Los Angeles.Therefore,as a reasonable measure of correction to this condition,LADOT
would like to request that the final review of this matter be extended to a future date when the
full impact of the project at this location can be better assessed.
Given the June 12,2009 grand opening date of the project,LADOT would be agreeable to
accepting June 12,2010 as the future date for completing this assessment.lfat this time it is
determined that the mitigation,as proposed in the project conditions of approval is not required,
then LADOT will deem the condition satisfied and no further action will be required.
AN EOUAL EMPLOYMENT OPPORTUNITY _Ai=FtRMATI\fF M:TIQN EMPLOYER 8-68
Todd Majcher -2-December 22,2009
Thank you for your attention to this request and (look forward to workiIi'g with you to reach a
satisfactory resolution of this matter.
If you have any questions,please feel free to contact me directly a (310)642-1625.
Sincerely,-,pi ;>..
/dfcjM/-/;;~U~7 >-;>
Edward Guerr~T(dr..-
Transportation Engineer
cc:Los Angeles City Council District 15
Jay Kim,Sean Haeri,Karlik Patel,LADOT
Ara Mihranian,City of Rancho Palos Verdes
8-69
Sea Bluff Homeowners Association
Board of Directors
Sandie Nelson,President
Dave Emenhlser,Vice President
Dick Jones,Member
Jolalne Merrill,Member
Joe Raltl,Member
Becky Poe-Anderson,Member
Bob Nelson,Secretary/Treasurer
./City Council
City of Rancho Palos Verdes
January 11,2010
RECEIVED
JAN 11 2010
PlANNING.BUILDING AND
CODE ENFORCEMENT
TERRANEA RESORT AND SPA
(Jan.19,2009,Agenda Item)
ZON2009-00493 (Revision 'N'to Coastal Permit #166,Conditional Use Permit
#215,Grading Permit #2229,Variance #489 and Tentative Parcel Map #26073)
Mayor Wolowicz and Council Members,
We have received RPV Planning,Building,and Code Enforcement Public Notice dated Dec.
22,2009,regarding extending Terranea's compliance date for certain conditions to
April 9,2010,from January 4,2010.
We have had the pleasure of discussing this request with Terranea Resort
management and,as their direct neighbors,we are pleased to urge prompt approval.
We do appreciate all you have done to have Los Angeles'2009 largest new employer open
their employment doors right here in RPVl Watching RPV kids work and take pride in their
Terranea jobs is something most of us have waited a long time to see and it is delightful!In
every regard I know you'll agree with Sea Bluff,Terranea Resort is spectacular.
And,again,we urge approval of Revision 'N'and thank each of you for this
consideration and your continued service to our citizens.
Sincerely,
1-11-10 1-))-)~
Bob Nelson Date
Secretary J Treasurer,Sea Bluff HOA
6612 Channelview Court
Rancho Palos Verdes,CA 90275
Tel:310-544-4632
Sandie Nelson Date
President,Sea Bluff HOA
6612 Channelview Court
Rancho Palos Verdes,CA 90275
Tel:310-544-4632
cc:Terri Haack,Executive Vice President &Managing Director,Terranea Resorts
Todd Majcher,Vice President,Destination Resorts
8-70