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CC RES 2018-069 RESOLUTION NO. 2018-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING A SECOND AMENDED AND RESTATED DEED RESTRICTION, REQUIRING THE OWNER OF THE TRUMP NATIONAL GOLF CLUB TO COMPLY WITH THE CONDITIONS OF APPROVAL UNDER THE COASTAL DEVELOPMENT PROJECT FOR THE PROPERTY, INCLUDING THE OBLIGATION TO COMPLETE IMPROVEMENTS TO THE HABITAT, TRAILS AND PARK AREAS PRIOR TO THE OCCUPANCY OF ANY RESIDENTIAL STRUCTURES IN VESTING TRACT MAP NO. 50666. WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes (the "City") adopted Resolution No. 92-53, certifying Environmental Impact Report (EIR) No. 36 and adopted Resolution Nos. 92-54, 92-55, 92-56, 92-57, approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Development Permit No. 103 (the "CDP") and Grading Permit No. 1541 for a Residential Planned Development, an 18-hole public golf course, and public open space ("Original Project") located on an approximately 261.4 acre property located in the City (the "Property"); and, WHEREAS, subsequent to such actions by the City, the California Coastal Commission ("Commission"), conditionally approved the CDP pursuant to Coastal Development Permit Number A-5-RPV-93-005 on April 15, 1993; and, WHEREAS, the Conditions of Approval under the CDP required the developer of the Original Project to execute a Deed Restriction against the Property, which (i) obligated the developer to make certain improvements to the habitat, trail and park improvements prior to the occupancy of any residential structures located on the property subject to Vesting Tract Map No. 50666; (ii) prohibited development in park and open space areas located on the Property; and (iii) obligated the Developer to maintain and manage habitat areas, parks, trails, streets, and fire breaks in accordance with the Conditions of Approval under the CDP; and, WHEREAS, the original Deed Restriction was recorded with the Los Angeles County Recorder's Office ("Official Records") as Instrument No. 97-1999963 on December 19, 1997, and was subsequently amended in 2000 (pursuant to Instrument No. 00-1613036, recorded with the Official Records on October 17, 2000 and Instrument No. 00-1649980 recorded with the Official Records on October 23, 2000, as shown on Exhibit A attached hereto; and, WHEREAS, the CDP has been amended from time to time since its approval by the Commission, the most substantive amendment of which was conditionally approved by the Commission on August 13, 2014 pursuant to Coastal Development Permit Amendment Number A-5-RPV-93-005-A21; and, WHEREAS, the amended CDP requires the Developer to cause the landowner(s) of the Property to record a Second Amended and Restated Deed Restriction against the Property as shown on Exhibit B, attached hereto, to allow the Developer to comply with Coastal Commission's revised Conditions of Approval for the Project; and, WHEREAS, since the City currently owns portions of the Property, which were previously dedicated to the City by the Developer for habitat areas, parks, trails, and open space areas, it has been asked to join in the execution and recordation of the Second Amended and Restated Deed Restriction, as an owner of the Property; provided that such Second Amended and Restated Deed Restriction shall not impose any obligation to comply with the Developer's obligations under the CDP or under the Second Amended and Restated Deed Restriction, or otherwise; and, WHEREAS, after review and consideration, the City Council has determined that it is in the best interest of the City and for the common benefit of residents and visitors, for the Second Amended and Restated Deed Restriction to be approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The above recitals are true and correct and are hereby incorporated into this Resolution as set forth herein. Section 2: The City Council hereby approves the Second Amended and Restated Deed Restated Deed Restriction attached hereto as Exhibit B, along with any minor, non- substantive changes and modifications to the Second Amended and Restated Deed Restated Deed Restriction that may be approved by the City Attorney and Director of Community Development. Section 3: The Mayor, City Manager, and City Clerk or their designees, are authorized and directed to take such actions and execute such documents as may be necessary to implement and affect execution, recordation and enforcement of this Resolution and the Second Amended and Restated Deed Restriction. PASSED, APPROVED, and ADOPTED this 4th day of September 2018. Ma r ATTES • 14/M \MT y Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos -rdes, do hereby certify that the above Resolution No. 2018-69 was duly and regularly pas =• and adopted by the said City Council at a regular meeting thereof held on Septemb-_.m6.-'q11111116.‘k_. ik js lerk 01203.0018/500854.1 Resolution No. 2018-69 Page 2 of 2 Resolution No. 2018-69 Exhibit A Page 1 of 19 Resolution No. 2018-69 Exhibit A Page 2 of 19 Resolution No. 2018-69 Exhibit A Page 3 of 19 Resolution No. 2018-69 Exhibit A Page 4 of 19 Resolution No. 2018-69 Exhibit A Page 5 of 19 Resolution No. 2018-69 Exhibit A Page 6 of 19 Resolution No. 2018-69 Exhibit A Page 7 of 19 Resolution No. 2018-69 Exhibit A Page 8 of 19 Resolution No. 2018-69 Exhibit A Page 9 of 19 Resolution No. 2018-69 Exhibit A Page 10 of 19 Resolution No. 2018-69 Exhibit A Page 11 of 19 Resolution No. 2018-69 Exhibit A Page 12 of 19 Resolution No. 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