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CC SR 20211116 01 - Trump CUP Revision-32042 Isthmus View Drive PUBLIC HEARING Date: November 16, 2021 Subject: Consideration and possible action to approve Revision “HHH” to the Trump National Golf Club Project Conditional Use Permit’s (CUP) Conditions of Approval to allow a change in the maximum building height for Lot No. 9 of Tract No. 50667 located at 32042 Isthmus View Drive (Case No. PLCU2021 -0009). Recommendation: 1. Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 49 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH REVISION “HHH” TO THE TRUMP NATIONAL GOLF CLUB PROJECT. 2. Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “HHH” TO THE TRUMP NATIONAL GOLF CLUB PROJECT CONDITIONAL USE PERMIT TO AMEND CONDITION OF APPROVAL NO. Z.44 TO ALLOW LOT NO. 9 OF TRACT NO. 50667 TO BUILD UP TO 26 FEET IN HEIGHT, AS MEASURED FROM THE POINT OF ENTRY OF A PROPOSED SUBTERRANEAN GARAGE AND EXTERIOR BASEMENT PATIO LEVEL, LOCATED AT 32042 ISTHMUS VIEW DRIVE. 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Alegria 3. Request for Staff Report: Mayor Alegria 4. Staff Report & Recommendation: Amy Seeraty, Senior Planner 5. Council Questions of Staff (factual and without bias): 6. Public Testimony: Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation. A. Applicant: Michael Mulligan (the “Owner & Applicant") Mayor Alegria invites the Applicant to speak. (10 mins.) B. Testimony from members of the public: The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who intend to speak. 7. Rebuttal: Mayor Alegria invites brief rebuttals by Applicant. (3 mins) Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have spoken. 8. Council Questions of Applicant (factual and without bias): 9. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Alegria 10. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 11. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision. CITY COUNCIL MEETING DATE: 11/16/2021 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to approve Revision “HHH” to the Trump National Golf Club Project Conditional Use Permit’s (CUP) Conditions of Approval to allow a change in the maximum building height for Lot No. 9 of Tract No. 50667 located at 32042 Isthmus View Drive (Case No. PLCU2021-0009). RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 49 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH REVISION “HHH” TO THE TRUMP NATIONAL GOLF CLUB PROJECT. (2) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “HHH” TO THE TRUMP NATIONAL GOLF CLUB PROJECT CONDITIONAL USE PERMIT TO AMEND CONDITION OF APPROVAL NO. Z.44 TO ALLOW LOT NO. 9 OF TRACT NO. 50667 TO BUILD UP TO 26 FEET IN HEIGHT, AS MEASURED FROM THE POINT OF ENTRY OF A PROPOSED SUBTERRANEAN GARAGE AND EXTERIOR BASEMENT PATIO LEVEL, LOCATED AT 32042 ISTHMUS VIEW DRIVE. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner REVIEWED BY: Ken Rukavina, P.E., Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2021-__, EIR Addendum No. 49 (page A-1) B. Resolution No. 2021-__, CUP Revision “HHH” (page B-1) C. Project Plans (page C-1) Links to previous staff reports are incorporated into the Background discussion below. 1 BACKGROUND: On June 1, 1992, the City Council adopted Resolution No. 92-53, certifying Environmental Impact Report (EIR) No. 36, and adopted Resolution Nos. 92 -54, 92-55, 92-56, 92-57, thereby conditionally approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 for a Residential Planned Development (RPD) consisting of 83 single-family dwelling units, an 18-hole public golf course, and 261.4 acres of public open space located at what is now known as the Trump National Golf Club project (the “Project”). The approved project has been revised to include an 18-hole golf course, clubhouse, driving range, public open space, and 59 single-family residential lots. The 59 single- family residential lots are located within two different tracts (23 lots in Tract No. 50666 and 36 lots in Tract No. 50667) located at the west or east end of the Trump National Golf Club site, in the vicinity of Palos Verdes Drive South, La Rotonda Drive, and Trump National Drive. Over the years, the City Council has approved 57 Conditional Use Permit (CUP) revisions to the Project, some of which were related to CUP No. 162 that specifically applied to the RPD portion of the Project that set minimum development standards for all residential lots. Per Rancho Palos Verdes Municipal Code (RPVMC) Chapter 17.42, the purpose of the RPD "is to provide greater flexibility in the design of residential developments by encouraging: A) A more creative and imaginative approach to the design of residential developments; B) A variety of housing types and environments; C) A more efficient and harmonious use of the land and natural resources; D) The retention of greater amounts of open space and amenities for recreational and visual enjoyment; E) The preservation and enhancement of valuable natural areas; and F) Compatibility with surrounding areas.” In essence, an RPD allows for greater flexibility in the design of a project by allowing alternative development standards to be used while compensating for this allowance by requiring increased amounts of open space and public amenities associated with the project. To date, the conditions set forth in CUP No. 162 were used by developers and/or property owners of both tracts to design individual residential lots that are currently built or under construction. However, it should be noted that in June 2018, CUP Revision “FFF” was adopted to consolidate the various sets of conditions of approval into one master set for the entire Project. By doing so, the proposed Revision “HHH” will apply to the master set of conditions and not specific to CUP No. 162 as it no longer exists on its own. The most notable CUP revisions adopted by the City Council in the past for CUP No. 162 regarding building height restrictions for residential lots are summarized in Table No. 1 below: 2 Table No. 1 CUP Revisions - Residential Building Height City Council Meeting CUP No. 162 Revision Summary Original Building Height Revised Building Height April 20, 2004 • Staff Report • Minutes Revision “V” adopted Resolution No. 2004-29 to allow a subterranean garage on Lot No. 2 of Tract No. 50667. 15 feet 15 feet from pad of the one-story structure, and 25.3 feet from the entry to a subterranean garage provided that the ridge height does not exceed 15 feet from the pad of the one-story structure October 4, 2005 • Staff Report • Minutes Revision “X” adopted Resolution No. 2005-105 to allow exterior basement patio areas for lots 24 through 29 in Tract 50667 . The building height limit was revised to either of the following depending on the designated lot type category. 16 feet 16 feet from pad of the one-story structure, and 26 feet from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16 feet from the pad of the one-story structure 26 feet 26 feet from pad of the two-story structure, and 36 feet from the exterior grade of the basement patio area, provided that the patio area is located in the side yard and that the ridge height does not exceed 26 feet from the pad of the two-story structure March 6, 2007 • Staff Report • Minutes Revision “EE” adopted Resolution No. 2007-22 to allow a subterranean garage and exterior basement patio area on Lot No. 10 of Tract No. 50667. 16 feet 16 feet from pad of the one-story structure, and 27 feet from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16 feet from the pad of the one-story structure September 21, 2021 Revision “GGG” adopted Resolution No. 2021-48 to allow a subterranean garage and exterior basement patio area on Lot No. 11 of Tract No. 50667. 3 City Council Meeting CUP No. 162 Revision Summary Original Building Height Revised Building Height • Staff Report 16 feet 16 feet from pad of the one-story structure, and 26 feet from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16 feet from the pad of the one-story structure On August 31, 2021, the Applicant submitted a CUP Revision application requesting to revise the applicable building height standard for Lot No. 9 of Tract No. 50667, similar to that approved by the City Council through Revisions “V,” “X,” “EE,” and “GGG,” as outlined above. Essentially, the Applicant is requesting to build up to 26 feet in height, as measured from the point of entry of a proposed subterranean garage and exterior basement patio level, with no change to the maximum roof ridgeline height. It should be noted that the public notice for this project included a proposed revision to Condition No. Z.45, which is actually not needed, as this was recently addressed with Revision “GGG”. Additionally, the proposed CUP revision for a wall over 24 inches tall within the front yard setback is no longer needed, as the Applicant further revised the plans to reduce the proposed 3-foot-tall wall within the front yard setback to 2 feet in height, after the public notice was published. It should also be noted that the City Council is only being asked to consider the requested CUP Revision for the change in building height standard and not the merits of the project in terms of the Site Plan Review and Major Grading Permit applications that will be reviewed by the Planning Commission at a duly-noticed future hearing if the City Council grants the CUP Revision. DISCUSSION: Site and Project Description The project site is Lot No. 9 of Tract No. 50667 (also known as 32042 Isthmus View Drive) which is a 22,570 ft2 pad lot located along Isthmus View Drive, at the end of a cul-de-sac. The site is currently vacant with adjacent properties built out, including Lot No. 10 (i.e. 32045 Isthmus View Drive) to the west that was granted CUP Revision “EE” to allow a subterranean garage and exterior basement patio area on a pad lot. 4 The Applicant is requesting similar modifications to the CUP as Lot No. 10, as well as Lot No. 11, which was most recently approved by the City Council on September 21, 2021. Specifically, the proposed 9,001 ft2 residence (garage included) includes a descending access driveway along the west side yard that leads to a subterranean garage and an outdoor patio area on the basement level along the same west side yard, both of which will be constructed below the existing pad elevation with retaining walls up to 2 feet in height and 2,700 yd3 of exported cut. It should be noted that a taller retaining wall is not required because the property to the west (Lot No. 10) has an existing retaining wall that was constructed for a subterranean garage. The proposed excavation on the subject property will result in the existing retaining wall on the neighboring property converting into a primarily freestanding wall. Additionally, the height of the proposed residence, as measured from the highest existing grade elevation established in the Vesting Tentative Tract Map No. 50667, will not increase nor exceed the 16 feet height limit. In order to allow the proposed improvements, the Applicant request s the following changes to Condition No. Z.44 of the Project Conditions of Approval. (bold underline for text added): Z. 44. For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 4 through 8 9 and 12 through 13 are designated as Lot Type A. Lot Nos. 1 and 3 are designated Lot Type B. Lot Nos. 14 through 17 and 30 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos. 22 and 23 are designated Lot Type E. Lot No. 2 is designated Lot Type F. Lot Nos. 9, 11, 24 and 25 are designated Lot Type G. Lot Nos. 26 through 29 are designated as Lot Type H. Lot No. 10 is designated as Lot Type I. For reference purposes, Condition No. Z. 45 is listed below: Z. 45. Building heights for all residential structures are limited as follows: a. Lot Type A: 16’ b. Lot Type B: 15’ c. Lot Type C: 26’ d. Lot Type D: 16’ from upper pad, and 26’ from lower pad e. Lot Type E: 21’ from upper pad, and 26’ from lower pad 5 f. Lot Type F: 15’ from pad of the one-story structure, and 25.3' from the entry to a subterranean garage provided that the ridge height does not exceed 15' from the pad of the one-story structure. g. Lot Type G: 16’ from pad of the one-story structure, and 26' from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16' from the pad of the one-story structure. h. Lot Type H: 26’ from pad of the two-story structure, and 36’ from the exterior grade of the basement patio area, provided that the patio area is located in the side yard and that the ridge height does not exceed 26' from the pad of the two- story structure. i. Lot Type I: 16’ from pad of the one-story structure, and 27' from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16' from the pad of the one-story structure. Code Consideration and Analysis Conditional Use Permit The requested CUP Revision “HHH” requires the City Council to make findings per RPVMC §17.60.050(A), which are provided in the table below with Staff’s analysis. Table No. 2: Conditional Use Permit Findings and Analysis Required Findings Staff’s Analysis The site is adequate in size and shape to accommodate the proposed use and other features to integrate said use with those on adjacent land and within the neighborhood. Criteria met. The project site and request are similar to that of other sites within the same tract which were granted similar CUP Revisions “V,” “X,” “EE,” and “GGG.” The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. Criteria met. There will be no traffic-related impacts as the use of the project site will not change. Approving the subject use will have no significant adverse effect on adjacent property or the permitted use thereof. Criteria met. The maximum roof ridgeline of the proposed residence will not increase and there will be no adverse impacts to views from neighboring properties nor the public right-of-way in the vicinity as the proposed subterranean features will not be readily visible. The proposed use is not contrary to the General Plan. Criteria met. The project is consistent with the General Plan Land Use Policy No. 9 (p. L-8), to “enforce height controls to reasonably minimize view obstructions.” 6 Required Findings Staff’s Analysis Project site to comply with all requirements of Chapter 17.40 (Overlay Control Districts), if applicable to the site. Criteria met. The site is subject to OC-1, 2, and 3 and meets all requirements as was the case for similar CUP Revisions “V,” “X,” “EE,” and “GGG.” Conditions regarding any of the requirements listed in RPVMC Section 17.60.050(A)(6) to be imposed to protect the health, safety and general welfare. Criteria met. All conditions of approval associated with the RPD will continue to be imposed along with the mitigation measures adopted through EIR No. 36. ADDITIONAL INFORMATION: Public Notice On October 28, 2021, a public notice was mailed to all property owners within a 500-foot radius of the project site and published in the Peninsula News. As of the completion of this report, Staff received no comments in response to the public notice. It should be noted also that the project number on the public notice should have been the CUP revision number, which is PLCU2021-0009. Environmental Assessment In accordance with the provisions of the California Environmental Quality Act (CEQA), Staff has prepared Addendum No. 49 to EIR No. 36. There have been several revisions to the Project in the past that were minor enough to require only addenda to the City Council-certified EIR No. 36. As previously noted, similar requests have been processed on three occasions and the proposed CUP Revision “HHH” is considered a relatively minor revision as it will not cause any additional impacts to the site and surrounding areas than what was previously evaluated within the adopted EIR, nor will there be any changes to all the previously adopted mitigation measures found within the EIR. As such, Staff has prepared Addendum No. 49 (Attachment A) to EIR No. 36 for the proposed CUP Revision “HHH.” ALTERNATIVES: In addition to Staff’s recommendation, the following alternative actions are available for the City Council’s consideration: 1. Deny the requested CUP Revision “HHH” to amend condition of approval No. Z.44, and direct Staff to bring back a resolution memorializing this decision on December 7, 2021. 2. Identify issues with the proposed CUP Revision “HHH,” and direct Staff and/or the Applicant to come back at a future meeting with revised plans and/or conditions. 7 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 49 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH REVISION “HHH” TO THE TRUMP NATIONAL GOLF CLUB PROJECT WHEREAS, an application package was filed by the Zuckerman Building Company and Palos Verdes Land Holdings Company requesting approval of tentative parcel maps, vesting tentative tract maps, conditional use permits, a coastal permit and a grading permit to allow the construction of a Residential Planned Development (RPD) of 120 single family dwelling units and for development of an 18-hole golf course, a clubhouse, and parking facilities on a 258 acre site bounded by Palos Verdes Drive South on the north, Portuguese Bend Club and Community Association on the west, the Pacific Ocean on the south and Los Angeles County Shoreline Park on the east; and, WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and circulated for 45 days from June 7, 1991, through July 22, 1991, in order to receive written comments on the adequacy of the document from responsible agencies and the public; and, WHEREAS, subsequent to the circulation of the DEIR and preparation of written responses, the applicant revised the scope of the project and reduced the number of proposed single family residences to 40 units in Vesting Tentative Tract Map (VTTM) No. 50666 and 43 in VTTM No. 50667, and an 18 hole- golf course with related facilities within the boundaries of both VTTMs, and, due to the changes in the project, an Addendum to the DEIR was prepared; and, WHEREAS, based on review of the Addendum to the DEIR, the City determined that the information submitted cited potential additional significant environmental impacts that would be caused by the revised project, and directed preparation of a Supplemental Environmental Impact Report (SEIR). The SEIR, which incorporates information an d findings set forth in the Addendum to the DEIR, was prepared and circulated for 45 days from March 19, 1992, through May 4, 1992, during which time all interested parties were notified of the circulation period and invited to present written comments to the information contained in the SEIR, in conformance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, on June 1, 1992, the City Council adopted Resolution No. 92-53 certifying Environmental Impact Report (EIR) No. 36, in connection with VTTM Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 for an 83 lot RPD, public open space, and an 18 -hole public golf course with clubhouse and related facilities on 261.4 acres in Coastal Subregions 7 and 8; and, A-1 Resolution No. 2021-__ Page 2 of 11 WHEREAS, on December 7, 1992, the City Council adopted Resolution No. 92-115 approving Addendum No. 1 to EIR No. 36, in connection with approving revisions to the Trump National Golf Club project (formally known as Ocean Trails project) applications described above, in order to address concerns expressed by the California Coastal Commission (CCC) with regard to adequate provisions for public open space, public access and habitat preservation; and, WHEREAS, on October 5, 1993, the City Council adopted Resolution No. 9 3-89 approving Addendum No. 2 to EIR No. 36, in connection with re-approval of the Trump National Golf Club project applications described above, in order to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and, WHEREAS, on September 6, 1994, the City Council adopted Resolution No. 94-71 approving Addendum No. 3 to EIR No. 36, in connection with approval of Revision "A" to the Trump National Golf Club project applications described above, in order to incorporate changes to the project made by the CCC in April 1993, and (based on additional geologic information) relocate the golf course clubhouse, reduce the number of single family lots from 83 to 75 and approve a location for the golf course maintenance facility and on-site affordable housing units; and, WHEREAS, on March 11, 1996, the City Council adopted Res olution No. 96-15 approving Addendum No. 4 to EIR No. 36, in connection with approval of Revision "B" to the Trump National Golf Club project applications described above, in order to incorporate changes to the project made by the CCC in January 1995 regarding the relocation of the golf course clubhouse, Paseo Del Mar roadway and public trails to accommodate a reconfiguration of the public parking facilities, as well as additional modifications to the public trails in order to provide clarification or to be consistent with the CCC's approval and to include an 8.5 acre vacant property owned by the Palos Verdes Peninsula Unified School District into the golf course. WHEREAS, on September 3, 1996, the City Council adopted Resolution No. 96- 72 approving Addendum No. 5 to EIR No. 36, in connection with approval of Revision "C" to the Trump National Golf Club project applications described above, in order to relocate two single family residential lots in VTTM No. 50667 from the end of Street "A" to the end of Street "C," revise the boundaries of open space lots B, C, G and H, convert the split- level lots in VTTM No. 50667 to single-level lots, revise the golf course layout, revise the public trail system, combine parallel trail easements, construct a paved fire access road west of the Ocean Terraces Condominiums and modify several amendments to the conditions of approval and mitigation measures to change the required timing for compliance; and, WHEREAS, on August 18, 1998, the City Council adopted Resolution No. 98 -76 approving Addendum No. 6 to EIR No. 36 and the proposed Revision "G" to the Trump National Golf Club project, which included: 1) an 18% increase in the size of the clubhouse from 27,000 square feet to 32,927 square feet; 2) an increase in the size of A-2 Resolution No. 2021-__ Page 3 of 11 the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a 2-foot increase in the upslope height of the maintenance facility building; and, 4) relocation of the maintenance building and reconfiguration of the maintenance facility parking lot. WHEREAS, on February 2, 1999, the City Council adopted Resolution No. 99 -10 approving Addendum No. 7 to EIR No. 36 and the proposed Revision "H" to the Trump National Golf Club project, which included: changing six of the residential lots within VTTM No. 50667 from flat pad lots to split level lots, lowering the overall pad elevation for each lot, and lowering Street 'B' within the subdivision, and lowering the pad elevation for six other lots within the subdivision. Additionally, the approval included the modification of the project's mitigation measures and conditions of approval to allow the permitted construction hours for the entire Trump National Golf Club project to be expanded to include Sundays through March 21, 1999. WHEREAS, on May 4, 1999, the City Council adopted Resolution No. 99 -29 approving Addendum No. 8 to EIR No. 35 and the proposed Revision “I” to the Trump National Golf Club project, which included a change to the design of the storm drain facilities of the Ocean Trails project from a tunneled pipe system to the existing on -site canyons. Revision “I” only amended the drainage for the east side of the Trump National Golf Club project, involving La Rotonda Canyon; and, WHEREAS, on July 20, 1999, the City Council adopted Resolution No. 99 -55 approving Addendum No. 9 to EIR No. 36 and the proposed Revision “J” to the Trump National Golf Club project, which included: 1) the conditions requiring the establishment of a maintenance district be revised by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance , thereby excluding the future residential homeowners; 2) withdrawn by applicant; 3) the timing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy; 4) delay the construction of two trails within VTTM No. 50666 from the Second Stage to the Third Stage of phasing within the Public Amenities Plan; 5) lower the approved residential building pad elevations and create split-level pads in VTTM No. 50666; 6) delay the payment of traffic impact fees to prior to Final Map No. 50666; 7) allow an increase in total building area of the clubhouse by permitting a basement space; 8) withdrawn by applicant; and 9) revise the hours permitted for golf course landscape gardening; and, WHEREAS, on May 16, 2000, the City Council adopted Resolution No. 2000-27 approving Addendum No. 10 to EIR No. 36 and the proposed Revision “K” to the Trump National Golf Club project, which allowed a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2, 1999; and, WHEREAS, on June 21, 2000, the City Council adopted Resolution No. 2000 -38 certifying a Final Supplemental EIR to EIR No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations, and the proposed Revision A-3 Resolution No. 2021-__ Page 4 of 11 “L” to the Trump National Golf Club project, for the repair of Landslide C at Trump National Golf Club; and, WHEREAS, on July 18, 2000, the City Council approved Revision “M” to the Trump National Golf Club project, thereby approving an amendment to the Habitat Conservation Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement over the lower portion of Shoreline Park; and, WHEREAS, on September 5, 2000, the City Council approved Revision “N” to the Trump National Golf Club project, thereby approving a Mitigated Negative Declaration and amending the project to accommodate a change to the design of the storm d rain facilities of the Ocean Trails project from a tunneled pipe system to the existing on -site canyons. Revision “N” only amended the drainage for the west side of the Trump National Golf Club project, involving Forrestal Canyon; and, WHEREAS, on February 20, 2001, the City Council approved Revision “P” to the Trump National Golf Club project, thereby approving an amendment to allow Trump National Golf Club an extension of time to provide 4 on-site affordable housing units for rent from "prior to one year of the opening of the clubhouse" to "prior to the opening of the 18-hole golf course"; and, WHEREAS, on February 20, 2001, the City Council approved Revision “Q” to the Trump National Golf Club project, thereby approving an amendment which allows Ocean Trails to re-construct (instead of re-pave) La Rotonda Drive from Palos Verdes South to the end of La Rotonda Drive, in lieu of re-paving Palos Verdes Drive South from La Rotonda Drive to the eastern City limits; and, WHEREAS, on September 21, 2001, th e City Council approved Revision "R" to the Trump National Golf Club project to revise the conditions of approval for VTTM No. 50666 and VTTM No. 50667, so as to adjust Condition I -3 allowing an extension to completing the reconstruction of La Rotonda Drive from Palos Verdes Drive South to its end; and, WHEREAS, on March 4, 2003, the City Council approved Amendment No. 2 to the Ocean Trails Development Agreement to clarify that the City Council may extend any approved tentative tract not to exceed the term of the Development Agreement and extend VTTM No. 50666; and, WHEREAS, on April 20, 2004, the City Council approved Revision "V" to the Trump National Golf Club project to revise CUP No. 162, thereby allowing 1) basement areas of one-story structures to be excluded from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; 2) permitting a change in the height of Lot No. 2 to allow for a subterranean garage; and 3) permitted construction of retaining walls and access to the proposed subterranean garage; and, A-4 Resolution No. 2021-__ Page 5 of 11 WHEREAS, on October 4, 2005, the City Council approved Revision "X" to the Trump National Golf Club project to revise CUP No. 162 so as to 1) allow a change in the maximum habitable area for lots 26-29 in Tract No. 50667; 2) allow a change in the maximum building height for lots no. 24-29 in Tract No. 50667, which includes allowing lots 24 and 25 to have partially subterranean garages; 3) allow lots 24, 25 and 29 in Tract No. 50667 to grade and construct improvements over existing 2:1 slopes; 4) allow up to 30% of the front and rear facades of all two-story and split level structures to have a full two story façade without being broken by an architectural feature; and 5) to decrease the lot area of Lot D, within VTTM No. 50666 from 1.4 acres to 1.0 acres; and, WHEREAS, on November 20, 2007, the City Council approved Amendment No. 3 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from November 20, 2007, through March 9, 2008; and, WHEREAS, on March 4, 2008, the City Council approved Amendment No. 4 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from March 9, 2008, through July 18, 2008; and, WHEREAS, on July 15, 2008, the City Council approved Amendment No. 5 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from July 18, 2008, through October 22, 2008; and, WHEREAS, on October 21, 2008, the City Council approved Amendment No. 6 to the Ocean Trails Development Agreement which extended the life of the Development Agreement and existing VTTM No. 50666 from October 22, 2008, through January 22, 2008; and, WHEREAS, on January 21, 2009, the City Council approved Revision “RR” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from January 22, 2009, through July 22, 2009, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through July 22, 2009; and, WHEREAS, on July 21, 2009, the City Council, via Minute Order, approved a two- month extension (Revision “SS”) of the Development Agreement , VTTM No. 50666 and the temporary use of the driving range at the request of the Applicant in order to accommodate the Applicant’s schedule and availability to attend the Council meeting. Said two-month extension was granted to September 16, 2009. As part of that action, the Council also continued the item/public hearing on Revision “SS” to September 15, 2009; and A-5 Resolution No. 2021-__ Page 6 of 11 WHEREAS, on September 15, 2009, the City Council approved Revision “SS” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 16, 2009, through March 17, 2010, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through March 17, 2010; and, WHEREAS, on March 16, 2010, the City Council approved Revision “UU” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from March 16, 2010, through September 21, 2010, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2010; and, WHEREAS, on September 21, 2010, the City Council approved Revision “VV” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 21, 2010, through March 21, 2011, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through March 21, 2011; and, WHEREAS, on March 15, 2011, the City Council approved Revision “WW” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from March 21, 2011, through September 21, 2011, and revised Grading Permit No. 1541 to allow an additional temporary opening of the drivi ng range to the public through September 21, 2011; and, WHEREAS, on September 20, 2011, the City Council approved Revision “XX” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 21, 2011, through March 21, 2012, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2012; and, WHEREAS, on March 6, 2012, the City Council approved Revision “AAA” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from March 21, 2012, through September 21, 2012, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2012; and, WHEREAS, on August 7, 2012, the City Council approved Revision “BBB” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 21, 2012, through September 21, 2014, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 2014; and , WHEREAS, on September 16, 2014, the City Council approved Revision “DDD” to the Trump National Golf Club project, which extended the life of the Development Agreement and existing VTTM No. 50666 from September 21, 2014, through September A-6 Resolution No. 2021-__ Page 7 of 11 21, 2016, and revised Grading Permit No. 1541 to allow an additional temporary opening of the driving range to the public through September 21, 201 6; and, WHEREAS, on August 16, 2016, the City Council adopted Resolution No. 2016-36, approving Addendum No. 47 to EIR No. 36; adopted Urgency Ordinance No. 587U, authorizing an extension to the Development Agreement to September 21, 2018; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution Nos. 2016 -37 and 2016-38, approving Revision “EEE” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to the public through September 21, 2018; and, WHEREAS, on June 19, 2018, the City Council adopted Resolution No. 2018-39, approving Revision "FFF" to Conditional Use Permit No.162 to amend Condition No. F1.C (Resolution No. 2008-85) to remove the requirement to build a solid 5-foot to 6-foot tall wall along the west property line adjacent to the properties in the Portuguese Bend Club; consolidate the various conditions of approval tied to the Trump National Golf Club project; and update the 1997 Public Amenities Map; and, WHEREAS, on September 21, 2021, the City Council adopted Resolution No. 2021-47, approving Addendum No. 48 to the Mitigated Negative Declaration, and adopted Resolution No. 2021-48 approving Revision “GGG” to allow Lot No. 11 to be constructed at 16 feet from pad of the one-story structure, and 26 feet from the entry to a subterranean garage and exterior basement patio areas, with a ridge height that does not exceed 16 feet above the existing pad elevation; and, WHEREAS, on August 31, 2021, Michael Mulligan (Applicant) submitted an application to the City of Rancho Palos Verdes requesting approval of Revision "HHH" to allow Lot No. 9 to be constructed at 16 feet from pad of the one-story structure, and 26 feet from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16 feet above the existing pad elevation; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), on November 9, 2021, copies of the draft Addendum No. 49 to EIR No. 36 were distributed to the City Council in its City Council agenda packet and on November 16, 2021, prior to taking action on the proposed Revision “HHH” to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 49 to EIR No. 36; and, WHEREAS, on November 16, 2021, after notice issued pursuant to the provisions of the Zoning Code, the City Council held a public hearing to consider draft Addendum No. 49 to EIR No. 36 and the proposed Revision "HHH" to the Trump National Golf Club A-7 Resolution No. 2021-__ Page 8 of 11 project, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Revision “HHH” to the Trump National Golf Club project is to allow a change in the maximum building height for Lot No. 9 of Tract No. 50667. Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, approval of Addendum No. 49 to the previously certified EIR No. 36, rather than the preparation of a subsequent or supplemental EIR, is appropriate for the consideration of the proposed revision to the Trump National Golf Club project, based on the following findings: 1. That subsequent changes proposed to the project do not require important revisions to the previous EIR, since there are no new significant environmental impacts that have been identified, which were not considered in the previous EIR. This is so since the proposed changes identified in Section 1 and attached Exhibit “A” would not result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36. Specifically, Revision “HHH” will not result in adverse impacts to 1) views from neighboring properties nor the public right-of- way in the vicinity as the proposed subterranean features will not be readily visible, 2) parking or traffic related matters, and 3) geology. Furthermore, there have been no substantial changes to the project or to the environment that would cause the project to significantly impact the environment, nor does the proposed amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible. 2. That substantial changes to the project would not occur with respect to the circumstances under which the project is undertaken, which would require important revisions to the previous EIR, since, as noted above, there are no new significant environmental impacts that were not considered in the previous EIR, Supplement and previous Addenda thereto, and the project is limited to changes that will not be readily visible from neighboring properties nor the public right -of- way in the vicinity. 3. That there is no new information of substantial importance to the project which indicates that these proposed changes will have one or more significant effects not discussed previously in the EIR; that significant effects previously examined will not be substantially more severe than shown in the EIR; that no mitigation measures or alternatives, previously found not to be feasible, would now in fact be feasible and would substantially reduce one or more significant effects of the project; or that no mitigation measures or alternatives which were not previously considered in the EIR, would now substantially lessen one or more significant effects of the environment, because this project is only to allow modifications that would not be readily visible to neighboring properties or from the public right-of- way. A-8 Resolution No. 2021-__ Page 9 of 11 Section 2: In approving Addendum No. 49 to EIR No. 36, the City Council has reviewed and considered the Addendum No. 49 document, attached hereto and made a part thereof as Exhibit "A." Section 3: The Addendum No. 49 to EIR No. 36 identifies no new potential significant adverse environmental impacts to the areas listed below, beyond those already identified in the Final EIR No. 36, the Supplement, Second Supplement, and Addenda Nos. 1 through 49 to EIR No. 36, as a result of the proposed revisions to the Trump National Golf Club project: 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning 7. Circulation and Traffic 8. Air Resources 9. Noise 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts Section 4: That implementation of the proposed changes to the project would not require additional mitigation measures or significant deletions/modifications to the mitigation measures included in the Final EIR, as well as the Supplemental, Second Supplemental, and Addenda Nos. 1 through 49 to EIR No. 36. Section 5: While the implementation of mitigation measures as discussed in the Final EIR No. 36 and the Supplemental, and the Second Supplemental, and Addenda EIR Nos. 1 through 49 to EIR No. 36 will further reduce these impacts, it is not possible to entirely eliminate cumulative impacts to the areas of concern listed in Section 1, above. Therefore, the Findings and Statement of Overriding Considerations, as provided in Final EIR No. 36, are hereby incorporated by reference. Section 6: All findings, attachments and Statement of Overriding Considerations contained in Resolution Nos. 92-53, 92-115, 93-89, 94-71 and 96-15, as adopted by the City Council on June 1, 1992, December 7, 1992, October 5, 1993, September 6, 1994, March 11, 1996, and September 3, 1996, respectively, are hereby incorporated by reference. Section 7: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or any other applicable short period of limitations. A-9 Resolution No. 2021-__ Page 10 of 11 Section 8: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the City Council hereby approves Addendum No. 49 to EIR No. 36, based on the City Council’s determination that the document was completed in compliance with the requirements of CEQA and State and local guidelines with respect thereto. PASSED, APPROVED, and ADOPTED this 16th day of November 2021. Eric Alegria, Mayor Attest: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2021-__, was duly adopted by the City Council of said City at a regular meeting thereof held on November 16, 2021. AYES: NOES: ABSENT: ABSTAIN: ______________________ Teresa Takaoka, City Clerk A-10 Resolution No. 2021-__ Page 11 of 11 Resolution No. 2021-__ Exhibit "A" ADDENDUM NO. 49 TO ENVIRONMENTAL IMPACT REPORT NO. 36 The City Council has reviewed the proposed Revision “HHH” to the Trump National Golf Club project, which is a request to allow a change in the maximum building height for Lot No. 9 of Tract No. 50667 to accommodate a subterranean garage and exterior basement patio area, in conjunction with the requirements of the California Environmental Quality Act (CEQA), as well as State and Local CEQA Guidelines, and find as follows: That the approved request would not result in any new or increased impacts to the environment that are not already analyzed within EIR No. 36, because no significant impacts will result from the approved changes. Specifically, Revision “HHH” will not result in adverse impacts to 1) views from neighboring properties nor the public right -of-way in the vicinity as the proposed subterranean features will not be readily visible, 2) parking or traffic related matters, and 3) geology. Furthermore, there have been no substantial changes to the project or to the environment that would cause the project to significantly impact the environment, nor does the proposed amendment affect a change that would impact the environment in any manner that was not previously considered and mitigated to the extent feasible. A-11 RESOLUTION NO. 2021-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “HHH” TO THE TRUMP NATIONAL GOLF CLUB PROJECT CONDITIONAL USE PERMIT TO AMEND CONDITION NO. Z.44 TO ALLOW LOT NO. 9 OF TRACT NO. 50667 TO BUILD UP TO 26 FEET IN HEIGHT, AS MEASURED FROM THE POINT OF ENTRY OF A PROPOSED SUBTERRANEAN GARAGE AND EXTERIOR BASEMENT PATIO LEVEL, LOCATED AT 32042 ISTHMUS VIEW DRIVE (CASE NO. PLCU2021-0009). WHEREAS, on June 1, 1992, the City Council 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 (VTTM) Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 for a Residential Planned Development (RPD) consisting of a total of 83 single-family dwelling units, an 18-hole public golf course, and public open space on 261.4 acres on what is now known as Trump National Golf Club (the “Project”); and, WHEREAS, on August 12, 1992, after finding that an appeal of the City's approval of the project raised a substantial issue, the California Coastal Commission (CCC) denied Coastal Permit No. 103, directed the landowners to redesign the Project to address the concerns raised by the Coastal Commission staff, and remanded the Project back to the City of Rancho Palos Verdes for reconsideration; and, WHEREAS, on December 7, 1992, the City Council adopted Resolution No. 92-115 approving Addendum No. 1 to EIR No. 36 and adopted Resolution Nos. 92-116, 92-117, 92-118 and 92-119 approving Revisions to VTTM Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541 to address concerns raised by the CCC with regard to adequate provisions for public open space, public access and habitat preservation; and, WHEREAS, on April 15, 1993, the CCC approved the Revised Project by way of Coastal Development Permit No. A-5-RPV-93-5 (i.e., Coastal Permit No. 103), subject to additional conditions of approval; and, WHEREAS, on October 5, 1993, the City Council adopted Resolution No. 93 -89 approving Addendum No. 2 to EIR No. 36 and adopted Resolution Nos. 93-90, 93-91, 93- 92 and 93-93 re-approving VTTM Nos. 50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, and Grading Permit No. 1541 to comply with a Court mandate to provide affordable housing in conjunction with the project, pursuant to Government Code Section 65590; and, B-1 Resolution No. 2021-__ Page 2 of 14 WHEREAS, on November 5, 1993, the CCC adopted revised and expanded findings in conjunction with the Revised Project; and, WHEREAS, on September 6, 1994, the City Council adopted Resolution No. 94- 71 approving Addendum No. 3 to EIR No. 36 and adopted Resolution Nos. 94-72, 94-73, 94-74, 94-75, 94-76 and 94-77, approving Revision "A" to relocate the golf course clubhouse from the area southwest of the School District property to an area north of Half Way Point, locate the golf course maintenance facility and 4 affordable housing units southeast of the corner of Palos Verdes Drive South and Paseo Del Mar, reduce of the number of single family residential lots from 83 to 75 and increase the height of the golf course clubhouse from 30 feet to 48 feet; and, WHEREAS, on January 12, 1995, the CCC approved Coastal Development Permit No. A-5-RPV-93-005A (i.e., Coastal Permit No. 103), thereby approving its first amendment to the permit, subject to revised conditions of approval; and, WHEREAS, on September 27, 1995, the CCC approved Coastal Development Permit No. A-5-RPV-93-005A (i.e., Coastal Permit No. 103), thereby approving its second amendment to the permit; and, WHEREAS, on February 1, 1996, the CCC approved Coastal Development Permit No. A-5-RPV-93-005A (i.e., Coastal Permit No. 103), thereby approving its third amendment to the permit; and, WHEREAS, on March 11, 1996, the City Council adopted Resolution No. 96 -15 approving Addendum No. 4 to EIR No. 36 and adopted Resolution Nos. 96-16, and 96- 17, approving Revision "B" to modify the approved alignment of Paseo del Mar ("A" Street/"J" Bluff Road), revise the conditions of approval regarding several public trails, and relocate the golf course clubhouse approximately 80 feet to the west of its previously approved location; and, WHEREAS, on July 11, 1996, the CCC approved Coastal Development Permit No. A-5-RPV-93-005A (i.e., Coastal Permit No. 103), approving its fourth amendment to the permit, subject to revised conditions of approval; and, WHEREAS, on September 3, 1996, the City Council adopted Resolution No. 9 6- 72 approving Addendum No. 5 to EIR No. 36 and adopted Resolution Nos. 96-73, 96-74, 96-75, 96-76 and 96-77, approving Revision "C" to relocate two single family residential lots in VTTM No. 50667 from the end of Street "A" to the end of Street "C", revis e the boundaries of open space Lots B, C, G and H, convert the split -level lots in VTTM No. 50667 to single-level lots, revise the golf course layout, revise the public trail system, combine parallel trails easements, construct a paved fire access road wes t of the Ocean Terraces Condominiums and amend several conditions of approval and mitigation measures to modify the required timing for compliance; and, B-2 Resolution No. 2021-__ Page 3 of 14 WHEREAS, on September 9, 1997, the Planning Commission adopted P.C. Resolution No. 97-44 approving Revision "D" to amend Conditional Use Permit No. 162 (RPD) to modify the minimum rear yard setbacks on lots 6 through 9 to provide an adequate buffer between the proposed residences and the potential brush fires that may occur on the adjacent habitat area; and, WHEREAS, on April 21, 1998, the City Council adopted Resolution No. 98 -32 approving Revision "E" to amend Conditional Use Permit No. 163 (Golf Course) to modify the bonding requirements for the golf course improvements; and , WHEREAS, on June 16, 1998, the City Council adopted Resolution No. 98-59, approving Revision "F" to modify the configuration of Streets "C" and "D" and Lot Nos. 1 through 13 of VTTM No. 50667 for the final location of the Foundation Setback Line and revise Conditional Use Permit No. 162 (RPD) to address maximum building height; and, WHEREAS, on July 14, 1998, the Planning Commission adopted P.C. Resolution Nos. 98-26 and 98-27, recommending approval of Addendum No. 6 to EIR No. 36 and Revision "G" to Conditional Use Permit No. 163 (Golf Course) to the City Council; and, WHEREAS, on August 18, 1998, the City Council adopted Resolution No. 98 -76 approving Addendum No. 6 to EIR No. 36 and adopted Resolution No. 98-77, approving Revision "G” to 1) increase the size of the clubhouse by 18% from 27,000 square feet to 32,927 square feet; 2) increase the size of the maintenance facility from 6,000 square feet to 9,504 square feet; 3) a 2 foot increase in the upslope height of the maintenance facility building; and, 4) relocate the maintenance building and reconfiguration of the maintenance facility parking lot; and, WHEREAS, on February 2, 1999, the City Council adopted Resolution No. 99 -10 approving Addendum No. 7 to EIR No. 36 and adopted Resolution No. 99-11, approving Revision "H" to change 6 of the residential lots within VTTM No. 50667 from flat pad lots to split level lots, lower the overall pad elevation for each lot, and lowering Street 'B' within the subdivision, lower the pad elevation for 6 other lots within the subdivision, and modify the project's mitigation measures and conditions of approval to allow th e permitted construction hours for the entire Ocean Trails project to be expanded to include Sundays through March 21, 1999; and, WHEREAS, on May 4, 1999, the City Council adopted Resolution No. 99 -29 approving Addendum No. 8 to EIR No. 35 and adopted Resolution No. 99-30, approving Revision “I” to change the design of the eastern portion of the golf course storm drain facilities from a tunneled pipe system to the existing on-site La Rotonda Canyon: and, WHEREAS, on June 2, 1999, Landslide C at the Ocean Trails site was re- activated; and, B-3 Resolution No. 2021-__ Page 4 of 14 WHEREAS, on July 20, 1999, the City Council adopted Resolution No. 99 -55 approving Addendum No. 9 to EIR No. 36 and adopted Resolution Nos. 99-56, 99-57, 99- 58, 99-59, and 99-60, approving Revision “J” to 1) revise the conditions requiring the establishment of a maintenance district by eliminating the maintenance district and having the golf course owner be the sole responsible entity for maintenance thereby excluding the future residential homeowners; 2) permit the tim ing of the installation of ornamental fencing on each residential lot be delayed until prior to issuance of certificate of occupancy; 3) lower certain residential building pas and convert certain flat level building pads to split-level pads in VTTM No. 50666; 4) increase the total building area of the clubhouse by permitting a basement space; 5) revise the hours permitted for golf course landscape gardening and maintenance by allowing the owner to submit a Maintenance Plan; 6) delay the payment of traffic impact fees to prior to issuance of Building Permits for any residential structure located in VTTM Nos. 50666 or 50667, whichever occurs first; and that the document titled “Ocean Trails Conceptual Public Amenities and Coastal Access Program, Rancho Palos Verdes Subregion No. 7” dated as received ty the City on October 7, 1996 was approved as the final Public Amenities Plan, subject to various conditions of approval; and, WHEREAS, in October 1999, VTTM No. 50667 was recorded with the County of Los Angeles; and, WHEREAS, on May 16, 2000, the City Council adopted Resolution No. 2000 -27 approving Addendum No. 10 to EIR No. 36 and adopted Resolution No. 2000-28, approving Revision “K” to revise the Final Public Amenities Plan; approve a portion of the golf course to open for play before all of the required public amenities have been completed due to delays caused by the failure of Landslide C on June 2, 1999; move the maintenance building; sewer monitoring at Landslide A be done at least once every 30 days; and the City Geologist approve a monitoring program with respect to Landslide A; and, WHEREAS, on June 21, 2000, the City Council adopted Resolution No. 2000 -38 certifying a Final Supplemental EIR to EIR No. 36, adopting a Mitigation Monitoring Program, adopting a Statement of Overriding Considerations, and adopted Resolution Nos. 2000-39 and 2000-40, approving Revision “L” to repair Landslide C; and, WHEREAS, on July 18, 2000, the City Council approved Revision “M” to the Project, approving an amendment to the Habitat Conservation Plan (HCP), an amendment to the HCP Implementing Agreement, and approval of a Conservation Easement over the lower portion of Shoreline Park; and , WHEREAS, on September 5, 2000, the City Council adopted Resolution No. 2000-58, approving a Mitigated Negative Declaration and adopted Resolution No. 2000-59, approving Revision “N” to change the design of the western portion of the golf course drainage facilities from a tunneled pipe system to the existing onsite Forrestal Canyon; and, B-4 Resolution No. 2021-__ Page 5 of 14 WHEREAS, on September 5, 2000, the Applicant withdrew the request for Revision “O”; and, WHEREAS, on February 20, 2001, the City Council adopted Resolution No. 2001 - 14, approving Addendum No. 11 to EIR No. 36 and adopted Resolution Nos. 2001-15, 2001-16, 2001-17, and 2001-18, approving Revision “P” to extend the time to provide 4 on-site affordable housing units for rent from "prior to one year of the opening of the clubhouse" to "prior to the opening of the 18 -hole golf course"; and, WHEREAS, on February 20, 2001, the City Council adopted Resolution No. 2001 - 11, approving Addendum No. 12 to EIR No. 36 and adopted Resolution Nos. 2001-12 and 2001-13, approving Revision “Q” to require the developer to reconstruct La Rotonda Drive rather than resurfacing a portion of Palos Verdes Drive South from La Rotonda Drive to the eastern City boundary; and, WHEREAS, on September 4, 2001, the City Council adopted Resolution No. 2001 - 72, approving Addendum No. 13 to EIR No. 36 and adopted Resolution Nos. 2001-73 and 2001-74, approving Revision “R” to amend Condition I -3 of VTTM Nos. 50666 and 50667, revising the deadline for the completion of La Rotonda Drive and setting a new completion date for the improvements to Palos Verdes Driver South; and, WHEREAS, on October 16, 2001, the City Council adopted Ordinance 370 (Revision “S”), amending certain provisions of the Rancho Palos Verdes Municipal Code regarding the City’s golf tax; and, WHEREAS, on August 19, 2003, the City Council adopted Resolution No. 2003 - 70, approving Addendum No. 15 to EIR No. 36 and adopted Resolution No. 2003-71, approving Revision "T" Conditional Use Permit No. 163 (Golf Course) for an expansion to the Clubhouse Building; and, WHEREAS, on November 5, 2003, the City Council adopted Resolution No. 2003- 90, approving Addendum No. 16 to EIR No. 36 and adopted Resolution No. 2003-91, approving Revision "U" to Conditional Use Permit No. 163 (Golf Course) for an expansion to the Clubhouse Building; and, WHEREAS, on April 20, 2004, the City Council adopted Resolution No. 2004 -27, approving Addendum No. 17 to EIR No. 36 and adopted Resolution Nos. 2004-28, 2004- 29, 2004-30, and 2004-31, approving Revision “V” to amend Conditional Use Permit No. 163 (Golf Course) to 1) exclude basement areas of one-story structures from the existing 30% "Maximum Habitable Space" requirement, but require that the basement habitable area be added to the first floor habitable area in complying with the "Maximum Habitable Space Square Footage" requirement; 2) change the height of Lot No. 2 to allow for a subterranean garage; and 3) permit the construction of retaining walls and access to the proposed subterranean garage; and, B-5 Resolution No. 2021-__ Page 6 of 14 WHEREAS, on June 7, 2005, the City Council adopted Resolution No. 2005 -62, certifying a Mitigated Negative Declaration and adopted Reso lution Nos. 2005-63, 2005- 64, 2005-65, and 2005-66, approving Revision "W", amending Conditional Use Permit Nos. 162 and 163, VTTM No. 50666, and Grading Permit No. 1541 to replace 16 residential lots with a new driving range in VTTM No. 50666; and, WHEREAS, on October 4, 2005, the City Council adopted Resolution No. 2005 - 104, approving Addendum No. 18 to EIR No. 36 and adopted Resolution No. 2005-105, approving Revision “X” amending Conditional Use Permit No. 162 (RPD) to 1) allow a change in the maximum habitable area for lots 26 through 29 in Tract No. 50667; 2) allow a change in the maximum building height for lots 24 through 29 in Tract No. 50667; 3) allow lots 24, 25 and 29 in Tract No. 50667 to grade and construct improvements over existing 2:1 slope; 4) allow up to 30% of the front and rear façades of all two -story and split-level structures to have a full two-story façade; and 5) to decrease the lot area of Lot D within VTTM No. 50666 from 1.4 acres to 1.0 acres; and, WHEREAS, on December 20, 2005, the City Council adopted Resolution No. 2005-141, approving Addendum No. 19 to EIR No. 36 and adopted Resolution Nos. 2005- 142, 2005-143, approving Revision “Y” to allow a temporary 3-month opening of the golf course and driving range to the public and continue the Indemnity Agreement and Easement Deed between the City and V.H. Property Corporation pertaining to the City’s acceptance of “Public Trail Easements” and the resolution accepting said public trail easements to January 17, 2006; and, WHEREAS, on April 18, 2006, the City Council adopted Resolution 2006 -25, approving Addendum No. 20 to EIR No. 36 and adopted Resolution No. 2006-26, approving Revision “Z” to amend Grading Permit No. 1541 to allow an additional 3-month extension of the operation of the golf course and driving range on a temporary basis and continued the public hearing for an amendment to Conditional Use Permit No. 163 (Golf Course) to address Waterfall no. 1 and a new back tee at Hole no. 2 to the May 2, 2006 City Council meeting; and, WHEREAS, on May 2, 2006, the City Council adopted Resolution No. 2006 -31, approving Addendum No. 21 to EIR No. 36 and adopted Resolution No. 2006-32, approving Revision “Z”, amending Conditional Use Permit No. 163 (Golf Course) to allow a change in the golf course design to permit an increase in height for Waterfall #1 and new back tees on Hole no. 2; and, WHEREAS, on July 18, 2006, the City Council adopted Resolution No. 2006 -55, approving Addendum No. 22 to EIR No. 36 and adopted Resolution No. 2006-56, approving Revision “AA” to amend Grading Permit No. 1541 to allow an additional 3 - month extension to the operation to the golf course and driving range; and , WHEREAS, on October 17, 2006, the City Council adopted Resolution No. 2006- B-6 Resolution No. 2021-__ Page 7 of 14 82, approving Addendum No. 23 to EIR No. 36 and adopted Resolution No. 2006-83, approving Revision “CC” to amend Grading Permit No. 1541 to allow an additional 3 - month extension to the operation of the golf course and driving range; and, WHEREAS, on February 6, 2007, the City Council adopted Resolution No. 2007 - 11, approving Addendum No. 24 to EIR No. 36 and adopted Resolution No. 2007-12, approving Revision “DD” to amend Grading Permit No. 1541 to allow an additional 2 - month extension to the operation of the golf course and driving range; and , WHEREAS, on March 6, 2007, the City Council adopted Resolution No. 2007 -21, approving Addendum No. 25 to EIR No. 36 and adopted Resolution No. 2007-22, approving Revision “EE” to amend Conditional Use Permit No. 162 (RPD) Conditions S- 2 and S-3 to permit Lot No. 10 to have a building height of 27 feet as measured from the point of entry of a proposed subterranean garage level and exterior patio basement level, while the remainder of the one-story residence maintains the existing required building height of 16'; and, WHEREAS, on March 20, 2007, the City Council adopted Resolution No. 2007- 30, approving Addendum No. 26 to EIR No. 36 and adopted Resolution No. 2007-31, approving the appeal and Revision “BB” to Conditional Use Permit No. 162 (RPD) and approving a Variance to allow a 70-foot tall flagpole; and, WHEREAS, on April 17, 2007, the City Council approved a 4 -week extension on the Special Use Permit for the driving range; continued the public hearing for review of the Revision “FF” to the May 1, 2007, City Council meeting; and directed Staff to bring back the permanent opening of the golf course to City Council for final approval; and, WHEREAS, on May 1, 2007, the City Council adopted Resolution No. 2007 -50, approving Addendum No. 27 to EIR No. 36 and adopted Resolution No. 2007-57, approving Revision “FF” to Grading Permit No. 1541 to allow an additional 6-month extension to the operation of the driving range; and, WHEREAS, on October 16, 2007, the City Council adopted Resolution No. 2007 - 112, approving Addendum No. 29 to EIR No. 36 and adopted Resolution No. 2007-113 approving Revision “HH” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to December 4, 2007; and, WHEREAS, on December 4, 2007, the City Council adopted Resolution No. 2007- 125, approving Addendum No. 31 to EIR No. 36 and adopted Resolution No. 2007-126 approving Revision “KK” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to January 18, 2008; and, WHEREAS, on December 18, 2007, the City Council adopted Resolution No. 2007-132, denying Revision “GG” to Conditional Use Permit No. 163 (Golf Course) for a 12-foot-high ficus hedge located at the western edge of the existing driving range; and, B-7 Resolution No. 2021-__ Page 8 of 14 WHEREAS, on January 16, 2008, the City Council adopted Resolution No. 2008 - 03, approving Addendum No. 32 to EIR No. 36 and adopted Resolution No. 2008-04 approving Revision “LL” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to July 18, 2008; and, WHEREAS, on May 20, 2008, the City Council adopted Resolution No. 2008 -41, approving Addendum No. 34 to EIR No. 36 and adopted Resolution No. 2008-42 approving Revision “MM” to allow lot 17 of Tract No. 50667 to grade and construct improvements over existing 2:1 slopes; and, WHEREAS, on July 15, 2008, the City Council adopted Resolution No. 2008 -65, approving Addendum No. 35 to EIR No. 36; adopted Urgency Ordinance No. 475U approving Amendment No. 5 to extend the Development Agreement to October 22, 2008; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2008-66 approving Revision “NN” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to October 22, 2008; and , WHEREAS, on September 16, 2008, the City Council adopted Resolution No. 2008-84, approving Addendum No. 36 to EIR No. 36 and adopted Resolution No. 2008 - 85 approving Revision “OO” to allow lot 18 of Tract No. 50667 to grade and construct improvements over existing 2:1 slopes; and, WHEREAS, on October 21, 2008, the City Council adopted Resolution No. 2008 - 103, approving Addendum No. 37 to EIR No. 36; adopted Urgency Ordinance No. 480U, authorizing an extension to the Development Agreement to January 22, 200 9; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2008-104, approving Revision “PP” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to January 22, 2009; and , WHEREAS, on January 21, 2009, the City Council adopted Resolution No. 2009 - 04, approving Addendum No. 38 to EIR No. 36; adopted Urgency Ordinance No. 482U, authorizing an extension to the Development Agreement to July 22, 2009; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2009-05, approving Revision “RR” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to July 22, 2009; and, WHEREAS, on September 15, 2009, the City Council adopted Resolution No. 2009-70, approving Addendum No. 39 to EIR No. 36; adopted Urgency Ordinance No. 499U, authorizing an extension to the Development Agreement to March 17, 2010; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2009-71, approving Revision “SS” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to March 17, 2010; and, WHEREAS, on March 16, 2010, the City Council adopted Resolutio n No. 2010- B-8 Resolution No. 2021-__ Page 9 of 14 18, approving Addendum No. 40 to EIR No. 36; adopted Urgency Ordinance No. 507U, authorizing an extension to the Development Agreement to September 21, 2010; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2010-19, approving Revision “UU” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to September 21, 2010; and , WHEREAS, on September 21, 2010, the City Council adopted Resolution No. 2010-85, approving Addendum No. 41 to EIR No. 36; adopted Urgency Ordinance No. 515U, authorizing an extension to the Development Agreement to March 21, 2011; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2010-86, approving Revision “UU” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to March 21, 2011; and , WHEREAS, on March 15, 2011, the City Council adopted Resolution No. 2011- 13, approving Addendum No. 42 to EIR No. 36; adopted Urgency Ordinance No. 519U, authorizing an extension to the Development Agreement to September 21, 2011; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2011-14, approving Revision “WW” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to September 21, 2011; and , WHEREAS, on August 2, 2011, the City Council adopted Resolution No. 2011-61, denying Revision “TT” to Conditional Use Permit No. 163 (Golf Course), for proposed ficus hedges on the driving range; and, WHEREAS, September 20, 2011, the City Council adopted Resolution No. 2011- 74, approving Addendum No. 43 to EIR No. 36; adopted Urgency Ordinance No. 525U, authorizing an extension to the Development Agreement to March 21, 2012; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2011-75, approving Revision “XX” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to March 21, 2012; and, WHEREAS, on November 1, 2011, the City Council received and filed a letter from the Trump Organization withdrawing their application for Revi sion “YY” for a proposed hedge at the western edge of the driving range; and, WHEREAS, on January 31, 2012, the City Council adopted Resolution No. 2012 - 03, adopting Addendum No. 1 to Mitigated Negative Declaration; adopted Resolution No. 2012-04 approving Revision “ZZ” to Conditional Use Permit No. 163 (Golf Course), to allow a New Zealand Christmas Tree hedge ranging in height from 6 feet to 9 feet-8inches to be planted at the western edge of the driving range; and, WHEREAS, on May 29, 2012, the City Council adopted Resolution No. 2012-37, approving Revision “QQ” to revise mitigation measures H-1, H-2, B-2, and B-4, to replace the approved retaining wall along an existing trail located parallel to and on the ocean side of the driving range’s southerly berm with a fence, hedge or combination thereof, B-9 Resolution No. 2021-__ Page 10 of 14 remove the operational aspects governing the driving range, and to change the timing of installation of 0.6 acres of Coastal Sage Scrub; and, WHEREAS, on March 6, 2012, the City Council adopted Resolution No. 2012-18, approving Addendum No. 44 to EIR No. 36; adopted Urgency Ordinance No. 534U, authorizing an extension to the Development Agreement to September 21, 2012; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2012-19, approving Revision “AAA” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to September 21, 2012; and , WHEREAS, on August 7, 2012, the City Council adopted Resolution No. 2012-55, approving Addendum No. 45 to EIR No. 36; adopted Urgency Ordinance No. 537U, authorizing an extension to the Development Agreement to September 21, 2014; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2012-56, approving Revision “BBB” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to September 21, 2014; and , WHEREAS, on May 21, 2013, the City Council adopted Resolution No. 2013 -28, approving Addendum No. 2 to the Mitigated Negative Declaration; adopted Resolution No. 2013-29 approving Revision “CCC” to revise Condition K2-B of Conditional Use Permit No. 163 (Golf Course) to delete the reference of the Applicant having to obtain Coastal Commission approval of the New Zealand Christmas Tree species for the proposed hedge on the driving range; and , WHEREAS, on September 16, 2014, the City Council adopted Resolution No. 2014-60, approving Addendum No. 46 to EIR No. 36; adopted Urgency Ordinance No. 561U, authorizing an extension to the Development Agreement to September 21, 2016; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution No. 2014-61, approving Revision “DDD” to Grading Permit No. 1541 allow an extension to the operation of the driving range to September 21, 2016; and , WHEREAS, on August 16, 2016, the City Council adopted Resolution No. 2016 - 36, approving Addendum No. 47 to EIR No. 36; adopted Urgency Ordinance No. 587U, authorizing an extension to the Development Agreement to September 21, 2018; extended VTTM No. 50666 consistent with the term of the Development Agreement; and adopted Resolution Nos. 2016-37 and 2016-38, approving Revision “EEE” to Grading Permit No. 1541 to allow an extension to the operation of the driving range to September 21, 2018; and, WHEREAS, on June 19, 2018, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2018-39, approving Revision "FFF" to Conditional Use Permit No.162 (RPD) to amend Condition No. F1.C (Resolution No. 2008-85) to remove the requirement to build a solid 5-foot to 6-foot tall wall along the west property line adjacent to the properties in the Portuguese Bend Club; consolidate the various conditions of approval tied to the Project; and update the 1997 Public Amenities Map; B-10 Resolution No. 2021-__ Page 11 of 14 and, WHEREAS, on September 21, 2021, the City Council adopted Resolution No. 2021-47, approving Addendum No. 48 to the Mitigated Negative Declaration, and adopted Resolution No. 2021-48 approving Revision “GGG” to allow Lot No. 11 to be constructed at 16 feet from pad of the one-story structure, and 26 feet from the entry to a subterranean garage and exterior basement patio areas, with a ridge height that does not exceed 16 feet above the existing pad elevation; and, WHEREAS, on August 31, 2021 , Michael Mulligan submitted an application to the City requesting approval of Revision "HHH" to allow Lot No. 9 to be constructed at 16 feet from pad of the one-story structure, and 26 feet from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16 feet above the existing pad elevation ; and, WHEREAS, on October 25, 2021, Revision “HHH” was deemed complete for processing; and, WHEREAS, on October 28, 2021, a public notice was mailed to all property owners within a 500-foot radius of the project site and published in the Peninsula News, informing them of the public hearing and availability of the public notice on the City’s webpage; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), on November 9, 2021, copies of the draft Addendum No. 49 to EIR No. 36 were distributed to the City Council in its City Council agenda packet and on November 16, 2021, prior to taking action on the proposed Revision “HHH” to the Trump National Golf Club project, the City Council independently reviewed and considered the information and findings contained in Addendum No. 4 9 to EIR No. 36; and, WHEREAS, on November 16, 2021, the City Council held a public hearing to consider Revision “HHH”, at which time all interested parties were given an opportunity to be heard and present evidence. 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. B-11 Resolution No. 2021-__ Page 12 of 14 Section 2: The approved Revision “HHH” is to allow a change in the maximum building height for Lot No. 9 of Tract No. 50667 by modifying Condition No. Z.44 as follows (bold underline for text added and strikeout for text removed): Z. 44. For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 4 through 8 9 and 12 through 13 are designated as Lot Type A. Lot Nos. 1 and 3 are designated Lot Type B. Lot Nos. 14 through 17 and 30 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos. 22 and 23 are designated Lot Type E. Lot No. 2 is designated Lot Type F. Lot Nos. 9, 11, 24 and 25 are designated Lot Type G. Lot Nos. 26 through 29 are designated as Lot Type H. Lot No. 10 is designated as Lot Type I. For reference purposes, Condition No. Z. 45 is listed below: Z. 45. Building heights for all residential structures are limited as follows: a. Lot Type A: 16’ b. Lot Type B: 15’ c. Lot Type C: 26’ d. Lot Type D: 16’ from upper pad, and 26’ from lower pad e. Lot Type E: 21’ from upper pad, and 26’ from lower pad f. Lot Type F: 15’ from pad of the one-story structure, and 25.3' from the entry to a subterranean garage provided that the ridge height does not exceed 15' from the pad of the one-story structure. g. Lot Type G: 16’ from pad of the one-story structure, and 26' from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16' from the pad of the one -story structure. h. Lot Type H: 26’ from pad of the two-story structure, and 36’ from the exterior grade of the basement patio area, provided that the patio area is located in the side yard and that the ridge height does not exceed 26' from the pad of the two- story structure. i. Lot Type I: 16’ from pad of the one-story structure, and 27' from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16' from the pad of the one -story structure. Section 3: Pursuant to Rancho Palos Verdes Municipal Code § 17.60.050 (A) (Conditional Use Permit), in approving the request for Revision “HHH”, the City Council hereby finds and determines that: a. As previously approved through CUP Revisions “V”, “X”, “EE”, and “GGG” (Resolution Nos. 2004-29, 2005-105, 2007-22, and 2021-48), the City Council determined that the site is adequate in size and shape to accommodate a subterranean garage and exterior basement patio area, and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on B-12 Resolution No. 2021-__ Page 13 of 14 adjacent land and within the neighborhood. Given the adjacent land uses, project site location, and design, the approval of Revision “HHH” is a minor change in the conditions of approval to modify the lot type for Lot No. 9 of Tract No. 50667 and does not change this determination. b. As previously approved through CUP Revisions “V,” “X,” “EE,” and “GGG” (Resolution Nos. 2004-29, 2005-105, 2007-22, and 2021-48), the City Council determined that the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. The approval of Revision “HHH” for a minor change to modify the lot type for Lot No. 9 of Tract No. 50667 will not cause any additional traffic-related impacts. c. As previously approved by the City Council through CUP Revisions “V,” “X,” “EE,” and “GGG” (Resolution Nos. 2004-29, 2005-105, 2007-22, and 2021-48), the City Council determined that there will be no significant adverse effect on adjacent property or the permitted use thereof as a result of the proposed subterranean garage and exterior basement patio area. The approval of Revision “HHH” for a minor change to modify the lot type for Lot No. 9 of Tract No. 50667 will not be readily visible from neighboring properties nor the public right-of-way in the vicinity. In addition, the maximum roof ridgeline of the proposed residence will not increase, in which there will be no significant change in appearance of the structure from what is currently permitted. d. As previously approved by the City Council through CUP Revisions “V,” “X,” “EE,” and “GGG” (Resolution Nos. 2004-29, 2005-105, 2007-22, and 2021-48), the City Council determined that the proposal is not contrary to the General Plan. The approval of Revision “HHH” for a minor change to modify the lot type for Lot No. 9 of Tract No. 50667 is consistent with the General Plan Land Use Policy No. 9 (p. L-8), to “enforce height controls to reasonably minimize view obstructions” as the maximum roof ridgeline of the proposed residence will not increase. e. As previously approved by the City Council through CUP Revisions “V,” “X,” “EE,” and “GGG” (Resolution Nos. 2004-29, 2005-105, 2007-22, and 2021-48), the City Council determined that the site is located within the "Natural", "Socio/cultural", and "Urban Appearance" overlay control districts established by Municipal Code Chapter 17.40, and golf course project complies with all applicable requirements of that chapter. The approval of Revision “HHH” for a minor change to modify the lot type for Lot No. 11 of Tract No. 50667 does not change this determination. f. As previously approved by the City Council through CUP Revisions “V,” “X,” “EE,” and “GGG” (Resolution Nos. 2004-29, 2005-105, 2007-22, and 2021-48), the City Council determined that necessary conditions related to the RPD and B-13 Resolution No. 2021-__ Page 14 of 14 Mitigation Monitoring Programs adopted through EIR No. 36 to protect the health, safety, and general welfare, have been imposed. The approval of Revision “HHH” for a minor change to modify the lot type for Lot No. 9 of Tract No. 50667 does not change this determination . Section 4: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6 and §17.86.100(B) of the RPVMC. Section 5: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. PASSED, APPROVED, and ADOPTED this 16th day of November 2021. Eric Alegria, Mayor Attest: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2021-__, was duly adopted by the City Council of said City at a regular meeting thereof held on November 16, 2021. AYES: NOES: ABSENT: ABSTAIN: ______________________ Teresa Takaoka, City Clerk B-14 RESOLUTION NO. 2021-__ EXHIBIT 'A' CONDITIONS OF APPROVAL FOR REVISION “HHH” (PLCU2021-0009) TRUMP NATIONAL GOLF CLUB A. GENERAL 1. Within 30 days of approval of Revision "HHH," the developers shall submit, in writing, a statement that they have read, understand, and agree to all of the conditions of approval contained in this exhibit. 2. Approval of this Revision "HHH" is conditioned upon the Applicant entering into an agreement with the City of Rancho Palos Verdes within 20 days of the date of this approval, subject to approval by the City Attorney, to indemnify and defend the City against all damages, claims, judgements, and litigation costs, including, without limitation, attorney's fees awarded to a prevailing party, arising from the approval of the project and all issues related thereto. B. AFFORDABLE HOUSING On-Site 1. In conjunction with Vesting Tentative Tract Map 50667, the developer shall provide a minimum of 4 dwelling units on-site as rental housing, which shall be affordable to very low to low income households. These units shall be provided on-site in conjunction with development of the golf course. Each unit shall contain at least 850ft² of living space and two bedrooms. A minimum of 2 enclosed parking spaces shall be provided for each unit. The units shall be available for rent prior to the opening of the 18-hole golf course. A covenant which guarantees that the affordable units shall not revert to market rate for a minimum period of 30 shall be recorded no later than the date of recordation of the final map. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons withi n very low to low income levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed). a. The total number of on-site market-rate dwelling units shall be limited to one dwelling unit per buildable acre of land. However, as an incentive to the developer to provide affordable housing, the 4 affordable dwelling units to be provided on-site shall be allowed to exceed the one dwelling B-15 Resolution No. 2021-__ Exhibit A Page 2 of 62 unit per buildable acre maximum. However, in no event shall more than 63 units (both market-rate and affordable) be constructed on the total project site, which includes Vesting Tentative Tract Map Nos. 50666 and 50667. b. The on-site affordable housing units shall be located near the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, provided that mechanical methods including, but not limited to de-watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the affordable housing units. Additionally, no portion of the affordable housing units shall be located in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, or if the location of the affordable housing complex is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council PRIOR TO RECORDATION OF ANY FINAL MAP, OR ISSUANCE OF THE GRADING PERMIT, WHICHEVER OCCURS FIRST. c. The size, height, design and placement of the affordable housing complex shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails Clubhouse" (site plan, floor plans and elevations), prepared by Klages Carter Vail and Partners, dated May 1, 1994 and dated as received by the City on August 5, 1994. However, the required parking shall be modified to include a minimum of eight (8) enclosed garage spaces, pursuant to Condition D.1 above. PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE COMPLEX, the final design of the affordable housing complex shall be submitted for review and approval by the Director of Community Development. The developer of the affordable housing complex shall be required to participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and construction plans for the affordable housing units are submitted. d. The unenclosed guest parking spaces associated with the affordable housing complex shall be designed in such a manner as to blend with the single family residential appearance of the complex. PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THE COMPLEX, the final design of the guest parking spaces shall be submitted for review and approval of the Director of Community Development. B-16 Resolution No. 2021-__ Exhibit A Page 3 of 62 Off-Site 2. In conjunction with Vesting Tentative Tract Map 50666, the developer shall provide a minimum of 2 dwelling units off-site as rental housing, which shall be affordable to very low to low income households. The off-site units shall be located in the City, either within the City's coastal zone or within three miles thereof, and shall not already be designated for or used by persons or families of very low to moderate income levels. The units shall contain at least 850ft² of habitable space and two bedrooms. The units shall be available for rent within 30 days after the issuance of the Department of Real Estate's "White Report" for Tract No. 50666 and prior to the sale of any residential lot within Tract No. 50666. The developer shall notify the City within 5 business days after the Department of Real Estate issues the "White Report". The units shall remain affordable to very low to low income households for a period of at least thirty years after initial occupancy at the affordable rate. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to low income employees of the Ocean Trails project. Second priority shall be given to persons within very low to low levels working within four miles of the City's coastal zone. Third priority shall be given to persons within very low to low income levels, regardless of the location of employment (if employed}. C. ARCHAEOLOGY AND PALEONTOLOGY 1. PRIOR TO ISSUANCE OF GRADING PERMITS, the project archaeologist shall submit a protocol to the City for monitoring and for the discovery of archaeological resources. A qualified archaeologist shall make frequent inspections during the rough grading operation to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be stopped and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Community Development immediately. All archaeological finds shall be first offered to the City for preservation. At the completion of grading, the project archaeologist shall submit a report detailing finds, if any. 2. PRIOR TO ISSUANCE OF GRADING PERMITS, the project paleontologist shall submit a protocol to the City for monitoring and for the discovery of paleontological resources, A qualified paleontologist shall be present during all rough grading operations to further evaluate pre-historic resources on the site. If paleontological resources are found, all work in the affected areas shall be temporarily suspended and the resources shall be removed and preserved. All "finds" shall be immediately reported to the Director of Environmental Resources. All paleontological finds shall be first offered to the City for preservation. At the completion of grading, the project paleontologist shall submit a report detailing B-17 Resolution No. 2021-__ Exhibit A Page 4 of 62 findings, if any. D. BIOLOGY 1. PRIOR TO ISSUANCE OF GRADING PERMITS, OR PRIOR THE RECORDATION OF THE FINAL MAP, whichever occurs first, the developer shall submit a Habitat Conservation Plan (HCP) for review and comment by local wildlife and habitat preservation groups, and subject to approval by the Planning Commission. (Resolution Nos. 2005-143: E1, 2016-08: N1) 2. PRIOR TO ISSUANCE OF GRADING PERMITS, the project biological monitor shall submit a protocol to the City for the monitoring of biological resources in conformance with the Habitat Conservation Plan and Environmental Impact Report No. 36. A qualified biologist shall be present during all rough grading operations to verify and ensure compliance with mitigation measures contained in Environmental Impact Report No. 36, Supplements thereto, and project certified Mitigated Negative Declarations, for preservation of biological resources, and conformance with the conditions and requirements of the Habitat Conservation Plan (HCP) as described in Condition D.1 above. 3. All construction activities (i.e. grading) will be minimized to the extent feasible within 300’ of habitat occupied by the gnatcatcher and/or cactus wren during the breeding season. 4. Construction-related noise levels above 60 decibels A-weighted Leq hourly in or adjacent to suitable habitat for the gnatcatcher and/or cactus wren shall be avoided and minimized year-round to the maximum extent practicable, but particularly during the breeding season (February 15-August 15). 5. Gnatcatcher and cactus wren surveys will be conducted by a qualified biological monitor possessing a valid 10(a) permit (for the gnatcatcher) and will be subject to Service approval. 6. A minimum of two pre-construction surveys will be conducted in all suitable habitat within 300’ of the project site. The first survey will be one week prior to construction activities and the last survey will occur no more than 3 days prior to beginning construction or grading for this project. 7. The Wildlife Agencies will be notified immediately of any gnatcatchers and/or cactus wrens detected during surveys. The Wildlife Agencies and the project proponent will coordinate on a strategy (e.g., noise monitoring plan, noise attenuation barriers, etc.) to avoid and minimize impacts to gnatcatchers and/or B-18 Resolution No. 2021-__ Exhibit A Page 5 of 62 cactus wrens occurring within 300’ of the project site. 8. A survey report will be provided to the Service upon completion of the final survey. The survey report will contain the date, time, and weather conditions, and all gnatcatcher, cactus wren and brown-headed cowbird ( Molothrus atery detections will be plotted on a suitably-scaled topographic map of the survey area. 9. The biological monitor will be present during construction activities. The biological monitor will have authority to halt localized construction activities if a gnatcatcher or cactus wren nest is discovered within or adjacent to the project area, and will contact the Wildlife Agenci es immediately. If a nest is discovered, construction activities will be restricted within 300’ of the next until the nestlings fledge or unless other impact reduction measures, to the satisfaction of the Service, are implemented. 10. Dust resulting from construction in or adjacent to the project site shall be minimized using biologically sound techniques (e.g., earth watering). E. BONDS 1. PRIOR TO THE ISSUANCE OF GRADING PERMITS, the developer shall post a bond, cash deposit, or other City-approved security to guarantee substantial vegetative cover and maintenance of all finish graded lots which have not been sold for development. 2. PRIOR TO RECORDATION OF EACH FINAL MAP OR ISSUANCE OF THE GRADING PERMIT, WHICHEVER OCCURS FIRST, the developer shall post a bond, cash deposit, or other City-approved security to ensure the completion of all common area improvements including: rough grading, landscaping, irrigation, public trails, drainage facilities, and other site feature as per approved plans. 3. PRIOR TO RECORDATION OF EACH FINAL MAP OR ISSUANCE OF THE GRADING PERMIT, WHICHEVER OCCURS FIRST, the developer shall post a bond, cash deposit, or other City-approved security to ensure the completion of all golf course, clubhouse and related improvements, including: rough grading, landscaping, irrigation, public trails, habitat restoration, drainage facilities, and other site features as per approved plans. 4. PRIOR TO RECORDATION OF EACH FINAL MAP OR ISSUANCE OF THE GRADING PERMIT, WHICHEVER OCCURS FIRST, the developer shall post a bond, cash deposit, or other City approved security to cover costs for B-19 Resolution No. 2021-__ Exhibit A Page 6 of 62 construction of a sanitary sewer system, in an amount to be determined by the Director of Public Works. 5. PRIOR TO RECORDATION OF A FINAL MAP, COMMENCEMENT OF WORK ON THE WATER SYSTEM SERVING THE SITE , or issuance of grading permits, the developer must submit a labor and materials bond in addition to either: a. An agreement and faithful performance bond in the amount estimated by the Director of Public Works and guaranteei ng the installation of the water system; or b. An agreement and other evidence satisfactory to the Director of Public Works indicating that the developer has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility a security guaranteeing payment for the installation of the water system. 6. A maintenance bond in an amount satisfactory to the City shall be provided to ensure that the drainage improvements shall be maintained to City's reasonable satisfaction until such time as the 18 hole golf course opens to the public and becomes fully operational and is able to undertake said maintenance. 7. PRIOR TO RECORDATION OF THE FINAL MAP OR COMMENCEMENT OF WORK ON THE STREET SYSTEM FOR THE SITE, WHICHEVER OCCURS FIRST, the developer shall post a bond, cash deposit, or other City-approved security to cover costs for the full improvements of all proposed on-site and off- site streets and related improvements, in an amount to be determined by the Director of Public Works. The bonding for said improvements may be posted in conjunction with the phasing plan as per Resolution No. 2005-62, Mitigation Measure B.1. 8. The developer shall be responsible for repairs to any public streets which may be damaged during development of the tract. PRIOR TO ISSUANCE OF GRADING PERMITS, the developer shall post a bond, cash deposit or City- approved security, in an amount sufficient to cover the costs to repair any damage to streets and appurtenant structures as a result of this development. 9. PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THE FIRST RESIDENCE WITHIN TRACT NO. 50666 OR TRACT NO. 50667, WHICHEVER OCCURS FIRST, the developer shall post a security, bond, or cash deposit acceptable to the City in an amount to be determined by the Director of Public Works to cover the project's fair share of the cost of B-20 Resolution No. 2021-__ Exhibit A Page 7 of 62 signalizing the intersection of Palos Verdes Drive South and Forestall Drive at Paseo Del Mar, and the intersection of Palos Verdes Drive South and La Rotonda Drive. 10. The developer shall be responsible for the construction of all public trails specified in Conditions K.4 through K .19 and shall provide a bond, or other money surety for the construction of such public trails in an amount to be determined by the Director of Public Works. Construction of said trails shall coincide with the rough grading activity within each workable phase and shall be completed upon acceptance of all street improvements by the City. Dedication of the public trails shall occur at the time the Final Map is recorded. 11. PRIOR TO RECORDATION OF THE FINAL MAP, a bond, cash deposit, or combination thereof, shall be posted to cover costs to establish survey monumentation, in an amount to be determined by the Director of Public Works. 12. The owners of the golf course parcels, and any successors in interest, shall maintain to the City's reasonable satisfaction all public parks, trails and open space areas (Lots A, B, C, D, E, G, H, and J). PRIOR TO RECORDATION OF EITHER FINAL MAP NO. 50666 OR NO. 50667, subject to review and approval by the City Attorney and the Director of Community Development, a Declaration of Restrictions to this effect shall be recorded against the golf course parcels of the tract. In addition, a maintenance bond in an amount satisfactory to the City shall be provided to ensure that the owners of the golf course parcels, and any successors in interest, maintain to the City's reasonable satisfaction all public parks, trails and open space areas (Lots A, B, C, D, E, G, H, and J) to City's reasonable satisfaction until such time as the 18 hole golf course opens to the public and becomes fully operational and is able to undertake said maintenance. 13. PRIOR TO RECORDATION OF THE FINAL MAP OR ISSUANCE OF GRADING PERMITS, WHICHEVER OCCURS FIRST, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement and grading in an amount to be determined by the Director of Public Works F. CLUBHOUSE 1. The golf clubhouse shall be located west of the terminus of Street "A" (Paseo Del Mar extension), in the area generally described as east of Forrestal Canyon, south of the single family Lot Nos. 6, 7, and 8 located on Street "B", and north of Half Way Point Park, as shown on "Site Plan for Conditional Use Permit Amended Map No. 2," dated June 19, 1996, prepared by ESCO Engineering Service Corporation, and dated as received by the City on August 2, 1996. No portion of the golf course clubhouse shall be located in areas currently zoned Open Space B-21 Resolution No. 2021-__ Exhibit A Page 8 of 62 Hazard (OH). A minimum factor of safety of 1.5 shall be demonstrated for the clubhouse structure. If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, including but not limited to de-watering wells, or if the clubhouse location is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council PRIOR TO RECORDATION OF ANY FINAL MAP. 2. The size, height, design and placement of the clubhouse shall substantially conform to the plans reviewed by the City Council, which are entitled "Proposed Club House Expansion and Remodel", prepared by Envirotechno, dated June 11, 2003 and dated as received by the City on October 30, 2003. The maximum size of the Clubhouse shall be 41,281ft². Any increases to the size of the structure shall require approval of an amendment to this Conditional Use Permit by the City Council. Further, the Basement Space can only be utilized provided that the developer obtains all necessary approvals and permits from the Building Department and Fire Department. 3. The public rest rooms on the lower level of the clubhouse shall be increased in size to include a minimum of 4 water closets in the women's facility and 1 water closet and 2 urinals in the men's facility. The design, orientation and signage of this facility shall clearly encourage use by the public visiting the adjacent park and access trails. The final design of the public rest rooms shall be subject to the review and approval of the Director of Community Development. 4. The height of the clubhouse shall not exceed 30’ in height, as measured from the highest point of finished grade to the main ridgeline and 38’ in height, as measured from the grade adjacent to the lowest foundation of the structure to the main ridge line. However, the stairway tower and two chimneys may exceed the 30’ height limit, but shall not exceed a maximum height of 38’, as measured from the highest point of finished grade to the top of the roof feature and 46’, as measured from the grade adjacent to the lowest foundation of the structure to the top of the roof feature, in order to provide articulation and visual interest to the building. G. COMPLETION PER APPROVED PLANS 1. The developer shall designate appropriate workable phases (portions of the development to include adjoining areas of grading, construction of the clubhouse and associated improvements, streets of access, finish grading phases, supporting off-site improvements and on-site drainage and utility improvements) that shall be subject to approval by the Director of Community Development and the Director of Public Works, PRIOR TO THE ISSUANCE B-22 Resolution No. 2021-__ Exhibit A Page 9 of 62 OF GRADING PERMIT. 2. PRIOR TO THE ISSUANCE OF GRADING PERMITS, a construction plan shall be submitted to the Director of Community Development for review and approval. Said plan shall include, but not be limited to a phasing plan, limits of grading, estimated length of time for rough grading and construction of improvements, location of construction trailers, construction signs and equipment storage areas and the location and type of temporary utilities. 3. Any workable phase not under construction which has been scarified through grading operations shall be irrigated and landscaped within 90 days of grading. Temporary irrigation lines may be approved by the Director of Community Development. 4. No building permits shall be issued prior to finish grading within the approved workable phase of the site in which each lot is located and until the Director of Community Development has determined that all drainage facilities and common area and off-site improvements in the workable phase of the site and necessary for development of the phase in the approved construction plan in which the lots or structures are located are completed, to the extent that the lots or structures are accessible and able to support development. 5. All lots within each approved workable phase of the tract shall be graded concurrently. 6. The developer shall participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and construction plans for the clubhouse, golf course, and related facilities are submitted to the City. 7. PRIOR TO THE ISSUANCE OF GRADING PERMITS AND/OR BUILDING PERMITS, a program to control and prevent dust and windblown earth problems shall be submitted to the Director of Community Development for review and approval. Methods may include, but shall not be limited to, onsite watering and vegetative planting. As part of the control plan, if feasible, the water used to control fugitive dust shall not be taken from primary potable water sources. Instead, the developer shall explore other options such as using reclaimed "grey water" or other non-potable water to control dust on the site during construction, subject to the review and approval of the Director of Community Development and the Los Angeles County Health Department. 8. The hours of operation for grading and construction activities shall be limited from Monday to Friday, 7am to 6pm and Saturday, 9am to 5pm. No grading or construction activities shall be conducted on Sunday or legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks and B-23 Resolution No. 2021-__ Exhibit A Page 10 of 62 other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. 9. Flagmen shall be used during all construction activities, as required by the Director of Public Works. 10. The use of a rock crusher on the site is prohibited. 11. Noncompliance with the above construction and/or grading restrictions shall be grounds for the City to stop work immediately on the property. H. DESIGN OF THE GOLF COURSE AND DRIVING RANGE 1. The design and layout of the 18 hole golf course shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Site Plan for Conditional Use Permit Amended Map No. 2," dated June 19, 1996, prepared by ESCO Engineering Service Corporation, and dated as received by the City on August 2, 1996. PRIOR TO COMMENCEMENT OF THE CONSTRUCTION OF THE GOLF COURSE, the final design of the golf course shall be submitted for review by the Director of Community Development and subsequently submitted for review and approval by the City Council for compliance with the plan referenced in this condition. The final design of the golf course shall identify the layout of the golf course holes and other improvements, including drainage structures, utility easements, golf cart paths, public trails and beach access. Wherever possible, the final design of the golf course shall minimize any conflict between the use of the golf holes and the public trails. 2. Any changes in the project which results in significant changes in the development characteristics of the approved conceptual plan per Condition H.1 above, shall require that an application for a revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification of any items reasonably related to the request, and shall be subject to approval by the City Council. Before any minor changes are made to the development, the Director of Community Development shall report to the City Council a determination of significance. 3. PRIOR TO RECORDATION OF THE FINAL MAP, any additional acreage needed to increase the size or area for the golf course and related uses shall be obtained by reducing the acreage currently designated for residential purposes within Tract 50666, Tract 50667, or a combination thereof, provided a minimum of 30% of the area within each tract remains for Common Open Space. Any additional acreage needed to increase the area of the golf course shall not result in a reduction in the acreage of land to be dedicated or restricted for public open space uses as shown B-24 Resolution No. 2021-__ Exhibit A Page 11 of 62 on the approved Ocean Trails Plan. 4. Any artificial water features (water hazards, fountains, artificial lakes, etc.) associated with the golf course are subject to review and approval by the Director of Community Development, PRIOR TO THE ISSUANCE OF A GRADING PERMIT. Such features shall be permitted, subject to the conditions that they be lined to prevent percolation of water into the soil and are charged with reclaimed and appropriately treated water when available from related uses after such features are initially established. The reclaimed water stored in any artificial water features shall be used to supplement the irrigation systems required to maintain the golf course. The operation of the water features and reclaimed water shall be subject to all applicable health code requirements. If there are any violations in this condition of approval, or if such features create a public nuisance at any time (visual appearance, odor, etc.). Approval of such features may be revoked through a public hearing before the Planning Commission, where mitigation including draining, filling, and re- landscaping may be imposed. 5. Any accessory structures associated with the golf course, including but not limited to a snack shop, convenience and comfort facilities, or similar structures, shall not exceed 16’ in height unless a minor revision to the Conditional Use Permit and a Variance are granted by the Planning Commission. 6. The design and layout of the driving range shall substantially conform to the plans reviewed by the City Council, which are entitled "Ocean Trails Driving Range/Lot Layout Proposed amendment Tentative Tract No. 50666, dated February 2, 2005", prepared by ESCO Engineering Service Corporation. PRIOR TO COMMENCEMENT OF THE CONSTRUCTION OF THE DRIVING RANGE, the final design/grading permit of the golf course shall be submitted for review and approval by the Director of Community Development for compliance with the plan referenced in this condition. The final design/grading plan of the driving range shall identify the layout of the driving range and other improvements, including drainage structures, utility easements, golf cart paths, and public trails. Wherever possible, the final design of the driving range shall minimize any conflict between the use of the golf holes and the public trails. 7. Any changes in the project which results in significant changes in the development characteristics of the approved conceptual plan per Condition H.6 above, shall require that an application for a revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification of any items reasonably related to the request, and shall be subject to approval by the City Council. Before any minor changes are made to the development, the Director of Community Development shall report to the City Council a determination of significance. B-25 Resolution No. 2021-__ Exhibit A Page 12 of 62 8. Subject to review and approval by the Community Development Department, the City Geologist and the City's Water Feature Consultant, per Revision "Z" to CUP No. 163, the Applicant shall be permitted to raise the height of Waterfall #1 and the Back Tees of Hole #2 according to the "As-Built Topography Plans", dated September 8, 2005 and November 4, 2005, which were prepared by ESCO Engineering Service Corporation. The shrubs planted adjacent to and immediately north of the Back Tees of Hole #2 shall be removed. No landscaping shall be planted in the immediate vicinity of the Back Tees of Hole #2 that exceeds the height of the tee elevation and all landscaping in the immediate vicinity shall be maintained at a height not to exceed the tee height. I. DRIVING RANGE 1. Revision "EEE", as approved by the City Council on August 16, 2016, permits a temporary opening of the driving range to September 21, 2018. 2. The Applicant may open the driving range to the public for a temporary period through September 21, 2018. The Applicant shall operate the site under a public safety plan, approved by the Director of Community Development and the City Geologist. Such Plan shall clearly designate any hazardous areas that may be unsafe. The plan shall show how these areas are signed, fenced and/or secured from public access. The plan shall also show how participants of the Golf Course and the public visiting the site will be able to traverse the site without entering into these hazardous secured areas. During the temporary operation, all of the improvements needed in the plan shall be maintained to the satisfaction of the Director of Community Development and the City's Geologist. Community Development Staff, Public Works Staff and/or the City's Geologist will be visiting the site during the temporary operation to verify compliance with this condition and the Safety Plan. The Director of Community Development may revoke this temporary permit at any time if, in the opinion of the Director of Community Development, the City Geologist or the Director of Public Works, the temporary operation may have an adverse effect on the public health, safety and welfare. 3. Maintenance and/or other project related vehicles shall be prohibited from using the temporary dirt road that runs parallel and adjacent to Palos Verdes Drive South within VTTM No. 50666. 4. During the two-year extension of the temporary opening of the driving range, which was approved through Revision "EEE", every 6-months, the Applicant shall submit a written report on the status of the driving range and Vesting Tentative Tract Map No. 50666 to the attention of the City's Deputy Director of Community Development. Said status report shall include 1) a description of the Applicant's efforts and progress in obtaining the California Coastal Commission's approval of a Coastal Permit for the driving range and flag pole; 2) a list of all outstanding remaining B-26 Resolution No. 2021-__ Exhibit A Page 13 of 62 items to be completed/constructed in order to secure permanent opening of the driving range along with an estimated schedule of completing such items; and 3) a list of all other outstanding items to complete within Vesting Tentative Tract Map No. 50666, including, but not limited to, the completion of all public amenities, dedication of open space, construction of infrastructure to support the subdivision, and submittal of the Final Map for tract 50666, along with an estimated schedule for completing such items. The first 6-month status report shall be submitted between March 14, 2017 and March 21, 2017, the second 6-month report shall be submitted between September 14, 2017 and September 21, 2017, the third 6- month report shall be submitted between March 14, 2018 and March 21, 2018, and the fourth 6-month report shall be submitted between September 14, 2018 and September 21, 2018. If during any time of the two-year period, the Applicant obtains final permanent opening of the driving range, then subsequent status reports will no longer be required. All status reports submitted by the Applicant will be made available to the City Council and the public by City Staff. J. DRAINAGE 1. Drainage plans and necessary support documents to comply with the following requirements must be submitted for approval by the Director of Public Works PRIOR TO THE RECORDATION OF THE FINAL MAP, PRIOR TO THE ISSUANCE OF GRADING PERMITS, OR COMMENCEMENT OF WORK ON THE DRAINAGE SYSTEM WITHIN EACH APPROVED PHASE OF THE PROJECT, WHICHEVER OCCURS FIRST: a. Provide drainage facilities in accordance with the Storm Water Pollution Prevention Plan to remove any flood hazard to the satisfaction of the Director of Public Works and dedicate and show easements on the Final Map. b. Eliminate sheet overflow and ponding or elevate the floors of any structures, with all openings in the foundation walls to at least 12” above the finished pad grade. c. Provide drainage facilities to protect the residential lots and golf course from high velocity scouring action. d. Provide for contributory drainage from adjoining properties. e. Redirect high flow runoff away from the natural drainage courses and retain low flows to maintain adequate soil moisture conditions. f. Provide drainage facilities to remove any flood hazard to the satisfaction of the Director of Public Works and dedicate and show easements on the Final B-27 Resolution No. 2021-__ Exhibit A Page 14 of 62 Map. g. All on-site surface drainage shall be directed away from the bluff top to minimize erosion and to protect sensitive plant habitat on the bluff face. 2. PRIOR TO THE ISSUANCE OF GRADING PERMITS, OR PRIOR TO RECORDATION OF A FINAL TRACT MAP, WHICHEVER OCCURS FIRST, the developer shall submit a Storm Water Pollution Prevention Plan. The post- construction portion Storm Water Pollution Plan shall be reviewed and approved by the Planning Commission. The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post-construction Best Management Practices (BMPs) to: a. Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies; b. Maximize to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground; c. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas; d. Minimize, to the maximum extent practicable, parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping; e. Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil; and f. Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable. 3. Furthermore, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. The pre-construction Storm Water Pollution Prevention Plan shall be reviewed and approved by the Director of Public Works. These practices include: B-28 Resolution No. 2021-__ Exhibit A Page 15 of 62 a. Include erosion and sediment control practices; b. Address multiple construction activity related pollutants; c. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning; d. Target construction areas and activities with the potential to generate significant pollutant loads; e. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity; f. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties; g. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site. h. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at construction sites, unless treated to remove sediments and pollutants. 4. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, telephone (310) 435-7741, shall be notified a minimum of 2 weeks PRIOR TO COMMENCEMENT OF WORK WITHIN THE NATURAL DRAINAGE COURSES CROSSING THE SITE. 5. The U.S. Army Corps of Engineers shall be contacted PRIOR TO ALTERATION OF ANY DRAINAGE COURSES ON-SITE to determine jurisdiction .and permit requirements, if any, with respect to Section 404 of the Clean Water Act (as amended 1984). 6. All storm drain facilities shall be designed PRIOR TO RECORDATION OF THE FINAL MAP and constructed where feasible so as to be accepted for maintenance by the Los Angeles County Public Works Department, Flood Control Division, subject to review and approval by the Director of Public Works. All facilities not in accepted by the County shall comply with Condition H.5. B-29 Resolution No. 2021-__ Exhibit A Page 16 of 62 7. The owners of the golf course/driving range parcels, and any successors in interest, shall maintain to the City's reasonable satisfaction all drainage outlet structures that are not accepted for maintenance by the Los Angeles County Public Works Department Flood Control Division, that carry storm water generated by, or passing through, the residential or golf course/driving range areas on the site to the ocean. PRIOR TO RECORDATION OF EITHER FINAL MAP NO. 50666 OR NO. 50667, subject to review and approval by the City Attorney and the Director of Community Development, a Declaration of Restrictions to this effect shall be recorded against the golf course parcels of the tract. 8. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of earth tone color and shall be reviewed and approved by the Director of Community Development PRIOR TO ISSUANCE OF GRADING PERMITS. 9. PRIOR TO ISSUANCE OF GRADING PERMITS, the developer shall submit a hydrology study to the Director of Public Works to determine any adverse impacts to on-site and/or off-site existing flood control facilities generated by this project. Should the Director of Public Works determine that adverse impacts will result, the developer will be required to post a bond, cash deposit, or combination thereof in an amount to be determined by the Director of Public Works, which will cover the cost of all on-site improvements and the project's fair share of the necessary off-site improvements. 10. Subject to review and approval of a permit by the Director of Public Works and Director of Community Development, the Developer shall be permitted to change the drainage system within the eastern portion of the Ocean Trails project site, which includes portions of the Golf Course and Vesting Tentative Tract Map No. 50667, from a tunneled storm drain system to drain instead into La Rotonda canyon. Within 60 days of this approval, the developer shall revise the "Operations and Maintenance Manual for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf Course" to include methods whereby the canyons on site shall be periodically monitored for erosion and slope failure. The document shall include methods for immediately repairing failed slope areas to prevent enlargement of failed areas. The revised Manual shall be submitted for review and approval by the Director of Public Works and Director of Community Development within the 60 day period. The golf course operator shall have the canyons inspected annually during and immediately following the rainy season, in accordance with the standards B-30 Resolution No. 2021-__ Exhibit A Page 17 of 62 and schedule which have been established by the Director of Public Works, and at any other time deemed necessary by the Director of Public Works. The golf course operator shall provide the results of the inspections to the Director of Public Works within ten (10) working days following each inspection. The golf course operator shall have any failed or eroded portions of the canyons immediately repaired to the satisfaction of the Director of Public Works. PRIOR TO ISSUANCE OF PERMITS TO CONSTRUCT SUCH DRAINAGE SYSTEM, the developer shall submit proof to the Director of Community Development, that the developer has obtained the necessary permits and/or approvals from the following resource agencies: U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California Regional Water Quality Control Board. The developer shall be responsible for implementing any conditions associated with the resource agencies permits and/or approvals of this specific drainage request. 11. Subject to review and approval of a permit by the Director of Public Works and Director of Community Development, the Developer shall be permitted to change the drainage system within the western portion of the Ocean Trails project site, which includes portions of the Golf Course and Vesting Tentative Tract Map No. 50666, from a tunneled storm drain system to drain instead into Forrestal Canyon. Within 60 days of this approval, the developer shall revise the "Operations and Maintenance Manual for Groundwater and Ground Movement Monitoring Facilities at the Ocean Trails Golf Course" to include methods whereby the canyons on site shall be periodically monitored for erosion and slope failure. The document shall include methods for immediately repairing failed slope areas to prevent enlargement of failed areas. The revised Manual shall be submitted for review and approval by the Director of Public Works and Director of Community Development within the 60 day period. The golf course operator shall have the canyons inspected annually during and immediately following the rainy season, in accordance with the standards and schedule which have been established by the Director of Public Works, and at any other time deemed necessary by the Director of Public Works. The golf course operator shall provide the results of the inspections to the Director of Public Works within 10 working days following each inspection. The golf course operator shall have any failed or eroded portions of the canyons immediately repaired to the satisfaction of the Director of Public Works. PRIOR TO ISSUANCE OF PERMITS TO CONSTRUCT SUCH DRAINAGE SYSTEM, the developer shall submit proof to the Director of Community B-31 Resolution No. 2021-__ Exhibit A Page 18 of 62 Development, that the developer has obtained the necessary permits and/or approvals from the following resource agencies: U.S. Army Corps of Engineers, California Department of Fish and Game, U.S. Fish and Wildlife, and the California Regional Water Quality Control Board. The developer shall be responsible for implementing any conditions associated with the resource agencies permits and/or approvals of this specific drainage request. K. EASEMENTS 1. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication or other easements until after the Final Map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder PRIOR TO THE FILING OF THE FINAL MAP. 2. All easements are subject to review by the Director of Public Works to determine the final locations and requirements. 3. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map, a public vehicular access easement, over the full width of the driveway that provides access to the clubhouse and the large (150 space) parking lot, from the terminus of Paseo Del Mar to the most westerly end of the driveway adjacent to Forrestal Canyon. L. FENCI NG 1. A complete project fencing plan for each tract (including public trails, habitat areas, warning signage, and proposed fence and wall details} shall be reviewed and approved by the Director of Community Development and/or the Design Review Committee ("DRC"} or similar body if established, PRIOR TO ISSUANCE OF GRADING PERMITS OR RECORDATION OF THE FINAL MAP, whichever occurs first. It shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. Said fencing plans shall incorporate the following: a. A 42 inch high pipe rail fence or similar fencing of suitable design shall be placed along the length of the bluff top on the seaward side of the bluff top pedestrian trail, subject to the review and approval of the Director of Community Development. It shall be the responsibility of the developer to install this fencing and warning signage to coincide with the construction of the bluff top pedestrian and bicycle trail. B-32 Resolution No. 2021-__ Exhibit A Page 19 of 62 b. A protective fence around the California gnatcatcher habitat areas and around all wildlife corridors adjacent to residential development, or as otherwise required by the Director of Community Development shall be installed. Fencing of all enhancement areas shall also be required, subject to the review and approval of the Director of Community Development. Said fencing shall satisfy all requirements of the project biologist, incorporate a method to prevent domesticated animals from entering the habitat areas, include appropriate warning signage, and shall be black or dark green in color. Temporary fencing shall be installed around the existing wildlife corridors and habitat areas PRIOR TO THE ISSUANCE OF GRADING PERMITS and the permanent fencing shall be installed prior to the sale of any lot within adjacent workable phases. c. Protective fencing along all trails and open space areas where there is a potential conflict between golf course uses and public access uses. In no case shall permanent netting and netting support poles be installed for the driving range. However, temporary netting and support poles may be allowed for temporary professional tournaments provided a Special Use Permit is obtained as required through Mitigation Measure No. H-3 of Resolution No. 2005-62 for the Driving Range (Revision "W') Mitigated Negative Declaration. In association with such temporary poles and netting, permanent below grade support pole sleeves that would accommodate temporary netting support poles are allowed to be installed as part of the driving range construction. Such below grade sleeves shall be safely covered when not in use as determined by the Director of Community Development. 2. No gates or other devices shall be permitted which limit direct access to the site. No freestanding fences, walls, or hedges shall be allowed, unless part of the fencing plan reviewed and approved by the Director of Community Development as required by Condition No. L.1. 3. A complete project fencing plan for each tract included in this approval (including public trails, habitat areas, warning signage, and proposed fence and wall details) shall be reviewed and approved by the Director of Community Development PRIOR TO ISSUANCE OF GRADING PERMITS OR RECORDATION OF THE FINAL MAP, WHICHEVER OCCURS FIRST. With the exception of the decorative fence for all private residential lots as noted in sub-section c and d below, it shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. In regards to the decorative fence for all private residential lots as noted in sub-section c and d below, the developer shall install said fencing PRIOR TO THE ISSUANCE OF A CERTIFICATE OF USE AND OCCUPANCY for each specific lot. Said fencing shall incorporate the following: B-33 Resolution No. 2021-__ Exhibit A Page 20 of 62 a. Vesting Tentative Tract Map No. 50666 A decorative fence, minimum height 5’ and maximum height 6’, which allows a minimum of 90% light and air to pass through shall be required along all street side setbacks and within all rear setback areas (along the rear and side property lines) of all private residential lots. If not specifically addressed above, said fencing shall be required along all property lines directly abutting common open space lots. Said fencing shall meet the minimum standard design requirements of pool fencing. Fencing located between the residential lots and the driving range shall be a maximum 6' high decorative wire mesh link with links small enough to ensure that golf balls from the driving range will not penetrate said fence. Any change to these criteria must be approved by the Director of Community Development. 1) This approval is for the re -alignment of the bicycle and pedestrian trial along the western project boundary, as shown in the plans approved by the City Council on November 4, 1998, including a 42” high wood post and cable type fence to be constructed along the western side of the pedestrian trail. 2) The development shall construct a 30” high s lumpstone wall along the northwestern corner of the entrance from Palos Verdes Drive South onto Street “C”. The exact location to be determined by the Director of Community Development. 3) PRIOR TO APPROVAL OF THE LANDSCAPE PLAN FOR LOT “D”, the developer shall coordinate with the City and representatives of the Community Association of Tract 16540 to ensure that the proposed landscape plans address the concerns of the Community Association, subject to review and approval by the Director of Community Devel opment. b. Vesting Tentative Tract Map No. 50667 Except for Lot Nos. 20 through 23, a decorative, minimum height 5’, maximum height 6’ fence which allows a minimum of 90% light and air to pass through shall be required along all street side setbacks and within all rear setback areas (along the rear and side property lines). Said fencing shall also be required along the western side property line of Lot Nos. 34 and 35. If not specifically addressed above, said fencing shall be required for all property lines directly abutting common open space lots or the golf course. Said fencing shall meet the minimum standard design requirements of pool fencing. Any change to these B-34 Resolution No. 2021-__ Exhibit A Page 21 of 62 criteria must be approved by the Director of Community Development. A decorative, uniform wall or fence shall be required along the rear property lines of Lot Nos. 20 through 23. 4. Chain link or other wire fencing is prohibited on any portion of any lot within the project, except as otherwise required by the project biologist for habitat protection or as required through Condition L-3.a). 5. Within the front and street side setback areas, fences, walls, or hedges up to a maximum of 24” in height shall be permitted. 6. Areas of the site that are not to be disturbed during grading or construction, or that are to be protected in accordance with the mitigation monitoring program established in Environmental Impact Report No. 36, Supplements thereto, and project certified Mitigated Negative Declarations, shall be temporary fenced during construction, subject to the review and approval of the Director of Community Development. M. FLAG POLE 1. The conditions found under Section V. of Conditional Use Permit No. 163 pertain to the approval of Revision BB to the project, as approved by the City Council on March 20, 2007, and amended on July 17, 2007 and February 16, 2016, approves the erection of a 70' tall flagpole near the back tee of Golf Hole #1 for the purpose of flying the flag of the United States of America. No other flag, object or display shall be flown form such flagpole without the approval of the City Council. The Applicant shall be responsible for abiding by all laws related to the flag of the United States as found in United States Code, Title 4, Chapter 1. 2. Prior to 60 days after final action by the City Council on February 16, 2016, the Applicant shall dedicate 25ft² (5' x 5') of property around the existing flag pole base to the City. Upon recordation, the City will henceforth be the owner of said property and the amenities located thereon. The Applicant shall be responsible for paying all necessary fees for the preparation of Grant Deed documents, including the legal description of said property and review by the City Engineer and City Attorney. 3. Prior to 60 days after final action by the City Council on February 16, 2016 and prior to recordation of the Grant Deed that dedicates the 25ft² property beneath the flag pole to the City, the Applicant shall obtain a building permit and a final on said permit for the flag pole. The Applicant shall be responsible for paying all necessary after-the-fact penalty fees for such building permit. B-35 Resolution No. 2021-__ Exhibit A Page 22 of 62 4. The Applicant shall be responsible for raising and lowering the flag on a daily basis in compliance with all laws related to the United States Flag found in the United States Code, Title 4, Chapter 1. Additionally, the Applicant shall be responsible for maintaining, including the costs of such maintenance, the flag, rigging, flag pole, and any landscaping within the 25ft² dedication area. 5. Prior to 60 days after final action by the City Council on February 16, 2016, the Applicant shall enter into a Reciprocal Easement Agreement that would allow the Trump Organization to access the flag pole site for maintenance activities while also providing an easement over golf course property to allow the City to access the flag pole site. 6. Prior to 60 days after final action by the City Council on February 16, 2016, the Applicant shall enter into an Indemnification Agreement that indemnifies the City against any action associated with the Applicant's installation/construction of the amenities located on the 25ft² property, as well as the maintenance and all other activities related to the flag and flag pole. 7. No lighting to illuminate the flag pole shall be allowed. N. GEOLOGY 1. PRIOR TO RECORDATION OF THE FINAL MAP OR PRIOR TO ISSUANCE OF GRADING PERMITS, WHICHEVER OCCURS FIRST, a final grading plan shall be approved by the Director of Public Works and City Geologist, by manual signature. This grading plan shall be based on a detailed engineering, geology and/or soils engineering report(s) and shall specifically be approved by the City Geologist and/or soils engineer and comply with all recommendations submitted by them. It shall also be consistent with the vesting tentative tract maps and conditions, as approved by the City. 2. All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a Restricted Use Area on each Final Map, in which the erection of buildings or other structures shall be prohibited. 3. All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with applicable provisions of the Municipal Code and the recommendations of the Director of Public Works. 4. All grading activity on the site shall occur in accordance with all applicable City safety standards. B-36 Resolution No. 2021-__ Exhibit A Page 23 of 62 5. All graded slopes shall be properly planted and maintained. Within 90 days of being graded, all open space/slope areas and all areas that will remain undeveloped shall be hydroseeded and/or planted. Plants shall be selected that are drought tolerant, capable of developing deep root systems and shall generally consist of low ground cover to impede water flow on the surface. Watering for establishment of said plant material shall be done in cycles that will promote deep rooting. Watering shall be diminished or stopped just prior to and during the rainy season or upon establishment of the plant material, whichever occurs first. To provide greater slope protection against scour and erosion, all graded slopes shall be covered with a jute mat to provide protection while the ground cover is being established. If appropriate, the Director of Community Development may approve an alternative material or method to control erosion. 6. All of the recommendations of the project geologist, except as modified by the City Geologist, will be incorporated into the approved grading plan and design of any structure. 7. PRIOR TO ISSUANCE OF A BUILDING PERMIT, an independent Geology and/or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted to and approved by the City Geologist in conformance with accepted City practice. Such soils are defined by Building Code Section 2904(b). 8. PRIOR TO ISSUANCE OF A BUILDING PERMIT, an as-graded soils and geologic report(s), complete with geologic map shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. 9. PRIOR TO ISSUANCE OF A BUILDING PERMIT, an as-built geological report(s) for structures founded on bed rock and an as-built soils and compaction report for structures founded on fill and all engineered fill areas shall be submitted for review and approval by the City Geologist in conformance with accepted City practice. O. GRADING 1. PRIOR TO ISSUANCE OF GRADING PERMITS AND/OR RECORDATION OF THE FINAL MAP, whichever occurs first, written approval must be obtained from the owners of adjacent properties within the City where offsite grading for trails is proposed or may result. 2. A note shall be placed on the approved grading plan that requires the Director of Community Development's approval of rough grading prior to final clearance. The Director (or a designated staff member) shall inspect the graded sites for accuracy of pad elevations, created slope gradients, and pad size. The developer B-37 Resolution No. 2021-__ Exhibit A Page 24 of 62 or its designee shall provide certification for all grading related matters. 3. All of the recommendations made by the Director of Public Works and City Geologist during their on-going review of the project shall be incorporated into the approved grading plans. 4. Foundations and floor slabs cast on expansive soils shall be designed in accordance with Los Angeles County Code Section 2907-i. 5. All grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls, and Chapter 70, "Excavation and Grading" of the Uniform Building Code. 6. Unless otherwise provided in these conditions of approval or permitted by the Director of Community Development, the project shall comply with all appropriate provisions of the City's grading ordinance (Chapter 17.76.040 (formally 17.50)). 7. All grading shall be balanced on-site. However, should earth, rock or other material be required to be hauled from the project site, a revision to the grading permit, pursuant to requirements of the Development Code, shall be obtained. 8. No construction of permanent structures shall be allowed closer than 25’ landward of the Coastal Setback Zone (except for structures associated with public amenities or unless allowed by another project condition of approval). Grading within the Coastal Setback Zone shall be limited to that required for construction of approved trails, parks, vista points, driving range, and golf course holes, as indicated on the approved site plans. 9. Where feasible, and subject to the review and approval of the Director of Community Development all graded slopes shall be "landform" graded so as to closely reflect naturally occurring topographic contours. Slope gradients shall be natural and no abrupt changes between natural and graded slopes shall be permitted. 10. All proposed retaining walls to be constructed shall be subject to review by the Director of Community Development with subsequent review by the Planning Commission, if required, for review and approval pursuant to Chapter 17.76.040 (formally 17.50) of the Rancho Palos Verdes Development Code. 11. No created slopes within the tract shall exceed 2.1, unless approved by the Director of Community Development. 12. All retaining walls are subject to review and approval by the Director of Community Development, PRIOR TO THE ISSUANCE OF GRADING PERMITS. Unless otherwise provided, retaining walls shall conform to the criteria established in B-38 Resolution No. 2021-__ Exhibit A Page 25 of 62 Section 17.50 of the Rancho Palos Verdes Development Code. P. LANDSCAPING 1. PRIOR TO ISSUANCE OF GRADING PERMITS, the developer shall submit a preliminary landscape plan to the Director of Community Development for review and approval of the clubhouse, golf course and appurtenant structures, driving range, parking lots, and all open space areas within the boundaries of the parcel maps and/or tract maps, roadway medians and public trails which shall include the following: a. A minimum of eighty percent (80%) drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected and so that solar access to all dwelling units is protected. c. All trees selected shall be of a species which reasonably could be maintained at 16’. Said trees shall be maintained not to exceed 16’ in height. d. The re-seeding and re-establishment of natural plant species for all of the disturbed common open space areas. Said plan shall include site specific and non-invasive species, and shall be reviewed and commented on by the project biologist and interested parties, and shall be subject to the approval of the Director of Community Development. e. Landscaping and irrigation plans for all rough graded surfaces which have been scarified through grading operations. f. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.48.070 (formally 17.42.060)), as identified in the Development Code. 2. PRIOR TO RECORDATION OF THE FINAL MAP OR INSTALLATION OF THE PERMANENT LANDSCAPING, WHICHEVER COMES FIRST , the developer shall submit a final landscape and irrigation plan to the Director of Community Development for review and approval of the clubhouse, golf course, appurtenant structures, driving range, parking lots, all common open space areas within the boundaries of the Vesting Tentative Tracts, roadway medians and public trails. The final landscape and irrigation plan shall conform to the California State Model Water Efficient Landscape Ordinance (per State Assembly Bill 325) and shall include the following: B-39 Resolution No. 2021-__ Exhibit A Page 26 of 62 a. A minimum of eighty percent (80%) drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right-of-way are not affected and so that solar access to all dwelling units is protected. c. All trees selected shall be of a species which reasonably could be maintained at 16’. Said trees shall be maintained not to exceed 16’ in height. d. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.48.070 (formally 17.42.060)), as identified in the Development Code. e. Irrigation systems shall utilize drip and bubbler systems wherever possible. Controlled spray systems may be used where drip or bubbler systems are not appropriate. All sprinkler heads shall be adjusted to avoid over-spray. f. All high water use areas shall be irrigated separately from drought tolerant areas. g. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. h. Where practical, transitional landscaping on graded slopes shall screen the project's night lighting as seen from surrounding areas. 3. With the exception of irrigation lines that have been reviewed and approved by the City Geologist for installation and operation, PRIOR TO INSTALLATION OF ANY ADDITIONAL IRRIGATION LINES ON ANY PORTION OF THE PROPERTY, the City Council shall have approved the Ocean Trails Water Control Plan to ensure that the installation and operation of said irrigation lines will not contribute water to any known landslide area, cause any significant erosion or other potentially hazardous conditions. 4. All proposed irrigation within the project, which includes, but is not limited to, all irrigation for the golf course, driving range, parks, open space lots and private residential lots, shall be subject to the standards of the Ocean Trails Water Control Plan as reviewed and approved by the City Council, and other than the golf course and driving range, shall be consistent with City of Rancho Palos Verdes Municipal Code Section No. 15.34, "Water Conservation in Landscaping". With the exception of private residential lots which have been sold to an individual purchaser, the developer or any subsequent owner of the B-40 Resolution No. 2021-__ Exhibit A Page 27 of 62 golf course parcels (hereinafter "developer''} shall be responsible for submitting an audit report every 60 days for review and approval by the Director of Community Development, which details the project's compliance with the Ocean Trails Water Control Plan and consistency, where applicable , with Municipal Code Section No.15.34 . If it is determined by the Director of Community Development, that any irrigation is not in compliance with either the Ocean Trails Water Control Plan or Municipal Code Section 15.34, or is causing any impacts to the project site, the developer shall be required to halt all irrigation in the subject area until any such problem has been remedied to the satisfaction of the Director of Community Development. 5. PRIOR TO THE INSTALLATION OF LANDSCAPING ON THE GOLF COURSE, the developer shall submit a green waste management and recycling program for review and approval by the Directors of Planning, Building and Code Enforcement and Public Works. 6. PRIOR TO THE ISSUANCE OF GRADING PERMITS, all golf course signage, including trail signage, shall be subject to a sign permit and subsequent review and approval by the Director of Community Development, as part of the landscape plan required in Condition P.1. 7. With the exception to ficus trees planted on developed single-family residential properties through the approval of a landscape plan, all other ficus trees being temporarily stored on the property shall be removed from the property PRIOR TO JULY 22, 2008. Q. LIGHTING 1. Exterior lighting for the clubhouse, maintenance facility and affordable housing complex shall be limited to the Standards of Section 17.56 (formally 17.54.030) of the Development Code. 2. PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY OF THE STRUCTURES REFERENCED IN CONDITION NO. Q.1, a lighting plan shall be submitted to the Director of Community Development for review and approval and there shall be no direct off-site illumination from any light source. 3. Parking and security lighting shall be kept to minimum safety standards and shall conform to all applicable City requirements. Fixtures shall be shielded to prevent lighting from illuminating on or towards other properties; there shall be no spill- over onto residential properties. A trial period of 6 months from issuance of certificate of occupancy for assessment of exterior lighting impacts shall be instituted. At the end of the 6 month period, the City may require additional screening or reduction in intensity of any light which has been determined to be B-41 Resolution No. 2021-__ Exhibit A Page 28 of 62 excessively bright. 4. No golf course or driving range lighting shall be allowed. R. MAINTENANCE FACILITY 1. The golf course maintenance facility shall be located near the southeast intersection of Palos Verdes Drive South and Paseo Del Mar and the affordable housing complex, provided that mechanical methods including, but not limited to de-watering wells, are utilized to ensure a minimum factor of safety of 1.5 for the maintenance structure. Additionally, no portion of the golf course maintenance structure shall be located in areas currently zoned Open Space Hazard (OH). If the developer is unable to provide for a minimum factor of safety of 1.5 using mechanical methods, or if the location of the golf course maintenance facility is modified for any other reason, the developer shall submit an application for a revision to this Conditional Use Permit, for review and approval by the Planning Commission and City Council PRIOR TO RECORDATION OF ANY FINAL MAP, OR ISSUANCE OF THE GRADING PERMIT, WHICHEVER OCCURS FIRST. 2. The size, height, design and placement of the golf course maintenance facility shall substantially conform to the plans reviewed by the Planning Commission, which are entitled "Ocean Trails at Palos Verdes" prepared by HRMA Inc., dated as received by the City on July 13, 1998. PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE FACILITY, the final design of the maintenance facility shall be submitted for review and approval by the Director of Community Development for conformance with the plans approved by the Planning Commission on July 14, 1998. The Maintenance Facility, including the 75-space overflow parking lot and 25-space employee parking lot shall be completed and a final certificate of use and occupancy shall be obtained PRIOR TO THE OPENING OF THE 18-HOLE GOLF COURSE. 3. The maximum ridge height of the maintenance facility shall not exceed a height of 24’ over the equipment storage area and 26’ over the repair shops and offices. Ridge height certification is required at building framing inspection. 4. The golf course maintenance facility shall be enclosed by a maximum 6’ high, decorative block wall. The final location of the wall shall be subject to the review and approval of the Director of Community Development, PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THE FACILITY. S. MECHANICAL EQUIPMENT 1. No roof mounted mechanical equipment, vents, or ducts, shall be permitted. All B-42 Resolution No. 2021-__ Exhibit A Page 29 of 62 other mechanical equipment shall be screened and/or covered as necessary to reduce their visibility from public rights-of-way or adjacent properties. Any necessary screening and covering shall be architecturally harmonious with the materials and colors of the buildings. Use of satellite dish antennae shall be subject to the conditions and requirements of Sections 17.41.140 through 17.41.21O of the Rancho Palos Verdes Development Code. 2. Mechanical equipment shall be housed in enclosures designed to attenuate noise to a level of 45 dBA at the property lines. Mechanical equipment for food service shall incorporate filtration systems to eliminate exhaust odors. T. MITIGATION MONITORING PROGRAM 1. The development shall comply with all mitigation measures of Environmental Impact Report No. 36, Supplements thereto, and project certified Mitigated Negative Declarations and the related Mitigation Monitoring Program. Where more restrictive language appears in these conditions of approval, the more restrictive language shall control. 2. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the developer, and/or any successors in interest. U. OPERATION OF THE GOLF COURSE AND DRIVING RANGE 1. Approval of this Conditional Use Permit is contingent upon the concurrent and continuous operation of the primary components of the project, which are the golf course, driving range and clubhouse. If either use is discontinued, this Conditional Use Permit will be null and void. If the landowner or the landowner's successor in interest seeks to change the uses which have been designated, the landowner must file an application for a major modification of the Conditional Use Permit with the City. At that time, the Planning Commission may impose such conditions as it deems necessary upon the proposed use and may consider all issues relevant to the proposed change of use, including, but not limited to, whether the entire Conditional Use Permit should be revoked. 2. The hours of operation of the clubhouse may be limited by the City Council based on the determination that excessive sound is audible from surrounding residential properties. 3. Deliveries utilizing vehicles over 40’ 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. 4. PRIOR TO THE OPENING OF THE GOLF COURSE AND/OR DRIVING RANGE, B-43 Resolution No. 2021-__ Exhibit A Page 30 of 62 the use of gardening equipment shall be controlled by a Golf Course Maintenance Plan which is subject to review and approval by the Director of Community Development, based on an analysis of equipment noise levels and potential impacts to neighboring residents. The Plan shall be submitted for formal review by the Director of Community Development within 3 months after the first day that the golf course and/or driving range opens for play and annually thereafter for the life of the golf course and/or driving range. At the 3-month review and at each subsequent annual 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. Further, if the City receives any justified noise complaints that are caused by the maintenance of the golf course and/or driving range, as verified by the Director of Community Development, upon receipt of notice from the City, the owner(s) of the golf course shall respond to said verified complaint by notifying the City and implementing corrective measures within 24 hours from time of said notice. The Director's decision on any matter concerning the golf course/driving range maintenance may be appealed to the City Council. This condition shall apply to all golf course owners, present and future. Any violations of this condition may result in revocation of this Conditional Use Permit and subsequent cease of golf course/driving range play. 5. No on-site repair or delivery of equipment and/or materials shall be permitted before 7:00 a.m. or after 4:00 p.m., except for repair of golf course equipment within enclosed structure. 6. The operator of the golf facilities shall participate in the City's recycling program. 7. The City hereby reserves the right to increase the golf tax established by Ordinance No. 291 on the golf course use to which the developer and any successors in interest to the developer and any owner(s) and/or operator(s) of the golf course shall not object. Written notice of this condition shall be provided to any purchaser(s) prior to the close of escrow and/or operator(s) of the golf course prior to the execution of any lease or contract agreement to operate the golf course. 8. Any future heliport shall be subject to a new and separate Conditional Use Permit. No heliport is permitted with this approval. 9. The golf course and driving range shall be used during daylight hours (dawn to dusk) only. There shall be no lighting of the driving range or golf course. 10. If it is determined by the Director of Community Development, that use of the B-44 Resolution No. 2021-__ Exhibit A Page 31 of 62 driving range is causing significant hazardous impacts to public safety resulting from stray golf balls causing injury to persons or property, upon notice by the Director, the owner shall change the type of golf ball being utilized for the driving range from a "regulation" golf ball to a "low-impact" golf ball. If the use of "low- impact" golf balls does not prove successful in resolving the hazardous impacts, according to the Director of Community Development, then the Applicant shall meet the requirements of Mitigation Measure H-4. 11. Through a public hearing, the City Council shall conduct a review of the driving range and its operations in one year after a Certificate of Use and Occupancy has been issued for the driving range. 12. The driving range and all practice putting greens shall be available for use by the general public at all times that the golf course is open to the general public, provided that users of the driving range and practice putting greens are dressed in the same attire that is required to play a round of golf on the golf course. Such attire shall be as follows: a. Men must have collared shirt (Turtle Neck and Mock Turtle Neck acceptable), shorts permissible but need to be Bermuda length; shorts and or trousers may not be of denim materials (No Levis). Golf shoes recommended but tennis shoes or any other type of sneaker may be worn - no soccer cleats, baseball cleats or track cleats/shoes permitted. Trump National Golf Club is a soft spike facility - hard spiked golf shoes are prohibited. b. Women's shirts and blouses must conform to the following; sleeveless tops must have a collar, sleeved tops need not have a collar. Shorts, Skirts and Skorts are permitted but need to be Bermuda length; Shorts, Skirts, Skorts and or Pants may not be of denim materials (No Levis). Golf shoes recommended but tennis shoes or any other type of sneaker may be worn - no soccer cleats, baseball cleats or track cleats/shoes permitted. Trump National Golf Club is a soft spike facility - hard spiked golf shoes are prohibited. 13. Further, the Applicant shall be permitted to manage the use of the driving range and putting greens so that those users who have paid greens fees to play on the golf course will have priority over those who have not paid greens fees. If space is available, those that have not paid greens fees shall be limited to a maximum of two hours of practice on the putting green per day. V. PARK AND OPEN SPACE DEDICATION AND MAINTENANCE 1. PRIOR TO RECORDATION OF THE FINAL MAP, the developer shall pay to the B-45 Resolution No. 2021-__ Exhibit A Page 32 of 62 City of Rancho Palos Verdes, dedicate land, or a combination thereof to satisfy requirements of the Quimby Act. The land value used to calculate the fee shall be determined through a MAI appraisal prepared and provided to the City within 60 days of City approval of the project. 2. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map Lots A, E, F, G, H, I and K, as public open space. Lot A (West Vista Park) shall be a minimum of 1.5 acres in size. Lot E (West Bluff Preserve) shall be a minimum of 7 acres in size. Lot F (Halfway Point Preserve) shall be a minimum of 3.3 acres in size. Lot G (Coastal Bluff Dedication) shall be a minimum of 24.4 acres in size. Lot H (Halfway Point Park) shall be a minimum of 5.1 acres in size. Lot I(Bluff Top Wildlife Corridor) shall be a minimum of 1.0 acre in size. Lot K (Bluff Top Public Access Corridor) shall be a minimum of 8.9 acres in size. 3. PRIOR TO RECORDATION OF THE FINAL MAP, the boundary line between Lot A (West Vista Park) and Lot No. 12 shall be modified such that the boundary line is located at the toe of the slope adjacent to the north and east side of the building pad of Lot No. 12. 4. PRIOR TO ISSUANCE OF GRADING PERMITS OR RECORDATION OF ANY FINAL MAP, whichever occurs first, the landowner shall record a restrictive covenant in favor of the City in a form and on terms acceptable to the City, requiring all land within the golf course and driving range, including any permanent structures, for golf course, driving range and related recreational uses to be open to the public. Furthermore, the deed restriction shall specify that conversion of any portion of the approved facilities to a private or member-only use or the implementation of any program to allow extended or exclusive use or occupancy of the facilities by an individual or limited group or segment of the public is specifically precluded by this permit and would require an amendment to this permit or a new permit in order to be effective. W. PARKING 1. PRIOR TO THE ISSUANCE OF ANY GRADING PERMIT for the golf course or driving range, the developer shall submit a final parking plan reflecting the parking design for the approved project, including calculations for the number of parking spaces required for the golf course, driving range, clubhouse and ancillary uses, and any on-site dining facilities. The parking plan shall be subject to review and approval by the Director of Community Development. Requests for extensions may be granted by the Director of Community Development for up to one hundred eighty (180) days. 2. As part of the final parking plan required in Condition W.1., a minimum of 150 B-46 Resolution No. 2021-__ Exhibit A Page 33 of 62 parking spaces and 14 valet parking spaces shall be constructed in a lot on the west side of the clubhouse, as designated in the parking plan, for golf course, driving range, clubhouse and public use. A minimum of 45 parking spaces shall be constructed in a lot on the east side of the clubhouse, as designated in the parking plan, for public use only during daylight hours and clubhouse use after dusk. A minimum of 118 overflow parking spaces, 17 valet overflow parking spaces, and a minimum of 25 employee parking spaces shall be constructed in a lot adjacent to the golf course maintenance facility, as designated in the parking plan, for golf course, driving range, clubhouse and public use. 3. All parking areas shall be designed to mitigate or eliminate non-aesthetic noise and views which may impact surrounding single family and multi-family residences, subject to the review and approval of the Director of Community Development, PRIOR TO THE ISSUANCE OF THE GRADING PERMIT. X. PERMIT EXPIRATION AND COMPLETION DEADLINE 1. Pursuant to Development Code Section 17.86.070, this permit shall expire within 24 months from the date that the Coastal Permit associated with this Conditional Use Permit is approved by the last responsible agency, unless a grading permits for the golf course, and building permits for the clubhouse structure and the lots within each Vesting Tentative Tract Map have been applied fo r and are being diligently pursued. Extensions of up to 1 year each may be granted by the City Council, if requested in writing prior to expiration. 2. If finished grading and construction of the streets and utilities have not been completed and accepted within 2 years from the date of recordation of each Final Map, Conditional Use Permit No. 162 shall expire and be of no further effect, unless, prior to expiration, a written request for extension pursuant to Section 17.56.080 of the City's Development Code is filed with the Community Development Department and is granted by the City Council. Otherwise, a new Conditional Use Permit must be approved PRIOR TO FURTHER DEVELOPMENT OF THE TRACTS. 3. If rough grading for the golf course and construction to the point o f foundation inspection for the clubhouse structure has not been completed within 24 months from the date of building permit issuance, the Conditional Use Permit shall expire and be of no further effect, unless, prior to expiration, a written request for extension is filed with the Director of Community Development and is granted by the City Council. Otherwise, a new Conditional Use Permit must be approved prior to further development. Y. PUBLIC AMENITIES PLAN B-47 Resolution No. 2021-__ Exhibit A Page 34 of 62 1. PRIOR TO THE RECORDATION OF THE FINAL MAP, the developer shall submit design specifications for construction of bike lanes on Palos Verdes Drive South, and pedestrian and bicycle trails within the boundaries of the project site for review and approval by the Director of Community Development, Public Works, and Recreation and Parks, as well as the City's Recreation and Parks Committee. 2. Palos Verdes Drive South On-Street Bicycle Lanes: As part of the roadway improvements required above by Condition BB.2, the developer shall construct to Conceptual Trails Plan standards, a Class II bicycle lane on both the north and south sides of Palos Verdes Drive South, along the entire length of the tract frontage on Palos Verdes Drive South. The bicycle lanes shall connect with the bicycle lane required along the Palos Verdes Drive frontage of Vesting Tentative Tract Map No. 50667 (Cross reference California Coastal Commission, Special Condition 3.A.1). 3. Palos Verdes Drive South Off-Road Bicycle Path: As part of the roadway improvements required above by Condition BB.2, the developer shall construct to Conceptual Trails Plan standards, a Class I off-road bicycle path on the south side of Palos Verdes Drive South, along the entire length of the tract frontage. This path shall have a minimum tread width of 8’ and an easy to intermediate level of difficulty. This path shall be separated as much as possible from the roadway by a grade change and/or landscaping. This bicycle path shall connect with the bicycle path required along the Palos Verdes Drive frontage of Vesti ng Tentative Tract Map No. 50667 (Cross reference California Coastal Commission, Special Condition 3.A.2). 4. Palos Verdes Drive South Pedestrian Trail: As part of the roadway improvements required above by Condition BB.2, the developer shall construct to Conceptual Trails Plan standards, a pedestrian trail on the south side of Palos Verdes Drive South, between the roadway and the bicycle path described above in Condition Y.3, along the entire length of the tract frontage on Palos Verdes Drive South. This trail shall have a minimum tread width of 4’ and an easy to intermediate level of difficulty. This trail shall be separated as much as possible from the roadway by a grade change and/or landscaping. This pedestrian trail shall connect with the pedestrian trail required along the Palos Verdes Drive South frontage of Vesti ng Tentative Tract Map No. 50667 (Cross reference California Coastal Commission, Special Condition 3.A.3). 5. West End Bicycle Path: The developer shall construct to Conceptual Trails Plan standards an off- road bicycle path with a minimum tread width of 8’ and an easy to intermediate level of difficultly beginning at the northwest corner of the tract at Palos Verdes Drive South, running south along the short leg of Street "E", turning east along the southerly side of Street "E", and then southerly through B-48 Resolution No. 2021-__ Exhibit A Page 35 of 62 Common Open Space Lot D to the southwest corner of the driving range and then running east through Lot B, across Forrestal Canyon, to the parking lot east of the clubhouse. The portion of the path between the northwest corner and the southwest corner of the driving range shall be combined with the pedestrian trail required in Condition Y .6. The final alignment of that portion of the bicycle path located adjacent to the Portuguese Bend Club shall be at least 32’ away from the west side property line and shall be reviewed and approved by the City Council PRIOR TO THE COMMENCEMENT OF GRADING in this approved phase of the project. A barrier to prevent the use of the path by motorized vehicles shall be erected at its intersection with Street "E". This path shall cross Forrestal Canyon via a bridge constructed by the developer and dedicat ed for that purpose. The portion of this path located between the northeast corner of the West Bluff Preserve and the parking lot east of the clubhouse may be combined with the golf cart path. This path shall connect with the bicycle path required in Condi tion Y .13 (Cross reference California Coastal Commission, Special Condition 3.A.4). 6. West End Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a pedestrian trail with a minimum tread width of 4’ on the west side of the short leg of Street "E" between Palos Verdes Drive South and the northwest corner of the driving range. The trail shall then go south along side of the bicycle trail identified in Condition Y .5. The pedestrian trail and bicycle path shall have a combined tread of 8’ from the bottom of the stairs at the northwest corner of the driving range to the southwest corner of the driving range. The portion of the pedestrian trail described above shall have an easy to challenging level of difficulty. From the southwest corner of the driving range, one segment of the pedestrian trail shall continue to the Portuguese Bend Overlook and the other segment shall run east through Lot B, across Forrestal Canyon, to the parking lot east of the clubhouse. That portion of the trail between the parking lot east of the clubhouse and the Portuguese Bend Overlook shall be handicapped accessible with a minimum tread width of 5’. The Director of Public Works may allow a steeper trail on the handicapped accessible portion, if required by natural grade conditions, but may further condition the final design of the trail to maximize public safety. A handicapped accessible, covered rest stop shall be provided at the Portuguese Bend Overlook. The covered rest stop shall not be required to be constructed if the Coastal Commission and/or its staff concurs that the structure may be deleted. This trail shall cross Forrestal Canyon via a bridge constructed by the developer and dedicated for that purpose, as required in Condition Y .5. This trail shall connect with the pedestrian trails required in Condition Nos. Y .7 and Y .13. The final alignment of that portion of the pedestrian trail located adjacent to the Portuguese Bend Club shall be at least 32’ away from the west side property line and shall be reviewed and approved by the City Council PRIOR TO THE COMMENCEMENT OF GRADING in this approved phase of the project (Cross reference California Coastal Commission Special Condition 3.A.5). B-49 Resolution No. 2021-__ Exhibit A Page 36 of 62 7. Forrestal Canyon Fire Access and Pedestrian Trail and Bicycle Path : The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map, a 15’ wide fire access easement, with pedestrian and bicycle access, within Common Open Space Lots B and C, extending from the end of Street "E", parallel to the western side of Forrestal Canyon, and terminating at the off -road bicycle path and pedestrian trails required in Condition Nos. Y .7 and Y .8. Within this easement, the developer shall construct to Los Angeles County Fire Department standards, an all-weather fire access road. A break-away barrier, approved by the Fire Department, to prevent the use of the trail by unauthorized motor vehicles, but which allows pedestrian and bicycle traffic to pass through, shall be installed at the entrance to the access easement at the end of Street "E". This trail shall connect with the pedestrian trail required in Condition No. Y .6 (Cross reference California Coastal Commission, Special Condition 3.A.10). 8. Paseo Del Mar Off-Road Bicycle Path: The developer shall construct to Conceptual Trails Plan standards a Class I off -road bicycle path with a minimum tread width of 8’ and an intermediate level of difficulty beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side of Paseo Del Mar and "A" Street (Paseo Del Mar extension) within Golf Course Lot No. 38 to the parking lot on the east side of the clubhouse. This path shall be separated as much as possible from the roadway by a grade change and/or landscaping. This path shall connect with the bicycle paths described in Condition Y .3 and Y .15. (Cross reference California Coastal Commission, Special Condition 3.A.8) 9. Paseo Del Mar Pedestrian Trail: As part of the roadway improvements required by Condition BB-1, the developer shall construct to Conceptual Trails Plan standards, a 4’ wide pedestrian trail with an intermediate level of difficultly, beginning at the southeast intersection of Palos Verdes Drive South and Paseo Del Mar, along the east side on Paseo Del Mar and "A" Street (Paseo Del Mar extension) to the small (45 space) public parking lot east of the clubhouse. This trail shall be separated as much as possible from the roadway by a grade change and/or landscaping. This trail shall connect with the trails described in Condition Y .4, Y .6 and Y .15 (Cross reference California Coastal Commission, Special Condition 3.A.9). 10. West Bluff Preserve Bluff Top Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft-footed pedestrian trail with a minimum tread width of 2’ and an easy to intermediate level of difficulty beginning at the terminus of the pedestrian trail required in Condition Y .6 (at the Portuguese Overlook), through West Bluff Preserve (Lot E) along the upper bluff top to the eastern boundary of Lot E and connecting with the pedestrian trail required in Condition Y .11 (Cross Reference California Coastal Commission, Special Condition 3.A.15). B-50 Resolution No. 2021-__ Exhibit A Page 37 of 62 11. West Bluff Preserve Lateral Access Pedestrian Trail: The developer construct to Conceptual Trails Plan standards a pedestrian trail with a maximum tread width of 2’ and an easy to intermediate level of difficulty beginning from the pedestrian trail required in Condition Y .6, within Golf Course Lot 38 and, parallel to the eastern boundary of West Bluff Preserve (Lot E), to the bluff top and connecting to the pedestrian trail required in Condition Y .10. This trail may be combined with the golf cart path (Cross reference California Coastal Commission, Special Condition No. 3.A.14). 12. La Rotonda Parking Lot Combined Bicvcle Path and Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a combined bicycle path and pedestrian trail with a minimum tread width of 8’ and an easy to intermediate level of difficulty beginning at the west end of the La Rotonda Parking Lot, south through School District property and Golf Course Lot No. 38 to the Bluff Top Activity Corridor. This combined path/trail shall connect with the combined off-road bicycle path and pedestrian trail required in Condition Y .15. 13. Halfway Point Park Pedestrian Loop Trail: The developer shall construct to Conceptual Trails Plan standards a combined pedestrian and handicapped accessible trail with a minimum tread width of 5’ and an easy level of difficulty beginning at the small (45 space) parking lot east of the clubhouse, then running around the entire boundary of Half Way Point Park (Lot H) to the large (150 space) parking lot on the west side of the clubhouse. The Director of Community Development may allow a steeper trail in some areas if required by natural grade conditions. This trail shall connect with the pedestrian trails required in Conditions Nos. Y .14 and Y .15, and the combined pedestrian and handicapped accessible trail required in Condition Y .6. (Cross Reference California Coastal Commission, Special Condition 3.A.16) 14. Sewer Easement Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a pedestrian trail with a minimum tread width of 4’ and an easy to intermediate level of difficulty beginning at the eastern boundary of Half Way Point Park (Lot H), east along the upper edge of "Slide Scarp C" (north of Golf Hole No. 18) to the bluff edge generally in the center of Golf Course Lot No. 38. The upper portion of the trail (north of Golf Course Hole No. 18) may be used by golf carts and maintenance vehicles, and the tread width may be increased accordingly. This trail shall connect to the pedestrian trails required in Conditions Y .13 and Y .15 (Cross reference portions of California Coastal Commission, Special Condition 3.A.13). 15. Bluff Top Activity Corridor Combined Bicycle Path and Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards an off-road B-51 Resolution No. 2021-__ Exhibit A Page 38 of 62 bicycle path and pedestrian trail with a minimum tread width of 8’ and an easy to intermediate level of difficulty beginning from the eastern boundary of Half Way Point Park (Lot H), running parallel to the bluff top through the Bluff Top Public Access Corridor (Lot K) to the eastern tract boundary at La Rotonda Canyon. This combined path/trail shall connect to the combined off-road bicycle path and pedestrian trails on the west side of La Rotonda Canyon required in Condition No. Y .12. (Cross California Coastal Commission, Special Condition 3.A.12) 16. Bluff Top Activity Corridor Pedestrian Trail: The developer shall construct to Conceptual Trails Plan standards a soft-footed pedestrian trail with a minimum tread width of 2’ and an easy to intermediate level of difficulty beginning from the eastern boundary of Half Way Point Park (Lot H), along the bluff top through the Bluff Top Public Access Corridor (Lot K) to the eastern tract boundary at La Rotonda Canyon. This trail shall connect to the pedestrian and handicapped trail required in Condition No. Y .13 and the bluff top pedestrian trail located in Vesting Tentative Tract No. 50667 via a bridge across La Rotonda Canyon, constructed by the developer and dedicated for that purpose (Cross Reference California Coastal Commission, Special Condition 3.A.11). 17. Halfway Point Park Beach Access Pedestrian Trail: The developer shall construct to Conceptual Trails Plan Standards a soft-footed pedestrian trail with a minimum tread width of 4’ and an easy to challenging level of difficulty beginning at the terminus of the trail required in Condition Y .13 on the eastern boundary of Half Way Point Park (Lot H) and proceeding down the bluff face through the upper portion of Half Way Point Preserve (Lot F) and through the Bluff Dedication Area (Lot G) and terminating at the shoreline. This trail shall connect with the trail required in Condition Y .13 (Cross reference California Coastal Commission, Special Condition 3.A.7) 18. The developer shall be responsible for the construction of all public trails specified in Conditions Y .2 through Y .17. Construction of said trails shall coincide with the rough grading activity within each workable phase and shall be completed upon acceptance of all street improvements by the City. Dedication of the public trails shall occur at the time the Final Map is recorded. 19. The developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map a lateral public access easement for passive recreational use from the 25’ contour line seaward to the tract boundary. 20. Where pedestrian trails or bicycle path are located within a common open space lot which is not required to be dedicated to the City of Rancho Palos Verdes or a golf course lot, the developer shall dedicate to the City of Rancho Palos Verdes and record on the Final Map an easement for public trail B-52 Resolution No. 2021-__ Exhibit A Page 39 of 62 purposes. Bicycle path easements shall have a minimum width of 12’ and pedestrian trail easements shall have a minimum width of 6’. Where pedestrian trails and bicycle paths are parallel to each other, the required easements may be combined into a single easement as follows: 1) the minimum separation between the adjacent tread widths shall be 3’; 2) the combined easement shall be a minimum of 18’ where there is a 4’ wide pedestrian tread width and a minimum of 19’ where there is a 5’ foot pedestrian tread width (bicycle tread width is 8’ in all cases). 21. Where pedestrian trails and/or bicycle paths are combined with golf cart paths, safety measures in addition to signage shall be explored in order to minimize conflicts between pedestrian/bicyclist and golf carts. Measures that may be required by the Director of Public Works may include, but are not limited to the addition of lane striping. If safety problems arise once the pedestrian trails, bicycle paths and golf cart paths are operational, the Planning Commission may impose additional requirements, including requiring that the pedestrian trails and/or bicycle paths not be combined with golf cart paths. 22. PRIOR TO ISSUANCE OF ANY GRADING PERMIT, OR PRIOR TO RECORDATION OF ANY FINAL MAP, WHICHEVER OCCURS FIRST, the developer shall submit a detailed Public Amenities Plan, including signage, specific design standards and placement for all trails, vista points and parking facilities, and other amenities consistent with the Conceptual Trails Plan, subject to the review of the Recreation and Parks Committee, the Directors of Planning, Building and Code Enforcement, Public Works and Parks and Recreation, and approval by the City Council. The Public Amenities Plan shall be in substantial conformance with the program submitted by the developers and described in the "Ocean Trails Conceptual Public Amenities and Coastal Access Program, Rancho Palos Verdes Subregion 7", dated July 1994. 23. The developer shall be responsible for implementation and construction of all amenities detailed in the Public Amenities Plan as required per Condition Y.22 above. Construction of the public amenities shall coincide with the project grading activity and shall be completed upon certification of rough grading. 24. The existing remnant from the World War II facilities located at Halfway Point Park shall be preserved as part of the Public Amenities Plan. A plaque commemorating the facility and describing its use shall be placed at the location. 25. Dedication of the public trails and open space lots shall occur at the time any Final Map is recorded. 26. Construction of the public trails and improvements required in the Public Amenities Plan shall be the obligation of the developer. Construction shall coincide with the B-53 Resolution No. 2021-__ Exhibit A Page 40 of 62 project grading activity for each approved workable phase within each tract and shall be completed upon certification of rough grading and/or acceptance of street improvements within each tract. Dedication of the public trails shall occur at the time any Final Map is recorded. Z. RESIDENTIAL LOTS NUMBER OF RESIDENTIAL UNITS 1. In addition to the four on-site affordable housing units required in Condition B.1, no more than 23 single family residential units shall be permitted in Tract No. 50666 and no more than thirty six 36 single family residential units shall be permitted in Tract 50667. 2. PRIOR TO THE ISSUANCE OF ANY BUILDING OR GRADING PERMITS for the construction of any single-family residence within Tract No. 50667 or opening of the 18-hole golf course, whichever occurs first, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are required to be performed to address land failures or subsidence within the open space lots of Tract 50667 which are to be accepted by the City. 3. PRIOR TO THE FINAL MAP OF TRACT NO. 50666, the Developer shall enter into an agreement with the City, which is satisfactory to the City Attorney, whereby the developer assumes liability and responsibility for any repairs that are r equired to be performed to address land failures or subsidence within the open space lots of Tract 50666 which are to be accepted by the City. PROJECT DESIGN 4. PRIOR TO THE ISSUANCE OF GRADING PERMITS, a final project site plan shall be submitted to the Director of Community Development for review and approval, identifying the location of all lots, streets and other lot improvements including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on Vesting Tentative Tract Map Nos. 50666 dated as revised on July 31, 1996, "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No. 50666", dated February 2, 2005 and Vesting Tentative Tract Map No. 50667, dated as revised on June 19, 1996. 5. All single family residential development shall conform to the specific standards contained in this permit or, if not addressed herein, the RS -1 (RPO) development standards of the Development Code shall apply. B-54 Resolution No. 2021-__ Exhibit A Page 41 of 62 6. Any significant changes in the development characteristics of the Residential Planned Development, including but not limited to the number of dwelling units, street and lot configuration or modifications to the finished contours, shall require that an application for a major revision to the Conditional Use Permit be filed. The scope of the review shall be limited to the request for modification and any items reasonably related to the request, and shall be subject to approval by the City Council. Before any minor changes are made to the Residential Planned Development, the Director of Community Development shall report to the City Council a determination of significance. 7. Developers of individual properties shall participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and/or construction plans for each individual residence are submitted to the City for review. 8. No grading or construction of permanent structures on any individual lot shall be allowed closer than twenty-five (25)’ to the Coastal Setback Zone. COMMON OPEN SPACE BONDS 9. A minimum of 30% of the acreage of each residential Tract No. 50666 and No. 50667, exclusive of the golf course area, shall remain as common open space. In Tract No. 50666, the lots considered for the purpose of calculating the minimum required common open space are: a. Lot A (West Vista Park) at 1.5 acres in size; b. Lot B (Forrestal Canyon) at 5.8 acres in size; c. Lot C (Forrestal Canyon Fire Break) at 1.7 acres in size; d. Lot D (Portuguese Bend Fire Break) at a minimum of 1.0 acre in size, but up to 1.4 acres in size depending upon the approval of Lot Line Adjustment(s) between the adjacent property owners within the Portuguese Bend Club and the property owner(s) of Lot D, wherein any remaining open space left after the approval of said Lot Line Adjustments shall be retained as part of Lot D; and, e. Lot J (Palos Verdes Drive South Frontage) at 2.4 ac In Tract No. 50667, the lots considered for the purpose of calculating the minimum required common open space are: a. Lot A (La Rotonda Drive Frontage) at 0.5 acres in size; b. Lot B (Palos Verdes Drive South Frontage) at 3.1 acres in size; c. Lot C (La Rotonda Canyon) at 4.5 acres in size; d. Lot D (East Vista Park) at 1.2 acres in size; and, e. Lot H (East Bluff Preserve Fire Break) at 5.0 acres in size. B-55 Resolution No. 2021-__ Exhibit A Page 42 of 62 CC&Rs 10. PRIOR TO APPROVAL OF THE FINAL MAP, copies of Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the Director of Community Development and the City Attorney for review and approval. Said CC&R's shall reflect standards provided in Chapter 17.14 (Homeowners' Association) of the Development Code, including those items identified herein, and any applicable conditions of Vesting Tentative Tract Map Nos. 50666 and 50667. 11. All necessary legal agreements and documents, including Homeowners' Association, deed restrictions, covenants, dedication of common open space and development rights, public easements, and proposed methods of maintenance and perpetuation of all common open space, on-site drainage facilities and any other hydrological improvements shall be submitted and approved by the City Attorney and the Director of Community Development PRIOR TO APPROVAL OF EACH FINAL MAP. Said CC&R's shall include, but not be limited to, the following provisions: a. All provisions required by Section 17.14 (Homeowners' Association} of the City's Development Code. b. Membership in the Homeowners' Association shall be inseparable from ownership in the individual lots. c. The "Development Standards and Design Guidelines" for the project which identifies all materials which affect structure appearance and use restrictions, including but not limited to a rchitectural controls, structure and roof materials, exterior finishes, walls/fences, exterior lighting, and the standards of development contained in subsections M through V of this document (Grading, Development Plans for Construction of Individual Residences, Private Lot Open Space, Setbacks, Minimum Open Space Requirements of Individual Residences, Building Facades and Rooflines, Heights, Lighting, and Appliances}. A copy of the "Development Standards and Design Guidelines shall be provided by the devel oper and/or Homeowners' Association to each individual landowner upon purchase of any lot or residence. d. All future residential structures, accessory structures, improvements, and/or landscaping shall be subject to review by the Director of Community Development and/or "DRC" as described below in Condition N.1 and construction and installations of said structures and improvements shall conform to the City-approved plans. B-56 Resolution No. 2021-__ Exhibit A Page 43 of 62 e. Dedicate to the City the right to prohibit construction of residential structures on slopes greater than a 3:1 gradient. f. Exterior residential lighting shall be limited to the standards of Environmental Protection set forth in Section 17.56 (formally 17.54} of the City Development Code. g. Lot coverage, setback, height and private open space shall comply with the requirements for each residential structure as detailed in these Conditions of Approval. h. Requirements for solar installations shall conform to the Development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.48.060 (formally 17.57) of the Development Code. i. All landscaping (including parkway trees} shall be selected and maintained so that no trees or group of trees obstructs views from the public right -of- way or adjacent properties consistent with City Cou ncil policy regarding street trees. j. No landscaping or accessory structure shall block or significantly obstruct solar access to any lot. k. Disposal of cuttings of non-native invasive plant species or any ornamental plant species shall be prohibited in common and public open space areas. l. Identification of all public trail easements for pedestrian and bicycle use. The CC&R's shall also prohibit individually owned structures, accessory structures, fences, walls, hedges, landscaping or any other such obstacle within said trail easements without the written approval from the City Council of the City of Rancho Palos Verdes. m. The CC&Rs shall prohibit individual landowners from encroaching into the public right-of- way. The CC&Rs shall specify that all costs incurred to remove hardscape/landscape improvements installed by a landowner in violation of the CC&Rs within the public right-of- way shall be borne by the landowner. At the time improvement plans for an individual residence are submitted to the Homeowner's Association (as required in Condition No. Z.24 and the City of Rancho Palos Verdes (as required in Condition No. Z.18) for review, the homeowner shall sign a disclosure stating that it is understood that encroachments into the public right-of-way are prohibited and all unlawful improvements constructed within the public right-of-way shall be removed solely at the landowner's expense. This B-57 Resolution No. 2021-__ Exhibit A Page 44 of 62 requirement does not apply to mailboxes, provided that the mail boxes do not exceed the minimum requirements of the United States Postal Service. n. The requirements of Condition No. P.4 shall be incorporated into the CC&R's for Tract Nos. 50666 and 50667 subject to review and approval by the City Attorney and the Director of Community Development. 12. Within thirty (30) days following recordation of the CC&R's, the developer shall submit a recorded copy of the document to the Director of Community Development. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 13. Remedial grading, consisting of over-excavation and recompaction for geologic stability which will not alter the contours shown on the approved tract grading plan shall be subject to review and approval by the Director of Community Development. In addition, grading of up to 1,000yd³ for residential use of an individual lot shall be subject to review and approval by the Director of Community Development. Grading in excess of 1,000yd³, or grading to alter the finished pad elevations shall require approval by the Planning Commission. 14. No construction and/or grading on individual lots shall be permitted on 3:1 or greater slopes, with the exception of the following: a. Driveway improvements to a partially subterranean garage on Lot Nos. 24 and 25, a basement/patio area for Lot Nos. 24 and 25, and an entry way to Lot No. 25, provided that the retaining walls associated with these improvements are designed in a manner that includes landscape planting to mitigate the impacts of the height of the retaining walls, and an aesthetically pleasing veneer applied to the retaining walls to blend the retaining walls into the hillside. A landscape plan and wall veneer design shall be submitted for review and approval by the Director of Community Development PRIOR TO SUBMITTAL OF PLANS INTO BUILDING DIVISION PLAN CHECK. Said improvements shall be installed PRIOR TO ISSUANCE OF A CERTIFICATE OF USE AND OCCUPANCY. b. A pool/spa/patio on Lot 29, as depicted on plans prepared by Envirotechno, dated May 4, 2005, which were reviewed by the City Council at their meeting on September 20, 2005, provided that the retaining walls associated with these improvements shall be stepped in height, and shall include landscape planting areas and an aesthetically pleasing veneer to blend the retaining walls into the hillside. A B-58 Resolution No. 2021-__ Exhibit A Page 45 of 62 landscape plan and wall veneer design shall be submitted for review and approval by the Director of Community Development PRIOR TO SUBMITTAL OF PLANS INTO BUILDING DIVISION PLAN CHECK. Said improvements shall be installed PRIOR TO ISSUANCE OF A CERTIFICATE OF USE AND OCCUPANCY. c. Grading along the northerly and easterly yard areas of Lot #17 to accommodate an indirect access driveway in the easterly yard area and retaining walls/patio areas in the northerly yard area as shown on the Site Plan/Gradi ng Plan prepared by Tomaro Architecture Incorporated, as reviewed by the City Council at their May 20, 2008 meeting. These improvements may be permitted provided that the retaining walls associated with these improvements are designed in a manner that includes landscape planting to mitigate the impacts of the height of the retaining walls, and an aesthetically pleasing veneer applied to the retaining walls to blend the retaining walls into the hillside. A landscape plan and wall veneer design shall be submitted for review and approval by the Director of Community Development PRIOR TO SUBMITTAL OF PLANS INTO BUILDING DIVISION PLAN CHECK. Said improvements shall be installed PRIOR TO ISSUANCE OF A CERTIFICATE OF USE AND OCCUPANCY. d. Grading along the easterly and westerly yard areas of Lot #18 to accommodate an indirect access driveway, retaining walls and patio area in the easterly yard area and retaining walls in the westerly yard area as shown on the Site Plan/Grading Plan prepared by C.C. Partners Design Build, as reviewed by the City Council at their September 16, 2008 meeting. These improvements may be permitted provided that the retaining walls associated with these improvements are designed in a manner that includes landscape planting to mitigate the impacts of the height of the retaining walls, and an aesthetically pleasing veneer applied to the retaining walls to blend the retaining walls into the hillside. A landscape plan and wall veneer design shall be submitted for review and approval by the Director of Community Development PRIOR TO SUBMITTAL OF PLANS INTO BUILDING DIVISION PLAN CHECK. Said improvements shall be installed PRIOR TO ISSUANCE OF A CERTIFICATE OF USE AND OCCUPANCY. PRIOR TO ISSUANCE OF ANY BUILDING/GRADING PERMITS for construction of the specific items noted above, the property owner(s) shall obtain City approval and recordation of an amendment to Final Map No. 50667, adjusting said map notes to permit such specific construction over 3:1 or steeper slopes. B-59 Resolution No. 2021-__ Exhibit A Page 46 of 62 15. All retaining walls shall be subject to review and approval by the Director of Community Development with subsequent reporting to the Planning Commission, if required, for review and approval pursuant to Section 17.76.040 (formally 17.50) of the City Development Code. 16. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907-i. 17. All residential building pad elevations shall substantially conform to the final grading plan for the Final Map in which the lot is located, as approved by the Director of Community Development. Future landowners are prohibited from raising or lowering the approved building pad elevations, except for excavations to accommodate completely subterranean areas (such as basements, wine cellars and storage areas), as provided for by the Development Code. WITHIN 30 DAYS AFTER FINAL MAP APPROVAL, OR BEFORE SALE OF ANY INDIVIDUAL LOT, WHICHEVER OCCURS FIRST, the developer shall submit to the City a "Covenant to Control Building Pad Elevation" for each residential lot, according to the pad elevations specified on the approved final grading plan. All fees associated with recording said covenants shall be paid by the developer. DEVELOPMENT PLANS FOR CONSTRUCTI ON OF INDIVIDUAL RESIDENCES 18. PRIOR TO ISSUANCE OF ANY GRADING OR CONSTRUCTION PERMITS for individual lots subsequent to the completion of finished pads, final improvement plans for the particular lot and structure shall be submitted to the Director of Community Development and/or Design Review Committee ("DRC") or similar body as described below in Condition Z.22 for review and approval. Said plans shall include, but are not limited to, plot plan, section and elevation drawings, floor plan, grading and exterior lighting plan. The plot plan shall clearly show existing and proposed topography, all proposed structures, all easements and setbacks. The section and elevation drawings shall clearly indicate maximum proposed height and ridge elevation for all structures, fences, walls, accessory structures, and equipment. 19. Unless otherwise specified in these conditions of approval, all structures and development on individual lots shall comply with RS-1 (RPD) development standards. 20. All fencing along interior side and front property lines, if not otherwise addressed in Condition L, shall conform with Section 17.76.030 (formally 17.42) of the Rancho Palos Verdes Development Code. 21. Chain link or other wire fence is prohibited on any portion of any lot, except as otherwise required by project biologist for habitat protection or through Condition B-60 Resolution No. 2021-__ Exhibit A Page 47 of 62 L.3.a. 22. Developers of individual properties shall participate in any Design Review Committee ("DRC") or similar body processes in place at the City at the time development and construction plans for each individual residence are submitted. 23. Development and construction plans for each individual residence shall comply with the standards and conditions set forth in the "Development Standards and Design Guidelines" for the tract and shall be incorporated within the CC&R's for each tract and attached hereto by reference as Exhibit "B" and hereby included as a condition of approval. The final version of the "Development Standards and Design Guidelines" shall be reviewed and approved by the Director of Community Development PRIOR TO THE RECORDATION OF THE CC&RS. Requests for approval of individual residences shall be reviewed for compliance with said conditions and "Development Standards and Design Guidelines" by the Director of Community Development and/or any Design Review Committee ("DRC") in place at the time development applications for individual residences are submitted. 24. Upon submittal of proposed development and construction plans for each individual residence to the Director of Community Development as described above in Condition Z.18, individual property owners shall provide written approval of the proposed development obtained from the estab lished Homeowner's Association or any Homeowner's Association Architectural Committee. 25. Landscape planting and irrigation plans for each residential lot within Tract No. 50666 and Tract No. 50667 shall be submitted to the Director of Community Development for review and approval PRIOR TO INSTALLATION OF ANY IRRIGATION SYSTEM. Further, it shall be the responsibility of each Owner to landscape, irrigate and maintain the front and rear yard areas of their Lot in a clean and attractive condition. Each Owner shall install the front yard landscaping within 120 days of such Owner's initial occupancy of the dwelling located on the Lot. The rear yard landscaping shall be installed within 180 days of such Owner's initial occupation of the dwelling located on the Lot. 26. The developer shall be responsible for keeping the City up to date on the status of each individual lot landscape plan. This shall take the form of a table that lists all of the lots, their date of building permit issuance, date of close of escrow, and the maximum deadline to submit a landscape plan based upon building permit or close of escrow. The developer shall be responsible for submitting an updated table each time a building final is issued and at close of escrow. Landscape and irrigation plans shall be consistent with the standards of the Ocean Trails Water Control Plan. Furthermore, notwithstanding any exemption contained in Chapter 15.34, B-61 Resolution No. 2021-__ Exhibit A Page 48 of 62 any single-family lot within Tract No. 50666 or No. 50667 shall comply with Chapter 15.34 with respect to irrigation and drought tolerant plantings as determined by the Director of Community Development. PRIVATE LOT OPEN SPACE 27. Each residential lot shall provide a private outdoor living area in an amount not less than four hundred 400ft² for each bedroom in the unit. This area shall be adjacent to and provide a private, usable area for each dwelling unit. SETBACKS 28. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50666: a. The minimum front yard setback for all structures on an individual lot shall be 35’. b. The minimum street side setback on all lots shall be 20’. c. On lots with a minimum lot size less than 20,000ft² (Lot Nos. 14 through 23), the minimum interior side yard setback shall be ten 10’ on one side, w ith a minimum total of 30’ on both sides. d. On lots with a minimum lot size between 20,000ft² and 24,999ft² (Lots Nos. 1, 2, 6, and 13), the minimum interior side yard setback shall be 15’ on one side, with a minimum total of 35’ on both sides. e. On lots with a minimum lot size of 25,000ft² or greater (Lot Nos. 3 through 5, and 7 through 12), the minimum interior side yard setback shall be 15’ on one side, with a minimum total of 40’ on both sides. f. The minimum rear yard setback for all structures on an individual lot shall be 35’, with the exception of Lot #22, which may have a rear yard setback of 30’. 29. The following setbacks shall apply for all structures located in Vesting Tentative Tract 50667: a. Except for Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be 35’. On Lot Nos. 7 through 16, and 18 through 23, the minimum front yard setback for all structures on an individual lot shall be 25’. B-62 Resolution No. 2021-__ Exhibit A Page 49 of 62 b. The minimum street side setback on all lots shall be 20’. c. On lots with a minimum lot size less than 20,000ft² (Lot Nos. 2 -16, 18, 19, 22, 23, 29, 30, 33, 34 and 36), the minimum interior side yard setback shall be 10’ on one side, with a minimum total of 30’ on both sides. d. On lots with a minimum lot size between 20,000ft² and 24,999ft² (Lot Nos. 20, 21, 24, 26-28, 31, 32 and 35), the minimum interior side yard setback shall be 15’ on one side, with a minimum total of 35’ on both sides. e. On lots with a minimum lot size of 25,000ft² (Lot Nos. 1, 17 and 25), the minimum interior side yard setback shall be 15’ on one side, with a minimum total of 40’ on both sides. f. Except for Lot Nos. 7 through 16, 18, 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be 35’. On Lot Nos. 11 through 16, 18, 19, 23, 35 and 36, the minimum rear yard setback for all structures on an individual lot shall be 25’. On Lot Nos. 6, 7 and 8 the minimum fuel modification zone/rear yard setback for all structures on an individual lot shall be 50’. However, the fuel modification zone/rear yard setback on Lot Nos. 6, 7 and 8 may be reduced at the time that individual residences are proposed on these lots, provided that alternative fire suppression systems and/or building techniques are incorporated into the design of the residence, such as water sprinkler systems, fire walls, fire retardant materials, etc., to the satisfaction of the Los Angeles County Fire Department and City Building Official. If the fuel modification zone setback is reduced through this subsequent approval, the rear yard setback on Lot Nos. 6, 7 and 8 shall not be less than 25’. On Lot Nos. 9 and 10, the minimum rear yard setback shall be the foundation setback line shown on the approved final Phase I Grading Plan. 30. Any other architectural features or appurtenances shall conform to Section 17.48.030 (E) (formally 17.40.030 (E) of the Rancho Palos Verdes Development Code. 31. Except for driveways, walkways and parking areas, all of the required front and street-side setback areas shall be landscaped. Driveways, walkways, and parking areas shall not cover more than 50% of the required front or street side setback areas. "Turf-block" or landscaped areas that are designed to be driven or parked over (such as grass strips between paved strips) shall be counted as a driveway or parking area for the purpose of calculating landscaping in the front or street side setback area. 32. Except as described below in Condition P.6, no minor or accessory structures, B-63 Resolution No. 2021-__ Exhibit A Page 50 of 62 including but not limited to pool equipment and trash enclosures, shall be permitted within any required setback area. 33. Trash enclosures and other minor equipment may be permitted within any interior side yard setback area adjacent to the structure, subject to review and approval of a Minor Exception Permit. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES 34. The minimum open space requirement for all lots shall not be less than 60% of the lot. Lot coverage shall include the building footprint, driveway and parking area, covered patios, covered walkways, and other accessory structure. 35. The following limitations apply to Maximum Habitable Area of each lot within Tract No. 50667: 1 22,123 6,637 863 7,500 2 15,197 4,559 1,441 6,000 3 15,988 4796 1,204 6,000 4 14,012 4,204 1,797 6,000 5 12,644 3,793 2,207 6,000 6 18,757 5,627 373 6,000 7 15,413 4,624 1,376 6,000 8 16,874 5,062 938 6,000 9 22,128 6,638 862 7,500 10 22,981 6,894 606 7,500 11 13,256 3,977 2,023 6,000 12 12,489 3,747 2,253 6,000 13 13,975 4,192 1,808 6,000 14 17,897 5,369 0 5,369 15 18,603 5,581 0 5,581 16 24,389 7,317 0 7,317 17 36,058 10,000 0 10,000 18 25,405 7,622 0 7,622 19 22,726 6,818 0 6,818 20 23,584 7,075 0 7,075 21 23,765 7,130 0 7,130 22 19,771 5,931 0 5,931 23 18,829 5,649 0 5,649 24 29,654 8,896 1,104 10,000 25 30,730 9,219 781 10,000 B-64 Resolution No. 2021-__ Exhibit A Page 51 of 62 26 21,875 6,562 938 7,500 27 23,777 7,133 367 7,500 28 21,149 6,345 1,155 7,500 29 19,010 5,703 297 6,000 30 19,443 5,833 0 5,833 31 20,318 6,095 0 6,095 32 21,646 6,494 0 6,494 33 17,533 5,260 0 5,260 34 18,872 5,662 0 5,662 35 16,594 4,978 0 4,978 36 19,705 5,912 0 5,912 NOTES: a. Lot areas are based on the depiction shown on recorded Final Map No. 50667. Any changes to the lot areas noted above, shall require a Revision to CUP No. 162 to modify the table above. b. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non-habitable basements per the Building Code. c. No structure on any residential lot(s) shall exceed a maximum of 10,000ft². d. All subterranean basement areas shall be within the boundaries of the building footprint above. e. There shall be no changes to the approved pad elevations as a result of the construction of basements. 36. The following limitations apply to Maximum Habitable Area of each lot within Tract No. 50666: a. Total Maximum Habitable Area of each structure shall not exceed 30% of the Lot Area as depicted on the final recorded map of Tract No. 50666. b. Total Maximum Habitable Area includes the living area of all structures, and does not include garage, access, driveways, hardscape, and non- habitable basements per the Building Code. c. No structure on any residential lot(s) shall exceed a maximum of 10,000ft². d. All subterranean basement areas shall be within the boundaries of the building footprint above. B-65 Resolution No. 2021-__ Exhibit A Page 52 of 62 e. There shall be no changes to the approved pad elevations as a result of the installation of basements. 37. Requests to modify the permitted habitable square footage per lot size category are subject to a Revision to Conditional Use Permit No. 162. BUILDING FACADES AND ROOFLINES 38. The upper level of all two story residences shall be a minimum of 20% smaller than the footprint of the structure. On the rear and front facades of two story residences, and on the rear facade of all split level lots, a maximum 30% of the second story width shall be permitted to be constructed directly above the first story below. A minimum 70% of the second story width shall be broken up by using either of the following two methods: a. A minimum 6' wide second story setback from the first story facade. The setback area would be used as an uncovered deck or roof. b. A minimum 6' wide uncovered balcony attached to and extending from the second story facade. 39. The roof of the main structure on each residence shall have a pitch of at least 2 in 12, except where it is necessary to have small areas with less pitch in order to comply with Building Code criteria. 40. On Lot Nos. 13 through 23 within Vesting Tentative Tract No. 50666, the main ridge of the structure shall be parallel to the side property line and generally perpendicular to Palos Verdes Drive South. 41. On Lot Nos. 24, 25, 35 and 36 within Vesting Tentative Tract No. 50667, the main ridge of the structure shall be perpendicular to Palos Verdes Drive South. 42. Roofing materials shall be Class A and non-combustible. HEIGHTS 43. For the purposes of identifying lot types and approved heights for all primary structures within Vesting Tentative Tract map No. 50666, Lot 1, and Lot Nos. 9 through 13, are designated as Lot Type A. Lot Nos. 2 through 8 are designated Lot Type C. Lot Nos. 14 through 23 are designated as Lot Type D. 44. For purposes of identifying approved heights for all primary structures within Vesting Tentative Tract Map No. 50667, Lot Nos. 4 through 8 and 12 through 13 are designated as Lot Type A. Lot Nos. 1 and 3 are designated Lot Type B. B-66 Resolution No. 2021-__ Exhibit A Page 53 of 62 Lot Nos. 14 through 17 and 30 through 36 are designated Lot Type C. Lot Nos. 18 through 21 are designated Lot Type D. Lot Nos. 22 and 23 are designated Lot Type E. Lot No. 2 is designated Lot Type F. Lot Nos. 9, 11, 24 and 25 are designated Lot Type G. Lot Nos. 26 through 29 are designated as Lot Type H. Lot No. 10 is designated as Lot Type I. 45. Building heights for all residential structures are limited as follows: a. Lot Type A: 16’ b. Lot Type B: 15’ c. Lot Type C: 26’ d. Lot Type D: 16’ from upper pad, and 26’ from lower pad e. Lot Type E: 21’ from upper pad, and 26’ from lower pad f. Lot Type F: 15’ from pad of the one-story structure, and 25.3' from the entry to a subterranean garage provided that the ridge height does not exceed 15' from the pad of the one-story structure. g. Lot Type G: 16’ from pad of the one-story structure, and 26' from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16' from the pad of the one-story structure. h. Lot Type H: 26’ from pad of the two-story structure, and 36’ from the exterior grade of the basement patio area, provided that the patio area is located in the side yard and that the ridge height does not exceed 26' from the pad of the two- story structure. i. Lot Type I: 16’ from pad of the one-story structure, and 27' from the entry to a subterranean garage and exterior basement patio areas, provided that the ridge height does not exceed 16' from the pad of the one-story structure. 46. All heights shall be measured pursuant to Section 17.02.040 of the Development Code (View Preservation and Restoration Ordinance). 47. The height of all accessory structures shall conform to Section 17.48.050(D) (formally 17.40.050(C)) of the Rancho Palos Verdes Development Code. 48. The subsequent submittal of a Conditional Use Permit Revision to increase the maximum building heights to exceed those specified in Condition S.3 above shall be prohibited. Within 30 days after Final Map approval, or before sale of any individual lot, whichever occurs first, the developer shall submit to the City a "Covenant to Limit Maximum Building Height" for each residential lot, according to the height limits specified in Condition S.3. All fees associated with recording said covenants shall be paid by the developer. SOLAR SYSTEM 49. All dwelling units shall be designed and constructed so that the plumbing and B-67 Resolution No. 2021-__ Exhibit A Page 54 of 62 circulation system will allow utilization of solar energy as part of the hybrid system for providing hot water. Solar panels shall not exceed the ridge line of the structure on which they are placed. 50. All proposed solar installation shall be reviewed by the Director of Community Development for consistency with the provisions of the Development Code. LIGHTING 51. Exterior residential lighting shall be limited to the standards of Section 17.56.030 (formally 17.51.030) of the Development Code. 52. A typical residential unit lighting plan shall be submitted to the Director of Community Development for review and approval PRIOR TO ISSUANCE OF BUILDING PERMITS, and there shall be no direct off-site illumination from any light source. APPLIANCES 53. All units shall be required to install and maintain in proper working order an electronic garage door opener for each garage door. 54. All units shall be required to install and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads. AA. SEWERS 1. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division. 2. If, because of future grading, or for other reasons, it is found that the requirements of the Plumbing Code cannot be met on certain lots, no building permit will be issued for the construction of homes on such lots. 3. Sewer easements are tentatively required, subject to review by the Director of Public Works to determine the final locations and requirements, PRIOR TO THE RECORDATION OF THE FINAL MAP. 4. PRIOR TO COMMENCEMENT OF CONSTRUCTION OF THE SEWER SYSTEM in each approved phase of the project, the developer shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division. B-68 Resolution No. 2021-__ Exhibit A Page 55 of 62 5. PRIOR TO APPROVAL OF THE FINAL MAP, the developer shall submit to the Director of Community Development a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and shall state that the County is willing to maintain all connections to said trunk lines. BB. STREETS 1. The proposed on-site streets shall be dedicated for public use on the Final Map and designed to the satisfaction of the Director of Public Works. PRIOR TO RECORDATION OF THE FINAL MAP, the developer shall submit design specifications for the on-site streets to the Director of Public Works for approval, pursuant to the following specifications: a. Paseo Del Mar (between Palos Verdes Drive South and "B" Street) shall be a minimum of 55’ in width, measured from flow line to flow line, including a 10’ wide median. Parkway widths shall be a minimum of 8’ on each side. The total right-of-way width shall be 71’. The Final Map shall reflect these standards. b. "A" Street (Paseo Del Mar extension) shall be a minimum of 36’ in width, measured from flow line to flow line. Parkway widths shall be a minimum of 3’ on the north side and 7’ on the south side. The total right-of-way width shall be 46’. The Final Map shall reflect these standards. c. "B" Street shall be a minimum of 40’ in width, measured from flow line to flow line. Parkway widths shall be a minimum of 8’ on each side. The total right-of­ way width shall be 56’. The Final Map shall reflect these standards. d. "E" Street shall be 34’ in width, measured from flow line to flow line. Parkway widths shall be a minimum of 8’ along the southerly side along Street "E", and shall be a minimum of 4’ along the northerly side Street "E". The total right-of-way shall be 46’. The Final Map shall reflect these standards. e. A public off-street parking area shall be provided on the southerly side of Palos Verdes Drive South, between Palos Verdes Drive South and "E" Street, west of Paseo del Mar, as part of the West Vista Park. Said parking area shall be at the same grade as Palos Verdes Drive South, shall contain a minimum of 6 parking spaces, and 1 parking space shall be reserved for handicapped use. The design of the off-street parking area and any time restrictions shall be submitted for review and approval by the Director of Public Works. Public parking and access to this area shall be prohibited after dusk. B-69 Resolution No. 2021-__ Exhibit A Page 56 of 62 f. On-street public parking shall be provided along "A" Street (Paseo Del Mar extension). Said on-street parking area shall contain a minimum of 90 parking spaces and a minimum of 5 parking spaces shall be reserved for handicapped use. The design of the on-street parking area shall be submitted for review and approval by the Director of Public Works. g. All streets shall have a vertical type curb. The developer may request roll type curbs, subject to the review and approval of the Director of Public Works. h. Handicapped access ramps which conform to all standards and specifications in Title 24 of the Uniform Building Code shall be provided at all sidewalks and at all locations where public trails intersect with streets and/or sidewalks in or adjacent to the subject development. i. Cul-de-sacs shall be designed to the specifications of the Director of Public Works. j. Street and traffic signs shall be placed at all intersections and/or corners as specified by the Director of Public Works, shall conform to City Standards, and shall be shown on a signage and striping plan to be attached to the street plans. k. Sidewalks, where required, shall be concrete, a minimum of 4’ wide, and located adjacent to the curb. l. All proposed streets shall be designed in substantially the same alignment as shown on Vesting Tentative Tract Map No. 50666 Amended Map No. 1, dated as revised on July 31, 1996, and "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No. 50666, dated February 2, 2005". 2. The developer shall be responsible for the design and construction of the realignment of Palos Verdes Drive South from Conqueror Drive to La Rotonda Drive. Plans for the realignment and reconstruction shall be submitted for review and approval by the Director of Public Works PRIOR TO ISSUANCE OF GRADING PERMITS OR RECORDATION OF THE FINAL MAP, WHICHEVER OCCURS FIRST and shall include a minimum 14’ wide median from Conqueror Drive to Palos Verdes Drive East and a minimum 10’ wide median from Palos Verdes Drive East to La Rotonda Drive. In addition, the developer shall be responsible for the design and construction of curb and gutter and full median improvements adjacent to the Portuguese Bend Club. The construction and realignment shall also include provisions for the future B-70 Resolution No. 2021-__ Exhibit A Page 57 of 62 signalization of the intersections at Palos Verdes Drive South and Forrestal Drive and at Palos Verdes Drive South and La Rotonda Drive, including the installation of all necessary underground facilities and utilities during construction so that subsequent installation of signals at either intersection can be accomplished without requiring future road cuts. With the exception of the improvements between Conqueror Drive and Ocean Trails Drive, construction on the improvements noted above shall be completed PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY RESIDENTIAL STRUCTURES OR PRIOR TO THE OPENING OF THE 18- HOLE GOLF COURSE, WHICHEVER OCCURS FIRST. Landscape improvements shall be completed PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR ANY RESIDENTIAL STRUCTURES OR PRIOR TO THE OPENING OF THE 18-HOLE GOLF COURSE, WHICHEVER OCCURS FIRST. For the roadway improvements and related landscaping between Conqueror Drive and Ocean Trails Drive, the developer shall complete said improvements PRIOR TO THE ISSUANCE OF ANY PERMITS FOR HABITABLE STRUCTURES WITHIN TRACT NO. 50666. Additionally, the developer shall be responsible for the design and re- construction of La Rotonda Drive, from Palos Verdes Drive South to the end of La Rotonda Drive. PRIOR TO JUNE 1, 2002 OR IN CONJUNCTION WITH THE CONSTRUCTION OF PHASE 2 OF PALOS VERDES DRIVE SOUTH, WHICHEVER OCCURS FIRST, the developer shall be responsible for obtaining approval of the structural section of La Rotonda and starting re- construction. The re-construction shall be completed by November 1, 2002. Further, subject to review and approval by the Director of Public Works, the developer shall be responsible for resurfacing of portions of La Rotonda Road. The re-surfacing shall begin by October 1, 2001 and shall be completed by November 1, 2001. Nothing in this condition shall preclude the City from requiring the Developer to contribute to the cost of reconstructing Palos Verdes Drive South (25th Street) from La Rotonda Drive to the eastern City limits pursuant to Condition E.8 of this approval, if it is determined that the construction of the Ocean Trails project by the Developer has damaged this street segment. If the City and the Developer do not agree as to whether the construction of the Ocean Trails project by the Developer has damaged this street segment, then they shall mutually agree upon a third party geotechnical engineer (the "Engineer'') to make such determination. The Engineer shall determine, as soon as reasonably feasible after his or her appointment, as to whether, and the extent to which, the construction of the Ocean Trails project by the Developer is responsible for having damaged such street segment. The decision of the Engineer shall be binding and non- appealable. If the Engineer determines that B-71 Resolution No. 2021-__ Exhibit A Page 58 of 62 the construction of the Ocean Trails project by the Developer is partially or fully responsible for damaging such street segment, then the Developer shall be responsible for making a financial contribution towards the reconstruction costs in proportion to the extent of such damage caused by the construction of the Ocean Trails project by the Developer. Each party shall pay for the costs and expenses of its engineer, with the parties sharing equally the cost of the Engineer. Additionally, if it is determined as set forth above that the Developer is responsible for making a financial contribution towards the reconstruction costs, the Developer shall receive a credit against that cost, due to the additional amount being incurred by the Developer to reconstruct La Rotonda Drive in accordance with this amended condition. The amount of credit shall be equal to the difference between (1) the cost of resurfacing 25th Street from La Rotonda Drive to the easterly City limits plus the cost of resurfacing La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road, and (2) the cost to reconstruct La Rotonda Drive from Palos Verdes Drive South to the Fire Access Road. 3. PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THE FIRST RESIDENCE WITHIN TRACT NO. 50666 OR TRACT NO. 50667, WHICHEVER OCCURS FIRST, the project shall contribute to the installment of the following street improvements based on a "fair share" of the cost as determined by the Director of Public Works, which will be allotted only to new traffic: a. Construction of a second westbound left-turn lane at the intersection of Hawthorne Boulevard and Palos Verdes Drive West. b. Construction of a second eastbound left-turn lane and a second southbound right-turn lane at the intersection of Western and 25th Street, if approved by the City of Los Angeles. The developer shall be responsible for contacting the appropriate agencies in the City of Los Angeles and shall provide necessary documentation to the City of Rancho Palos Verdes Director of Public Works, including a letter of approval from the City of Los Angeles, for determination of the project's fair share of the cost for improvements to the above intersection. 4. The developer shall pay traffic impact fees PRIOR TO RECORDATION OF THE FINAL MAP in an amount determined by the Director of Public Works upon the completion of all on-site public improvements, including, but not limited to, streets, drainage, and utility improvements. 5. PRIOR TO RECORDATION OF THE FINAL MAP, OR PRIOR TO ISSUANCE OF GRADING PERMITS, WHICHEVER OCCURS FIRST, the developer shall process an application for vacation of the portions of the street right-of- way B-72 Resolution No. 2021-__ Exhibit A Page 59 of 62 along Paseo del Mar which are to be developed for golf course uses, with the exception of the portion of the undeveloped Paseo del Mar right-of-way seaward of the Ocean Terraces Condominiums, which shall be retained for emergency fire access purposes, pursuant to Condition BB.6. 6. PRIOR TO THE ACCEPTANCE OF THE STREET IMPROVEMENTS BY THE CITY, the developer shall construct an all-weather emergency fire access road in the undeveloped portion of the Paseo del Mar right-of- way in compliance with the plan reviewed and approved by the Los Angeles County Fire Department. The Director of Community Development shall work with the Los Angeles County Fire Department to determine the final material used for the all- weather road surface in order to discourage use of this emergency fire access road by unauthorized users (such as bicyclists, golfers and roller skaters). 7. Any street names and house numbering plans shall be provided to the City by the developer for approval by Director of Public Works PRIOR TO THE RECORDATION OF THE FINAL MAP. CC. TRASH ENCLOSURES 1. All trash enclosure walls shall be a maximum of 6’ in height and designed to accommodate recycling bins and shall have solid, self-closing gates and be integrated into the building design. DD. UTILITIES 1. All utilities exclusively serving the site and to and on the lots and golf course shall be provided underground, including cable television, telephone, electrical, gas and water. All appropriate permits shall be obtained for their installation. Cable television, if utilized, shall be connected to the nearest trunk line at the developer's expense. EE. VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 1. If signatures of record or title interests appear on the Final Map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest holders. The account for the preliminary title report guarantee shall remain open until the Final Map is filed with the County Recorder. 2. The Final Map shall clearly delineate and label the "Coastal Setback Zone" line as established in the City's Coastal Specific Plan. A note shall be placed on the map B-73 Resolution No. 2021-__ Exhibit A Page 60 of 62 stating that no permanent structures (except for structures associated with public amenities or unless as allowed by another project condition of approval) shall be allowed closer than 25’ to the Coastal Setback Zone. This area shall be designated on the final map as a "Building/Grading Restriction" area. All residential lots shown on the Final Map shall provide for a minimum buildable area of 3,000ft² of contiguous area, exclusive of required setbacks and any portions of the lot located seaward of the Building Grading Restriction Line, or they shall be eliminated from the Final Map. 3. The City's fee for processing a Final Map shall be paid within 6 months of approval of the Vesting Tentative Tract Map by the last responsible public agency. 4. Pursuant to Development Code Section 17.86.070 (formally 17.67.090), this approval shall expire 24 months from the date that the Coastal Permit associated with this Vesting Tentative Tract Map is approved by the last responsible agency, unless the Final Map has been recorded. Three extensions of up to 1 year each, may be granted by the City Council, if requested in writing PRIOR TO EXPIRATION. 5. The developer shall supply the City with one mylar and one print of the recorded Final Map within 30 days of recordation of Final Map. 6. In compliance with Fish and Game Code Section 711.4, the developer shall submit to the City a cashier's check payable to the Los Angeles County Clerk in the amount of $850.00 for a filing fee and a cashier's check in the amount of $25.00 for a documentary handling fee within 48 hours of City approval of these permits. The developer shall also pay any fine imposed by the Department of Fish and Game, if required. 7. PRIOR TO RECORDATION OF THE FINAL MAP, pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from all affected departments and divisions, including a clearance from the Director of Public Works for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc. 8. PRIOR TO THE APPROVAL OF THE FINAL MAP, for Vesting Tentative Tract No. 50666, the developer shall submit for review and approval by the City Council, a revision to Conditional Use Permit No. 162 that improves views by reducing some of the ridge heights within Vesting Tentative Tract No. 50666. Revision options available to the developer may include, but are not limited to, lowering pad elevations, lowering the maximum building height, creating two- story split level pads which may result in increasing lot size and buildable area, B-74 Resolution No. 2021-__ Exhibit A Page 61 of 62 revising setbacks, or other methods. 9. All natural and created slopes greater than 3.1 shall be designated as Restricted Use Areas with a note on the Final Map. 10. Unless already dedicated to the City, the developer shall dedicate to the City vehicular access rights to Palos Verdes Drive South and Paseo Del Mar. A note to this effect shall be placed on the Final Map. 11. PRIOR TO RECORDATION OF THE FINAL MAP, access to Lots 12 and 13 over Forrestal Canyon shall be provided by a pole for each lot, with a minimum width of 12’ and access shall be via a shared private driveway, with a maximum width of 22’. A note to this effect shall be placed on the Final Map 12. WITHIN 30 DAYS AFTER FINAL MAP APPROVAL, BEFORE SALE OF ANY INDIVIDUAL LOT, OR PRIOR TO ISSUANCE OF BUILDING PERMITS, WHICHEVER OCCURS FIRST, the developer shall submit to the City a Covenant to Maintain Property to protect views for each golf course lot and driving range lot. All fees associated with recording said covenant shall be paid by the developer. SURVEY MONUMENTATI ON 12. Within twenty-four (24) months from the date of recordation of the Final Map, the developer shall set remaining required survey monuments and center line tie points and furnish the center line tie notes to the Director of Public Works. 13. All lot corners shall be referenced with permanent survey markers in accordance with City Municipal Code. The survey markers shall be inspected and accepted by the City PRIOR TO THE RELEASE OF THE BOND REFERENCED IN CONDITION M.1. FF. WATER 1. The developer shall fund an alternative water source study in an amount not to exceed $50,000. The purpose of the study shall be to investigate the feasibility of developing various alternative water sources for support of the golf course and related facilities including such alternatives as desalinization, reverse osmosis and other similar technologies, water reclamation, use of de-watering wells, etc. However, upon written request, the City Council may waive or delay the requirement to prepare said study. 2. If there are drought conditions at the time the golf course is developed, or if for any other reason the availability of water is scarce, the developer or its successor B-75 Resolution No. 2021-__ Exhibit A Page 62 of 62 in interest shall contribute its proportionate share of the cost of developing new water sources for the City, including off-site development, identified in the study required in Condition FF.1. The City or other responsible agency shall determine the amount of the proportionate share by conducting the necessary studies. However, upon written request, the City Council may waive or delay the payment of the contribution, contingent on a determination by the City Council that an alternative water source study is necessary pursuant to Condition FF.1. 3. There shall be filed 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 development and developed tracts. Said statement shall be dated no more than six months PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE CLUBHOUSE. Should the developer receive a qualified "will serve" statement from the purveyor, the City shall retain the right to require the developer 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. Said statement shall be required PRIOR TO RECORDATION OF THE FINAL MAP. 4. At the time the final subdivision improvement plans are submitted for checking, plans and specifications for the water system facilities shall be submitted to the Director of Public Works for checking and approval and shall comply with the Director of Public Works' standards. Approval for filing of the Final Map is contingent upon approval of the plans and specifications mentioned above. 5. All lots, golf course, and related facilities 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 land division. Domestic flow requirements shall be determined by the Director of Public Works. Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Los Angeles County Fire Department is required PRIOR TO RECORDATION OF THE FINAL MAP, ISSUANCE OF BUILDING PERMITS FOR THE CLUBHOUSE, MAINTENANCE FACILITY OR AFFORDABLE HOUSING COMPLEX, WHICHEVER OCCURS FIRST. The developer shall be responsible for installation of any fire hydrants or other improvements required by the Los Angeles County Fire Department at the time the public streets are constructed. 6. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate firefighting water and access available to the said structures pursuant to Condition FF.5. B-76 TOPOGRAPHIC BOUNDARY SURVEYSCALE:DATE:SHEET:OF111"=10"05-11-2019LOT 9 OF TRACT NO. 50667 RECORDED IN MB 1241, PGS 71-82 C-1 NOTESLEGENDPROJECT SUMMARY÷÷A123BC45SHEET NUMBER:STEET TITLE:DATE: REV. NO.Job No.:FILE:DRAWN BY:REVISSION DATENOV. 4, 2021DMULLIGANMIKE & GINAAPN # - 7564-029-035 LOT 9 - NEW HOUSE 34042 ISTHMUS DRIVE RANCHO PALOS VERDES CA 90275SITE PLANA-100 SITE PLANNorthLOT 9SCALE: 1/8" = 1'-0" SITE SECTIONSCALE: 1/8" = 1'-0"2 SITE SECTIONSCALE: 1/8" = 1'-0"1C-2 ABCEF12345DFLOOR PLANSA-101A123BC45SHEET NUMBER:STEET TITLE:DATE: REV. NO.Job No.:FILE:DRAWN BY:REVISSION DATESEPT. 2021DMULLIGANMIKE & GINAAPN # - 7564-029-035 LOT 9 - NEW HOUSE 34042 ISTHMUS DRIVE RANCHO PALOS VERDES CA 90275 GROUND FLOORNorthLOT 9SCALE: 1/8" = 1'-0"BASEMENTNorthLOT 9SCALE: 1/8" = 1'-0"ROOF PLANNorthLOT 9SCALE: 1/8" = 1'-0"C-3 9'-0" 12'-6" 9'-0"6'-6"9'-0"6'-6" 16'-0" 25'-6"3'-0"1'-3"6'-0"3'-0"9'-0"10'-0"5'-6"1'-0"10'-0"5'-6" 15'-6" 25'-6" 6'-9" 9'-0"10'-0"10'-0"5'-6" 15'-6" 25'-6" 10'-0" 10'-0"3'-4"10'-0"3'-4" 15'-6"1'-10"1'-9" 8'-0"1'-0" 9'-0"ELEVATIONA-201A123BC45SHEET NUMBER:STEET TITLE:DATE: REV. NO.Job No.:FILE:DRAWN BY:REVISSION DATESEPT. 2021DMULLIGANMIKE & GINAAPN # - 7564-029-035 LOT 9 - NEW HOUSE 34042 ISTHMUS DRIVE RANCHO PALOS VERDES CA 90275NORTH ELEVATIONSCALE: 1/8" = 1'-0"SOUTH ELEVATIONSCALE: 1/8" = 1'-0"WEST ELEVATIONSCALE: 1/8" = 1'-0"EAST ELEVATIONSCALE: 1/8" = 1'-0"C-4