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PC RES 1989-069P.C. RESOLUTION NO. 89-69 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING COASTAL PERMIT NO. 78 AND ENCROACHMENT PERMIT NO. 15 FOR A TEMPORARY FENCE AT TRACT 40640 ON MARGUERITE DRIVE. WHEREAS, Lunada Pointe Homeowners' Association has requested a Coastal Permit and an Encroachment Permit to allow a temporary 6 foot high fence which encroaches into the public right-of-way at Marguerite Drive. WHEREAS, after notice pursuant to the City's Development Code, a public hearing was held on November 14, 1989, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed development, when located between the sea and the first public road, is in conformance with applicable public access and recreational policies of the Coastal Act, in that the encroachment still allows unlimited public access to the street and public trails located within the tract. Section 2: The encroachment is in the best interest of the City, since it will protect and control access to private property during construction of the residences within the tract. Section 3: The encroachment will not be detrimental to the public health and safety, since it will still allow public access to the public street and public utilities located within the right-of-way. Section 4: The encroachment is necessary by the fact there is no alternative location on private property for the fence which would eliminate the need to encroach, since a fence located 20 feet in back of the front property lines would not allow the private lots to be fully secured. Section 5: The encroachment is designed in the safest manner possible, since it will be a minimum of two feet in back of the curb and will be designed to allow access to public utilities within the public right-of-way. Section 6: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes does hereby approve Coastal Permit No. 78 and Encroachment Permit No. 15, subject to the attached conditions marked Exhibit "A", which are necessary to protect the public health, safety and general welfare in the area. APPROVED and ADOPTED this 28th day of November 1989. Y Luella L. Wike Chairperson -A�il xit'i ob1 r Bena d Director of Environmen al Services and Secretary to the Commission P.C. Resolution No. 89-69 Page 2 EXHIBIT "A" COASTAL PERMIT NO. 78 ENCROACHMENT PERMIT NO. 15 1. The owner must record a hold -harmless agreement, with language approved by the Director of Environmental Services. 2. The owner must agree to remove the encroachment at the direction of the Public Works Director on 10 days' notice except in emergency situations where removal may be required on shorter notice. If the owner fails to remove the encroachment within the specified time, the City will do the work and the owner will be billed. 3. The owner must obtain liability insurance of $500,000 naming the City as additional insured, and provide a copy of said insurance policy annually to the Director of Environmental Services. 4. The owner must record the above conditions as conditions running with the land in a document satisfactory to the City Attorney. The owner must obtain a formal Encroachment Permit from the Public Works Department. 5. The encroachment must be constructed and installed in accordance with approved plans. 6. The chain link fence shall be a maximum of 6 feet in height, and located a minimum of 2 feet in back of the curb. The fence shall be placed to allow access to all public utilities located within the right-of-way. 7. The fence may be placed along the front of lots 3 through 17 and at the rear of lots 18 through 25 and 29 on Marguerite Drive. A gate shall be placed across Laurel Drive and at the driveway curb cuts on Lots 3 through 17. The fence shall not be placed to limit public access to the easement that connects to Lot 27 at the end of the Marguerite Drive cul-de-sac. 8. The fence shall be removed on or before December 14, 1991 unless an extension is requested in writing to the Director of Environmental Services prior to that date. P.C. Resolution No. 89-69 Page 3