CC RES 1992-105RESOLUTION NO. 92 -105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S APPROVAL OF COASTAL PERMIT NO. 1
REVISION AND DEFERRING ACTION TO APPROVE TRACT 40640
AMENDMENT NO, 2 FOR MODIFICATION TO CONDITIONS OF
APPROVAL FOR TRACT 40640 REGARDING PUBLIC ACCESS TO THE
COASTLINE FROM THE TERMINUS OF MARGUERITE DRIVE IN
COASTAL SUBREGION 1.
WHEREAS, the Lunada Pointe Homeowner's Association, represented
by the Burrell Group, has submitted a request for Coastal Permit No.
1 - Revision and Tract 40640 - Amendment No. 2 for modification to
conditions of approval in order to close the gate which provides
public access to the coastline from the terminus of Marguerite
Drive; and
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, the Planning Commission of the
City of Rancho Palos Verdes held a public hearing regarding the
Coastal Permit No. 1 - Revision on July 28, 1992 at which time all
interested parties were given an opportunity to be heard and present
evidence; and
WHEREAS, on August 11, 1992 the Planning Commission adopted
P.C. Resolution No. 92 -50 conditionally approving Coastal Permit No.
1- Revision to close the public trail access gate located at the
terminus of Marguerite Drive for a trial period of six months; and
WHEREAS, on August 18, 1992, within fifteen ( days of the
Planning Commission's decision, Save Our Coastline 2000 (11SOC 200011)
filed an appeal of the Planning Commission's approval; and
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, the City Council of the City
of Rancho Palos Verdes held a public hearing regarding the appeal of
Coastal Permit No. 1 - Revision and the request for Tract 40640 -
Amendment No. 2 on October 20, 1992 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:
Resolution No, 92 -105
Page 1 of 5
Section 1: That the revision to Coastal Permit No. 1 is in
conformance with the Coastal Specific Plan because access to the
trails in Lot 27 will remain available via the entrance on Palos
Verdes Drive West. Additionally, public parking and adequate access
to the coastline is currently available at the Interpretive Center,
Further, future development of the HMDI property (Vesting Tentative
Tract No. 46628) will provide additional trails and public parking
in Subregion 1.
Section 2: That the revision to Coastal Permit No, 1 qualifies
as an . exception to applicable public access and recreation policies
of the Coastal Act because closure of the gate will discourage
illegal access to adjacent undeveloped private property (Vesting
Tentative Tract No. 46628). Additionally, because the access is
located at the end of an isolated, secluded cul -de -sac, crime and
other undesirable activity has increased in the area. Because there
is limited vehicular traffic and visual access to the trails, such
illegal and undesirable activities in the area can not be monitored
or effectively discouraged* The City Council finds that crimes such
as vandalism, theft, rape, assault, and public drunkenness in the
area adjacent to the terminus of Marguerite Drive have created a
situation that jeopardizes the public health, safety, and general
welf are O
Section 3: That maintenance of a gate for access to trails in
Lot 27 as required by conditions of approval for Tract 40640 is not
appropriate or necessary at this time because access to the trails
in Lot 27 will remain available from the entrance on Palos Verdes
Drive West, However, the City maintains the right to re-establish
access at the end of the six month trial period, or at the time
trails on adjacent property are developed. Additionally, this
proposed amendment and modification to the conditions of approval
for Tract 40640 does not impose additional burden on the present fee
owner of the property, and does not alter any right, title or
interest in the real property reflected on the recorded map.
Section 4: For the foregoing reasons and based on the
information and findings included in the Staff Report and records of
the proceedings, and to protect the public health, safety, and
general welfare, the City Council hereby denies the appeal and
upholds the Planning Commission approval of Coastal Permit No. 1 -
Revision to close the gate located at the terminus of Marguerite
Drive subject to the conditions of approval attached in Exhibit "A."
and defers approval of Tract 40640 - Amendment No, 2 until such time
that the City may determine that permanent closure of access from
Marguerite Drive is necessary.
Resolution No, 92-105
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PASSED, APPROVED, and ADOPTED this 9th day of November, 1992.
YOR
ATTEST:
C Y C RK
S TE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
STATE OF CALIFORNIA )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above resolution No. 92 -105 was duly and regularly
passed and adopted by the City Council at a regular meeting held on
November 9, 19920
CITY CLERK
CITY F RANCHO PALOS VERDES
Resolution No, 92 -105
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
COASTAL PERMIT NO. 1 REVISION
TERMINUS OF MARGUERITE DRIVE
TRACT 40640
1. This approval to close the gate shall be valid for a period of
six (6) months from the date of this approval. Extensions of
this approval may be granted by the Planning Commission upon
written request by the Lunada Pointe Homeowner's Association
prior to expiration.
2. This approval to close the gate is conditioned upon the Lunada
Pointe Homeowner's Association entering into an agreement with
the City of Rancho Palos Verdes' within twenty (20) days of this
approval by the City Council, 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 closure of the gate and all issues related
thereto. This shall also include all charges incurred by the
City connected with any appeal filed with the Coastal
Commission.
3. Within twenty (20) days of the date of this approval, the
applicant shall submit, in writing, a statement that they have
read, understand, and agree to all of the conditions of
approval contained in this exhibit.
4. Prior to closure of the gate, the applicant shall install a
minimum of three (3) signs; one at the terminus of Marguerite
Drive, one at the entrance to the site near the intersection of
Marguerite Drive and Palos Verdes Drive West, and one at the
trail entrance located on Palos Verdes Drive West. These signs
shall be printed in both english and spanish and shall serve to
notify that the gate at the terminus of Marguerite Drive has
been closed, and that access to the trails is now available
only from the trail entrance on Palos Verdes Drive West. The
language and the placement of the signs is subject to review
and approval by the Director of Environmental Services.
Resolution No, 92 -105
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5. The City reserves the right to re -open the gate and thereby re-
establish access via the terminus of Marguerite Drive to trails
in Lot 27 at the end of the six month trial period, or at the
time trails in the adjacent property (Vesting Tentative Tract
No. 46628) are developed and /or dedicated. Approval of Tract
40640 - Amendment No. 2 is deferred until such time as the
Planning Commission and City Council may determine that the
permanent closure of access from Marguerite Drive is necessary.
Resolution No, 92 -105
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