CC RES 1990-008RESOLUTION NO* 90-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL OF
COASTAL PERMIT NO* 78 AND ENCROACHMENT PEW41T.
NO* 15 THEREBY APPROVING WITH CONDITIONS A
TEMPORARY FENCE AT TRACT 40640 ON MARGUERITE
DRIVE*'
WHEREAS, after notice pursuant to the Development Code, a
public hearing was held on November 14, 1989 and on November
28, 1989 the Planning Commission adopted the Resolution approving
Coastal Permit No. 78 and Encroachment Permit No. 15 with
conditions after all interested parties were given the opportunity
to give testimony and present evidence*
WHEREAS, on December 13, 1989, Lunada Pointe Homeowners
Association filed an appeal to the City Council within 15 days of
the decision of the Planning Commissions
WHEREAS, On February 6, 1990, the City Council heard the
appeal of Coastal Permit No. 78 and Encroachment Permit No. 15 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 lo. 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'andpublic trails located within the tracts
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
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public health and safety, since it will still allow public access
to the public street and public utilities located within the
right-of-way.
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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 69, For the foregoing reasons, the City Council
of the City of Rancho Palos Verdes does hereby deny the appeal of
Coastal Permit No. 78 and Encroachment Permit No. 15, thereby
approving the applications subject to the attached conditions
marked Exhibit "A", which are necessary to protect the public
health, safety and general welfare in the area.
PASSED, APPROVED and ADOPTED on February 6, 1990.
ATTEST*
City Clerk
8tate of California
County of Los Angeles ss
City of Rancho Palos Verdes
Ir JO PURCELLy City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 90-08 was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on February 6, 1990.
'City -Clerk
Ci i) of Rancho Palos Verdes
Resolution No. 90-08
Page 2
EXHIBIT "All
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 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 February 15, 1991
unless an extension is requested in writing to the Director of
Environmental Services prior to that date*
Resolution No. 90-08
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