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
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