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PC RES 1992-050 P.C. RESOLUTION NO. 92-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING COASTAL PERMIT NO. 1 - REVISION IN ASSOCIATION WITH A RELATED REQUEST FOR MODIFICATION TO CONDITIONS OF APPROVAL FOR TRACT 40640 REQUIRING 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 to close the access gates which provide public access to the coastline from the terminus of Marguerite Drive in association with a related request for Tract 40640 - Amendment No. 2; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on July 28, 1992 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 revision 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 (Tentative Tract 46628) will provide trails and public parking throughout Subregion 1. Section 2 : That the proposed revision qualifies as an exception to applicable public access and recreation policies of the Coastal Act because closure of the gate may discourage illegal access to adjacent property (Tentative Tract 46628) . Additionally, crime and other undesirable activity has increased in the area since development of the tract, thereby creating a situation that is inconsistent with public safety. P.C. Resolution No. 92-50 Page 1 of 3 Section 3 : For the foregoing reasons and based on the information and findings included in the Staff Report and records of the proceedings, the Planning Commission hereby approves the request to revise Coastal Permit No. 1 to close the gate located at the terminus of Marguerite Drive in association with Tract 40640 - Amendment No. 2 subject to the conditions of approval attached in Exhibit "A" which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 11th day of August, 1992. //I/// Allb6- Robert Katherman, Chairman J ) Ca-t9L14& Du ley O erdonk, Director of Environmental Services and Secretary to the Commission P.C. Resolution No. 92- 50. Page 2 of 3 a EXHIBIT "A" CONDITIONS OF APPROVAL COASTAL PERMIT NO. 1 - REVISION TERMINUS OF MARGUERITE DRIVE TRACT 40640 1. Approval of this revision is conditioned upon and is subject to approval of Tract 40640 - Amendment No. 2 by the City Council. This approval shall become void if the request for Tract 40640 - Amendment No. 2 is denied by the City Council. 2. This approval shall be valid for a period of six (6) months from the date of approval of Tract 40640 - Amendment No. 2 by the City Council. Extension to this approval may be granted by the Planning Commission upon written request by the applicant prior to expiration. 3 . This approval is conditioned upon the applicant entering into an agreement with the City of Rancho Palos Verdes within twenty (20) days of the date of approval of Tract 40640 - Amendment No. 2 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 approval of the project and all issues related thereto. 4. Within twenty (20) days of the date of approval of Tract 40640 - Amendment No. 2 by the City Council, 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. 5. 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. P.C. Resolution No. 92-50 Page 3 of 3