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PC RES 1993-004 111 1111 P. C. RESOLUTION NO. 93 - 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 24, REVISION NO. 2, AMENDING CONDITION OF APPROVAL NOS. 1, 2 AND 11, THEREBY APPROVING MODIFICATIONS TO THE LANGUAGE REGARDING MAINTENANCE AND OWNERSHIP OF THE UNDERLYING FEE OF THE TRAIL KNOWN AS THE POINT VICENTE TRAIL, LOCATED IN THE COMMON OPEN SPACE LOT OF TRACT NO. 33034. WHEREAS, Palos Verdes Panorama Owners Association has requested an amendment to Condition Nos. 2, 8, and 11 of Conditional Use Permit No. 24 (Tract 33034) to reflect the transfer of maintenance and ownership of the underlying fee of the Pt. Vicente Trail from the Palos Verdes Panorama Owners Association to the City of Rancho Palos Verdes; and WHEREAS, after notice issued pursuant to the provisions of the City's Development Code, public hearings were held before the City Council on November 4, 1992 and December 15, 1992, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, on February 2, 1993, the City Council adopted Resolution No. 93-4, thereby approving Amendment No. 1 to Tract No. 33034 to allow the transfer of ownership of the Point Vicente Trail easement from the homeowners association to the City. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That modification to Conditional Use Permit No. 24, Condition of Approval Nos. 2, 8 and 11, is necessary as a result of the City Council's approval of Tract No. 33034, Amendment No. 1, so that the Conditional Use Permit and Tract Map for the Palos Verdes Panorama development are consistent with regard to the maintenance and ownership of the underlying fee of the Pt. Vicente Trail to the City of Rancho Palos Verdes. Section 2 : That, even with the reduction in common open space resulting from the fee transfer, the total amount of common open space for the tract will still exceed the 30% minimum required in a Residential Planned Development by approximately 25%. 411 111 Section 3 : For the foregoing reasons, and based on evidence presented in the staff report and records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit No. 24, Revision No. 2, modifying Condition of Approval Nos. 2, 8 and 11, as described in the attached Exhibit "A" , thereby deleting references of the Palos Verdes Panorama Owners Association's maintenance and ownership responsibilities for the Point Vicente Trail. PASSED, APPROVED and ADOPTED this 23rd day of February, 1993 . /41// Robert Katherman Chairman Dudley On erdonk, Director of Environmental Services and Secretary to the Commission P. C. Resolution No. 93 - 4 Page 2 111 "EXHIBIT A" The following "Revision No. 2" to Conditional Use Permit No. 24, Tract No. 33034, shall become effective pending submittal of a grant deed for transfer of ownership of the underlying fee for the Pt. Vicente Trail (see City Council Resolution No. 93-3) . The following conditions shall be amended as listed below: 1. Condition No. 2 : A landscaping plan (which includes street trees) shall be submitted for approval by the Director of Planning. Said plan shall include but not be limited to plant materials (proposed and existing) , wall/fences, treatment of emergency vehicles, and pcdcstrian accc33 ca3cmcnt, and lighting. 2 . Condition No. 8: A pedestrian access easement shall be provided which shall allow for public access from the northern-most tract boundary to Lot 44 of Tract 29115, as per the approved Tentative Tract Map and associated conditions. Upon submittal of a grant deed in a form acceptable to the City Attorney, ownership of the underlying fee of the Pt. Vicente Trail easement, including the path and stairs, shall be transferred to the City. At that time, the City will incur all maintenance and ownership responsibilities for the path and stairs. 3 . Condition No. 11. A. Maintenance of the privately owned areas, pcdc3trian trail, and emergency vehicle access shall be ensured through the establishment of a Homeowners Association (or equal) and C.C. & R's. Furthermore, maintenance fees for said areas cannot be reduced without written approval of the City. Note: Proposed new language is bold and underlined, and deleted language is represented by strike-through text. DJ13:33034RES.PC P. C. Resolution No. 93 - 4 Page 3