HomeMy WebLinkAbout6645RESOLUTION NO. 6645
A RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING RESIDENTIAL-
MOUNTAINOUS DEVELOPMENT PERMIT NO. RM 08-O1,
ARCHITECTURAL DESIGN REVIEW, AND WAIVERS OF
CONDITIONS NO. 3.8 AND NO. 3.11 OF CITY COUNCIL
RESOLUTION NO. 5274 FOR AN OPEN AND UNCOVERED
HILLSIDE DECK AND PATIO LIGHTS AT 383 TORREY PINES
DRIVE
WHEREAS, on May 28, 2008, aResidential-Mountainous Development
Permit application was filed by Ms. Anni Wei on behalf of her parents, the
property owners, for approval of an open and uncovered hillside deck and patio
lights at 383 Torrey Pines Drive; and
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the
State's CEQA Guidelines, the City of Arcadia's Planning Services prepared a
Preliminary Exemption Assessment and determined that the project meets the
requirements for a Class 3(e) Categorical Exemption under Section 15303 of the
CEQA Guidelines for the construction and location of small accessory structures;
and
WHEREAS, a duly noticed public hearing was held by the Planning
Commission on August 12, 2008, at which times all interested persons were given
full opportunity to be heard and to present evidence; and
WHEREAS, on August 26, 2008, the Planning Commission voted 3 to 0
with two Commissioners absent to adopt Planning Commission Resolution No.
1775 to conditionally approve Residential-Mountainous Development Permit No.
RM 08-01 and the architectural design review for an open and uncovered hillside
deck and patio lights at 383 Torrey Pines Drive; and
WHEREAS, a duly noticed public hearing was held before the City Council
on September 2, 2008, at which time all interested persons were given full
opportunity to be heard and to present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION I. The factual data submitted by the Development Services
Department in the attached report dated September 2, 2008 is true and correct.
SECTION 2. This City Council finds:
1. The granting of such Residential-Mountainous Development Permit
will not result in any of the following:
a. Excessive or unnecessary scarring of the natural terrain and landscape
through grading or removal of vegetation; or
b. Unnecessary alteration of a ridge or crest line; or
c. Unnecessarily affect the view from neighboring sites; or
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d. Adversely affect existing development or retard future development in
this zone; or
e. Be inconsistent with the provisions of the Residential-Mountainous
Single-Family Zone as enumerated in Division 0 of Part 5 of Chapter 2 of Article
IX of the Arcadia Municipal Code.
2. The use applied for will not have a substantial adverse impact on the
em~ironment, and that the project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA) because the project involves
the construction and location of a small accessory structure, which meets the
requirements for a Class 3(e) Categorical Exemption under Section 15303 of the
CEQA Guidelines.
SECTION 3. For the foregoing reasons, the City Council approves
Residential-Mountainous Development Permit No. RM 08-01, the architectural
design review, and waivers of Conditions No. 3.8 and No. 3.11 of City Council
Resolution No. 5274 for an open and uncovered hillside deck and patio lights at
383 Torrey Pines Drive, subject to the following conditions:
1. The deck shall be retrofitted within 30 days and maintained along with
the existing landscaping in a manner that is consistent with the plans and materials
submitted and approved by application no. RM 08-0] to the satisfaction of the
Building Official, Fire Marshal] and Community Development Administrator.
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2. The brightness of the light fixtures along the edge of the top of the
slope shall not exceed the minimum determined to be necessary for safety
purposes by the Building Official.
3. The applicant shall defend, indemnify, and hold harmless the City of
Arcadia and its officers, employees, and agents from and against any claim, action,
or proceeding against the City of Arcadia, its officers, employees or agents to
attack, set aside, void, or annul any approval or condition of approval of the City
of Arcadia concerning this project and/or land use decision, including but not
limited to any approval or condition of approval of the City Council, Planning
Commission, or City Staff, which action is brought within the time period
provided for in Government Code Section 66499.37 or other provision of law
applicable to this project or decision. The City shall promptly notify the applicant
of any claim, action, or proceeding concerning the project and/or land use decision
and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the Ciry, its
officers, employees, and agents in the defense of the matter.
4. The approval of application no. RM 08-O1 shall not take effect until the
owner and applicant have executed the Acceptance Form available from Planning
Services to indicate awareness and acceptance of the conditions of approval.
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SECTION 4. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved, and adopted this 16th day of September, 2008.
~~~~
Mayor of the City of Arcadia
ATTEST:
_~ L "
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6645 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 16th day of September, 2008 and that
said Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
ity Clerk of the City of Arcadia
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