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RESOLUTION NO. 1775
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
RESIDENTIAL-MOUNTAINOUS DEVELOPMENT PERMIT
NO. RM 08-01 AND ARCillTECTURAL DESIGN REVIEW
FOR AN OPEN AND UNCOVERED HILLSIDE DECK AT
383 TORREY PINES DRIVE
WHEREAS, on May 28, 2008, a Residential-Mountainous
Development Permit application was filed by Ms. Anni Wei for approval of
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an open and uncovered hillside deck; Development St;rvices Department
Case No. RM 08-01, at property commonly known as 383 Torrey Pines
Drive; and
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WHEREAS, a duly noticed public hearing was held by the Planning
Commission On August 12,2008, at which time all interested persons were
given full opportunity to be heard and to present evidenc'e.
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NOW THEREFORE, THE PLANNING COMMISSION OF THE
CITY OF ARCADIA RESOLVES AS FOLLOWS:
SECTION L
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That the factual data submitted by the Development
Services Department in the attached report is true and cqrrect-.
SECTION 2.
This Commission finds:
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1. That the granting of such Residential-Mountainous Development
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., Permit will not result in any of the following:
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a. Excessive or unnecessary scamng of the natural terrain and
landscape through grading or removal of vegetation; or
b. Unnecessary alteration of a ridge or crestline; Qr
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
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e. Be inconsistent with the provisions of Divis~on 0 of Part 5 of
Chapter 2 of Article IX of the Arcadia Municipal Code. I
2. That the use applied for will not have a substantial adverse impact
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on the environment, and that the proposed 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
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accessory structure, which meets the requirements. for a Class 3 (e)
exemption under Section 15303 of the CEQA Guidelines.
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SECTION 3. That for the foregoing reasons this Commission
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approves Residential-Mountainous Development Permit No. RM 08-0 I and
its Architectural Design Review, for an open and uncovered hillside deck at
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383 Torrey Pines Drive, subject to the following conditions:
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1. The deck shall be retrofitted within 30 days of the effective date
of City approval of this application, and maintained aloJ1.g with the existing
landscaping in a manner that is consistent with the plans and materials
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submitted to the City of Arcadia and approved by application no. RM 08-01
to the satisfaction of the Building Official, Fire Marsh~lI and Community
Development Administrator.
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,
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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
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land use decision, including but not limited to any approval or condition of
approval of the City Council, Planning Commission, qr City Staff, which
action is brought within the time period provided for in Government Code
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Section 66499.37 or other provision of lawapplicabl~ to this project or
decision. The City shall promptly notify the applicant of any claim, action,
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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 rep'resent the City, its
officers, employees, and agents in the defense of the matter.
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4. The approval of application no. RM 08-01 shall not take effect
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until the owner and applicant have executed the Acceptance Form available
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from Planning Services to indicate awareness and acceptance of the
conditions of approval.
SECTION 4.
The Secretary shall certify to tJire adoption of this
Resolution.
Passed, approved and adopted this 26th day of August, 2008.
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Chairman, Planning Commission
A ;!-ES:r~
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Secr eY, Planning Commission
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1775 was passed and
adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
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and attested to by the Secretary at a regular meeting of said PI8nning Commission held
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on the 26th day of August, 2008 and that said Resolution was adopted by the
following vote, to wit:
AYES:
Commissioners Hsu, Parrille and Beranek
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NOES:
None
ABSENT: Commissioners Baderian and Baerg
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Sec~ of the Planning Commission
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STAFF REPORT
Developplent Services Department
August12,2008
TO:
FROM:
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
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SUBJECT: Residential Mountainous Development Permit Application No. RM
08-01 for a hillside deck at 383 Torrey Pines Drive
SUMMARY
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This application was submitted by the property owner to! legalize a deck that
extends out from the top of the slope at the rear of the residence at 383 Torrey
Pines Drive. It Is staffs opinion that the deck can be retrofitted to satisfy current
building and safety codes, and that it can be retrofitted and maintained in a
manner that will satisfy the R-M development criteria and the City's Single-Family
Architectural Guidelines. Therefore, the Development Servicas Department is
recommending approval of the applicanfs request, subject to the conditions listed
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GENERAL INFORMATION
APPLICANT: Ms. Anni Wei, owner
LOCATION: 383 Torrey Pines Drive
REQUEST: A waiver of the following conditions of approval in Sections 3.8
and 3.11 of City Council Resolution No. 5274 for a deck that
extends from the top of the slope on the west side of 383 Torrey
Pines Drive:
3.8. That no stem wall construction shall ~ permitted.
3.11. If the slope height is greater than 20 feet, then the setback
from the top of the slope shall be not less than 20 feet.
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LOT AREA: 42,857 square feet (0.985 acre)
FRONTAGE: 133.14 feet along Torrey Pines Drive
EXISTING LAND USE & ZONING:
The property is improved with a two-story, 5,800 square-foot,
single-family residence, a three-<:ar garage, and a swimming pool
that were constructed in 2004. The property is zoned R-M.
SURROUNDING LAND USES & ZONING:
The surrounding properties are developed with similar single-
family residences, and are zoned R-M.
GENERAL PLAN DESIGNATION:
Single-Family Residential - 0 to 6 dwelling u!lits per acre.
PUBLIC HEARING NOTIFICATION
Public hearing notices for application no. RM 08-01 were mailed on July 30, 2008
to the property owners, tenants and occupants of those pro~rties that are within
300 feet of the subject property, and/or are within Tract No. 42936 (Whispering
Pines Estates - Phase II) as shown on the attached aerial map. The R-M
regulations require 3oo-foot notification, but because City Council Resolution No.
5274 applies to all of Tract No. 42936, staff expanded the notification to include all
of the properties in Tract No. 42936.
BACKGROUND
Tract No. 42936 and Residential Mountainous Development Permit application no.
RM 85-01 for Phase Two of Whispering Pines Estates were approved on appeal
by the City Council in January 1986. City Council Resolution No. 5274 lists the
conditions of approval for RM 85-01.
The subject property (Lot 10 of Tract No. 42936) is imprQved with a two-story,
5,800 square-foot, single-family residence; a three-<:ar g~ge, and a swimming
pool. These improvements were completed in 2004.
In early 2007, the City's Code Services issued a Notice of Violation citing eight (8)
items, including the illegally constructed deck. The deck is the only remaining
violation, and on May 28, 2008, application no. RM 08-01 was submitted to keep
the deck. After consulting with Building Services and the Fire Prevention Bureau,
the attached plans were prepared to retrofit the deck so that it will comply with
current building and safety regulations.
RM 08-01
I 383 Torrey Pines Dr.
August 12, 2008
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Residential Mountainous Development Permits are to be approved by the
Planning Commission. However. because RM 85-01 was approved by the City
Council on appeal. this application to waive certain conditions of approval that are
specified in City Council Resolution No. 5274 must be approved by the City
Council. Therefore. in this case. if the Planning Commission approves application
no. RM 08-01, the decision will be forwarded to the City Council for their
consideration and action. If the Planning Commission denies this application, the
applicant may appeal to the City Council.
EVALUATION CRITERIA
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Section 9250.5.9 of the R-M Zoning Regulations lists the following criteria for the
evaluation of RM Development Permit applications:
A. The following criteria shall be considered in assessing' the application for a
development permit:
1. Extent of grading required for the reasonable use of the property.
2. Visual impact of the proposed project.
3. Relationship of the proposed project to adjoining properties and/or
structures.
4. Adequacy of proposed landscaped areas, drainage facilities, erosion
control devices and other protective devices.
5. Adequacy of fire equipment access.
6. Extent of preservation of existing ridge and aestlines.
7. Extent of attempt to have roads follow existing contours.
8. Developability of sites. I
B. An application shall be denied if. in the judgment of the! City. based upon the
purpose of this Division. the proposed wor1< or design oflthe lots and streets in
the development would:
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1. Cause excessive or unnecessary scarring of the natural terrain and
landscape through grading or removal of vegetation;: or
2. Cause unnecessary alteration of a ridge or aestline;! or
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3. Unnecessarily affect the view from neighboring sites; or
4. Would adversely affect existing development or retard future development
in this zone; or
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RM 08-01
383 Torrey Pines Dr.
August 12. 2008
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5. Be inconsistent with the provisions of this Division.
C. In granting a development permit, the City may impose conditions which may
be reasonably necessary to prevent danger to publiC or private property or to
prevent the operation from being conducted in a manner likely to create a
nuisance. No person shall violate any conditions so impbsed in said permit by
the City of Arcadia. Such conditions may include, but not be limited to any of
the aforementioned requirements of this Division. The City Engineer or a
designated alternate may issue a permit for any emergency hillside work that
may be necessary to prevent danger to public or private property.
PROPOSAL AND ANALYSIS
The applicant is requesting to be allowed to keep and retrofit an open, uncovered
deck that was built without approvals or permits along the' westerly edge of the
building pad at 383 Torrey Pines Drive - see the attached photographs. The deck
requires two waivers from the restrictions of City Council R~solution No. 5274: 1)
Because the underside of the deck is required to be enclosed to prevent the
accumulation of flammable debris; and 2) because the deck is not set back 20 feet
from the top of the slope.
The applicant explained that she and her parents were unaWare that the deck and
the other structures were violations of the City's regulations; They have resolved
all of the violations, except for the deck, which is the o,ne structure that the
applicant wishes to keep. The applicant has provided plans and engineering
reports to show that the deck can be made to comply with the required Building
and Safety Codes, and has stated that the existing landscaping, which screens the
deck, will be preserved both during and after the retrofitting of the deck.
Waiver No. 1 - Condition No. 3.8
. That no stem wall construction shall be permitted. I
In order to comply with the Fire Prevention Bureau's requi~ments, the underside
of the deck must be enclosed with at least lattice sC/"8!i'ning to prevent the
accumulation of flammable debris underneath the deck. This enclosure is
considered a type of stem wall that is prohibited by Condition No. 3.8 of Resolution
No. 5274.
Condition No. 3.8 was imposed to preserve the app~ce of the slopes by
preventing structures from being built on the slopes. Attached are photographs
taken by the applicant that show that the deck is not visible from the properties to
the west that are at lower elevations, and the applicant has stated that the existing
landscaping will be maintained. Therefore, the deck is not I)aving a visual impact
on the hillside. '
RM 08-01
383 Torrey Pines Dr.
August 12, 2008
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VIlaiver NO.2 - Condition No. 3.11
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. If the slope height is greater than 20 feet, then the setbapk from the top of the
slope shall be not less than 20 feet.
This condition was imposed to somewhat alleviate the visual impacts of the new
development. The 20-f00t setback does little to address the views of the houses,
but it does prevent accessory structures, such as fences and patio covers, from
further altering the appearance of the top of the slope.
The applicant's deck extends almost 10 feet out from the top of the slope. At its
outer edge the height of the deck and railing is about nine feet. And, the eight-foot
tall light fixtures are along the edge of the top of the slope. The applicant's
photographs, however, show that the deck and the light fixtures are not visible
from the properties to the west that are at lower elevations.' And, staff has seen
that at nighttime, it is difficult to discern the patio lights from the lights of the
houses and the other backyard lighting of the Whispering Pines Estates. If low-
wattage bulbs are used, the patio lighting would be even lesS noticeable.
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It is staff's opinion that the deck and lighting have had a ininimal visual impact
upon the hillside and the neighboring properties, and that th~y are not inconsistent
With the provisions of the R-M zoning, provided that the conditions listed in this
report are complied with.
Architectural Desion Review I
The Whispering Pines Estates conducts architectural design review through its
homeowners' association, and the applicant has been in co/1tact with them about
the deck. However, Whispering Pines Estates is not an essociation that is
designated by the City for architectural design review purposes. Therefore,
concurrent with the consideration of this Residential Mountainous Development
Permit application, the Planning Commission is to approve, conditionally approve,
or disapprove the architectural design of the deck and lights.
The only architectural change proposed for the deck is the a!idition of the redwood
lattice to enclose the underside of the deck. This material is to be consistent with
the deck. Stafl's opinion is that the deck and lights with the existing landscaping
are visually harmonious with the surrounding developme$, and that they are
consistent with the City's Architectural Design Review Guidelines.
CODf; REQUIREMENTS
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The d~ and lights are subject to permits and inspections ~nd are required to be
in compliance with all applicable Code requirements and policies as determined to
be necessary by the Building Official, Fire Marshall, City Engineer, Community
RM 08-01
383 Torrey Pines Dr.
August 12, 2008
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Development Administrator, and Public Works Services Director. Compliance
requirements are to be determined by having fully detailed construction plans
submitted for plan check review and approval.
This application was submitted to resolve violations of the ArCadia Municipal Code,
including building and safety codes. As such, regardless of whether, or not this
application is approved, compliance must be achieved in a timely manner. If the
application is approved, permits are to be obtained and the; retrofitting work is to
begin within 30 days. If the application is denied, removal ofithe deck and lights is
to begin immediately. :
CEQA
The proposed project is categorically exempt from the 'requirements of the
California Environmental Quality Act. The project involves the construction and
location of small accessory structures. This meets the requirements for a Class
3(e) exemption under Section 15303 of the CECA Guideline~.
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RECOMMENDATION
The Development Services Department recommends approval of Residential
Mountainous Development Permit No. RM 08-01 and its architectural design
review, subject to the following conditions: I
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 08-01 to the
satisfaction of the Building Official, Fire Marshall and Community Development
Administrator.
2. The brightness of the light fixtures along the edge of thJ 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 harml~s 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 ~all promptly notify the
applicant of any claim, action, or proceeding concern!ng the project and/or
land use decision and the City shall cooperate fully in the defense of the
RM 08-01
383 Toney Pines Dr.
August 12, 2008
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matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employee~, and agents in the
defense of the matter.
4. The approval of applicetion no. RM 08-01 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 cqnditions of approval.
p"LANNING COMMISSION ACTION
Aooroval
The Planning Commission should move to approve application no. RM 08-01 and
its architectural design review, and direct staff to prepare a resolution for adoption
at the next meeting that incorporates the Commission's decision, the categorical
exemption, the conditions of approval as listed in this report,or as modified by the
Commission, and the Commission's specific reasons and determinations that
support a finding that the deck and light fixtures are consistent with the provisions
of the R-M Zone.
After adoption of the resolution, this application will be forwarded to the City
Council for their consideration and action.
Denial
The Planning Commission should move to deny application no. RM 08-01 and its
architectural design review, and direct staff to prepare a resolution for adoption at
the next meeting that incorporates the Commission's decision and the specific
determinations, reasons and findings in support of the decision.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this project prior to the August 12th hearing, please contact
Jim Kasama at (626) 574-5423.
Attachments:
Aerial Photo
Photos of Deck
Plans
Preliminary Exemption Assessment
RM 08-01
383 Torrey Pines Dr.
August 12, 2008
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