HomeMy WebLinkAbout1806RESOLUTION NO. 1806
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, APPROVING RESIDENTIAL
MOUNTAINOUS DEVELOPMENT PERMIT NO. RM 09 -01 FOR A
NEW HILLSIDE CUT AND -FILL DRIVEWAY, MOTOR COURT,
AND SWIMMING POOL AT 310 WHISPERING PINES DRIVE.
WHEREAS, on July 8, 2009, a Residential- Mountainous Development
Permit application was filed by Mr. Patrick Bluth of Bluth Development for
approval of a new hillside cut and -fill driveway, motor court, and swimming pool;
Development Services Department Case No. RM 09 -01, at property commonly
known as 310 Whispering Pines Drive; and
WHEREAS, a duly noticed public hearing was held by the Planning
Commission on October 13, 2009, at which time all interested persons were
given full opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the staff report dated October 13, 2009 are true and
correct.
SECTION 2. This Commission finds:
1. That 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 crestline; or
c. Unnecessarily affect the view from neighboring sites; or
d. Adversely affect existing development or retard future development in
this zone; or
e. Be inconsistent with the provisions of Division 0 of Part 5 of Chapter 2
of Article IX of the Arcadia Municipal Code.
2. That the use applied for will not have a substantial adverse impact on
the environment, and that the evaluation of the environmental impacts as set
forth in the initial study are appropriate within the meaning of the California
Environmental Quality Act of 1970, and therefore, a Negative Declaration was
approved.
SECTION 3. That for the foregoing reasons this Commission approves
Residential- Mountainous Development Permit No. RM 09 -01 for a new hillside
cut and -fill driveway, motor court, and swimming pool at 310 Whispering Pines
Drive, subject to the following conditions:
1. The cut and -fill driveway shall be constructed and maintained in a
manner that is consistent with the plans and materials submitted and approved
by application no. RM 09 -01 to the satisfaction of the Building Official, City
Engineer, Fire Marshal and Community Development Administrator.
2. All proposed slopes as shown on the grading drainage plan for the
project shall not exceed 2:1 (max. slope) per 2007 CBC requirements.
3. The applicant shall submit to the Community Development
Administrator for his /her approval an updated Soils Report indicating the
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geotechnical engineer's recommendations for the proposed retaining wall and
driveway prior to permit issuance.
4. The proposed driveway shall be constructed per City of Arcadia
Standards and shall not have Tess than ten (10) feet of unobstructed vertical
clearance.
5. 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 City, its officers, employees, and agents in the defense of the matter.
6. The approval of application nos. RM 09 -01 and MC 09 -23 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 Secretary shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 13th day of October, 2009.
ATTEST:
ry, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chair an, P nning Commission
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF ARCADIA
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia,
hereby certify that the foregoing Resolution No. 1806 was passed and adopted by the
Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by
the Secretary at a regular meeting of said Planning Commission held on the 13th day of
October 2009 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille
NOES: None
Secreta i the Planning Commission