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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 -2- 1806 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. -3- 1806 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