Burbank OKs 129-House Project : Verdugo Hills: The city will withhold a grading permit for the site until the builder proves that he will replace a federally protected wetlands.

Mired for nearly eight years in bitter public debate, a proposal to build 129 luxury homes in the Verdugo Mountains above Burbank has been given the City Council’s reluctant blessing, but the developer was forbidden to begin construction until he proves that wetlands on the site will be replaced.

By a vote of 3 to 1, with Councilman Robert Bowne abstaining, the council Tuesday approved Sherman Whitmore’s controversial plans for 117 acres he owns in Cabrini Canyon. But the council directed the city’s public works director to withhold a grading permit until Whitmore can show that he has offset the potential destruction of 1.4 acres of federally protected wetlands which will be destroyed when 2.2 million cubic yards of dirt are bulldozed.

Whitmore is required by federal law to create or enhance at least 3 1/2 acres of habitat elsewhere. Although Whitmore would have been required to provide plans for wetlands mitigation to federal officials anyway, withholding the grading permit forces him to complete plans for the conservation work before building can start.

Threatened with a legal challenge by Whitmore if they rejected his project, Mayor Thomas Flavin, Vice Mayor Michael Hastings and Councilman Tim Murphy approved the development. All three said before voting that their action was to protect the city from a lawsuit by Whitmore. Because Whitmore’s project was tentatively approved by a previous council, current members were legally bound to allow the project to proceed.

Councilwoman Mary Lou Howard, a longtime opponent of Whitmore’s plans for the hillside, dissented.

Bowne abstained from discussion and voting after several people at the meeting questioned whether he had reserved one of the lots in Whitmore’s tract.

Bowne denied the allegations, saying he excused himself to avoid “the unnecessary and unfair criticism” of a conflict of interest.

Whitmore has fought for nearly eight years for city permission to build the houses. The proposal generated widespread opposition from conservationists, who wanted the hillside area left undeveloped.

In a final effort to quash the project, more than 50 opponents crowded the City Council chambers and hinted that they may pursue legal action to reverse the council’s decision.

“Do not allow the threat of litigation to sway you because there is potential for litigation from both sides,” said Connie Wilson of the Burbank Mountain Reserve Protection Assn.

Council members spent nearly an hour Tuesday grilling City Attorney Joseph Fletcher in hopes of finding legal grounds to reject Whitmore’s project. But Fletcher said the council was legally bound to approve it.