APPEAL OF PROJECT NO. 2004-105 - CONDITIONAL USE PERMIT

PURPOSE:

 

To consider an appeal of the Planning Board�s decision to deny without prejudice a request by Arsen and Ripsime Retchian to construct a two (2) story, 3,210 square foot single family home on a hillside property located at 1011 La Rambla. The appeal was received from the applicants.

 

BACKGROUND:

 

Property Location: The subject property is located at 1011 La Rambla (Portions of Lots 2 and 3 of Tract No. 9019 as described in Parcel 2 of Lot Line Adjustment No. 99-3 as described; Document No. 99-1697387).

 

Zoning: The subject property is located within the R-1 Single Family Residential zone. Adjacent and abutting properties are zoned R-1. (Exhibit A-1) The property is located within Fire District No. 4 and has an average slope of greater than twenty (20) percent. As such, development on the property is subject to the City�s Hillside Development Standards (BMC 31-674 et seq.).

 

General Plan Designation: The Land Use Element designates the property for Single Family uses.

 

Property Dimensions: The property is roughly trapezoidal in shape with a total area of 9,108 square feet. The narrowest side of the property, along La Rambla, has approximately eighty-five (85) feet of frontage.

 

Street Classifications: La Rambla is designated as a Local Street with a thirty (30) foot right-of-way (24 feet paved with 3 foot parkways).

 

Current and Past Development of the Site: The subject property is presently unimproved with the exception of an existing driveway that provides access to the subject property and the neighboring property located at 1007 La Rambla. The driveway is located within an ingress/egress easement benefiting 1007 La Rambla.

 

In 1999, the City of Burbank approved a lot line adjustment to combine three (3) lots (Lots 1-3 of Tract No. 9019) into two lots, 1007 La Rambla and 1011 La Rambla. This combined the majority of Lots 1 and 2 together while increasing the size of Lot 3 by incorporating the remainder of Lot 2. (Exhibit B-2)

 

In 1987, an application for conditional use permits, variances, and a lot line adjustment was submitted to construct three (3) houses on Lots 1 through 3. The three (3) houses were all relatively large with two (2) of the houses requiring a variance from height requirements. The house that was proposed on the subject property (Lot 3) was forty-seven (47) feet tall. All of these requests were denied as a result of concerns regarding the proposed density and massing of the development, including the effect of on views enjoyed by neighboring property owners.

 

Project Description: The applicants, Arsen and Ripsime Retchian, request authorization to construct a 3,210 square foot single family home on the subject property. The proposed house consists of a 1,704 square foot first floor level which is level with the driveway area and a 1,506 square foot lower level. The proposed house is to be cantilevered over an existing downslope and supported by caissons. Portions of the lower level will be built into the hill, necessitating approximately 270 cubic yards of cut. An equivalent amount of fill is proposed in the area between the caissons and a retaining wall that screens the caissons and supports a proposed deck at the rear of the building. 

 

Municipal Code Conformance: The subject property is located within the boundaries of Fire District No. 4 and has an average slope of over fifty (50) percent for the entire property. As such, development on the site is subject to the standards set forth for hillside development in the Burbank Municipal Code. Section 31-677 of the Burbank Municipal Code requires approval of a conditional use permit prior to issuance of any building or grading permit on a hillside property.

 

On September 14, 2004, the City Council adopted Ordinance No. 3646, an interim development control ordinance (IDCO) which modified maximum development standards within the R-1, R-1-E, and R-1-H zones for a forty-five (45) day period. On October 26, 2004, the City Council extended the IDCO until June 30, 2005. This ordinance reduced the height and floor area ratio (FAR) permitted within single family zones. Pursuant to the current IDCO standards, building heights are limited to a maximum of twenty-three (23) feet to the top plate with roof and architectural features permitted to exceed that height up to thirty (30) feet. The maximum permitted FAR was reduced to 0.45 excluding garage areas. While the Planning Board action on this item occurs within the period of the IDCO, the project is not subject to the new standards as it was accepted as complete prior to the adoption of the IDCO. As such, the project is subject to conformance with Municipal Code standards relates to the standards in place prior to the IDCO. However, since the project requires a conditional use permit, the Board may place restrictions on development if a nexus can be established relating the restriction and an impact of the project. As shown in the table below, the structure conforms to IDCO requirements for FAR but does not meet the new height standards.

 

Compliance with Municipal Code Requirements

 

 

Planning Board Action: The Planning Board conducted public hearings on the project on October 25, 2004 and December 13, 2004. During the first hearing, the Board raised concerns regarding the impact of the proposed project on neighboring views, the location of off-street parking spaces, and erosion control on the site. Specifically, the Board made a request for a view shed analysis to be conducted for the project and requested the attendance of the geotechnical engineer for the project at the next hearing. Several members of the Board also indicated an interest in potentially increasing the side yard setback from the east property line as a means to minimize the project�s impact on views.

 

As a result of these comments, the applicant provided the Planning Board with a view shed analysis prior to the second public hearing. Additionally, in an attempt to further reduce the project�s potential impact on views enjoyed by the neighboring property, the chimney was relocated and the southeastern corner of the building was redesigned with a diagonal wall to open up the view corridor.

 

During the second hearing, the Board heard testimony relating to the impact the proposed property would have on the views and privacy enjoyed by surrounding property owners. Several members of the Board expressed concerns regarding the impact of the project on the view shed of the neighboring property. The majority of the Board concurred that the project could be redesigned to be more compatible with existing development in the vicinity.  One Board Member felt that the project was hindered by the existing driveway easement on the property and that building so far back from the front lot line makes the project incompatible with the surrounding area.

 

The Board voted 4-1 to deny the project without prejudice (Resolution attached as Exhibit F-1; minutes for October 24, 2004 and December 13, 2004 attached as Exhibits F-2 and F-3).

 

Public Correspondence: Staff received two (2) phone calls from neighboring property owners. The first owner (abutting to the east) was not generally opposed to the development of the lot but was concerned about the impact the project would have on current views. The second property owner was concerned about the aesthetic impacts for downhill properties and the potential for debris slides and drainage impacts. Both of these neighbors spoke at the previous public hearings.

 

The project�s impacts on view corridors and the proposed skirting/screening are discussed later in this report. The project is required to meet all Building Code requirements regarding drainage and to mitigate the potential of debris slides.

 

Appeal: On December 28, 2004, the applicants, Arsen and Ripsime Retchian, filed an appeal of the Planning Board�s decision with the Planning Division. (Exhibit G) The appeal letter identifies six (6) points that are grounds for overruling the Planning Board�s decision, including, but not limited to, the project�s compliance with Municipal Code requirements, the inclusion of additional conditions of approval to further protect neighboring properties, and the view shed analysis.

 

ANALYSIS:

 

Surrounding Neighborhood: The subject property is located within a hillside residential neighborhood. The original subdivision of this area occurred in 1926. According to assessor�s records, the oldest homes in the immediate vicinity of the project were finished to their current size in the 1950s. Most of the houses in the area were developed by the 1970s. Houses in the area range in size from 1,260 square feet to nearly 4,000 square feet. Many of the properties in the area are constructed on fairly steep hillsides and are either constructed on flat building pads or using caissons.

 

Development Standards and Project Characteristics: Section 31-680 of the Burbank Municipal Code established minimum development standards for hillside projects. In addition, certain issues, such as grading activities, are commonly of interest in the evaluation of hillside developments.

 

Parking

Each hillside residential dwelling unit is required to provide off-street parking for a minimum of four (4) automobiles, two (2) of which are to be located in a garage or carport. The plans submitted indicate that a two (2) car garage is to be provided for the site. The remaining two (2) parking spaces are to be provided in the front of the house. The first is proposed to be located in tandem with the garage. The second space is to be located in newly paved area of the front yard parallel to the front property line. Neither parking space will block access to the shared driveway.

 

Roofing Material

Due to concerns over fires, the Burbank Municipal Code prohibits wood roofing material for hillside developments unless the material is Underwriter Laboratory Class B approved. The proposed roof deck above the bathroom facilities complies with this standard.

 

View Corridors

The Municipal Code requires that the preservation of existing views be considered in the evaluation of all new hillside development projects. In general, development affects views in two (2) main ways, by blocking view corridors of neighboring properties and by developing an area which is the view of other properties. As the subject property is located in the midst of other residential properties and is oriented in a manner that is not easily viewed from other properties, the latter is not a significant concern.

 

The design of the proposed home utilizes the slope of the hillside to develop a two (2) story structure that minimizes the amount of view that is blocked. The building is effectively one (1) story from the perspective of neighboring properties on La Rambla. However, the neighboring property, located at 1015 La Rambla, is constructed at an elevation similar to the proposed project. As a result, despite the building design, the proposed home will obstruct a portion of the views currently enjoyed by 1015 La Rambla, particularly views from two (2) balconies towards Burbank. (Exhibit A-3)

 

Staff consulted with the Building Division to determine whether design solutions could be incorporated into the proposed project that might lessen the impact on neighbors� views (e.g. lowering the building). Building Division staff indicated that any changes to reduce the profile could impact the cost of the project significantly. Additionally, it was noted that the proposed roof pitch and ceiling heights were fairly modest.

 

Pursuant to the Planning Board�s request, the applicant  prepared photographic simulations of the building from the perspective of the neighboring property. (Exhibit E-1) The simulations indicate that the proposed project modifications will increase the amount of view remaining for the neighboring property. Additionally, the simulations indicate that a substantial amount of the existing view enjoyed by the neighboring property owner from the interior of their home will be unaffected as a result of this project, particularly those views of Griffith Park and Downtown Los Angeles. The proposed construction has less impact on existing views enjoyed from the deck on the exterior of the house.

 

Architectural Treatments

The Municipal Code requires that any exposed area below an occupiable living space or garage be fully enclosed or skirted with wall. The proposed home is to be supported by caissons. The caissons are proposed to be screened by a split face, dirt colored concrete block wall that surrounds all exposed portions of the foundation.

 

Height

Section 31-680(e) of the Burbank Municipal Code limits buildings to a height of thirty-five (35) feet as measured from the lowest point upon the perimeter of the foundation of the structure exposed above ground surface, after grading, to the highest point of the roof or parapet wall, whichever is higher. The proposed home, when constructed, will have a maximum height of thirty-five (35) feet, consistent with code requirements.

 

Fire Department Review

All hillside developments are required to be reviewed by the Fire Department to determine adequate fire prevention requirements. The Fire Department has reviewed and commented on the subject project (Exhibit C-2). No specific requirements were identified as part of the Fire Department review and no objections were raised to the project. Additionally, the Fire Department would again have the opportunity to review this project prior to the issuance of any required building permits.

 

Grading

The project involves some grading to construct the lower level of the home and some fill activities to assist in the support of the caissons. The project is anticipated to require approximately 270 cubic yards of cut and 270 cubic yards of fill, meaning no import or export of fill material is required.

 

Noise

It can be anticipated that the surrounding area will experience a temporary increase in noise levels during construction activities. Construction noise can be particularly bothersome during the early morning, evenings, and weekends. The Burbank Municipal Code specifically limits construction activities within 500 feet of residential zones, prohibiting construction outside of the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. However, these restrictions are not applicable to development in the R-1 zone. Staff has proposed a condition of approval establishing construction hours consistent with these standards and prohibiting construction activities on Saturday because of the proximity of the construction area to other homes in the vicinity and the nature of the equipment utilized for construction of this type.

 

Traffic

During construction, additional vehicle trips on both La Rambla and Paseo Redondo are expected as a result of construction related traffic, including, but not limited to truck traffic to bring in any necessary equipment. This is of particular concern because La Rambla has a narrow width and substantial grade which would make parking on the street difficult. Furthermore, La Rambla has a substantial curve that affects site lines. Mitigation measures have been included as part of the project that will insure that adequate parking be provided for construction activities and that warning signs and flagmen be utilized to notify people of the ingress and egress of trucks and equipment.

 

Aesthetics

The project site, with the exception of the existing driveway, is generally in a natural condition with a mixture of shrubs and trees. The proposal would result in the removal of some of this material in order to construct the house and the proposed retaining wall skirting the foundation. The existing vegetation at the rear of the property, which includes shrubs and three (3) trees, will be kept. Staff has proposed conditions of approval that would enhance the landscaping along the retaining wall in an attempt to soften the massing of the wall.

 

During the Planning Board�s hearings, concerns were raised by the downhill neighbors regarding the impact of the proposed project on the privacy and aesthetic character of their back yard. Specifically, concerns were raised regarding the proposed deck area at the rear of the house, which would overlook their back yard and pool area. In an attempt to address these issues, the applicant has proposed the installation of trees in order to screen the view of the back yard from the deck. Additionally, the orientation of the proposed deck and house on the property is such that the neighboring back yard is at an angle from the focus of the deck views.

 

The neighboring property owners are also concerned about the massing of the proposed house and its effect on exposure to natural light. The proposed construction will change the natural character of the hillside currently enjoyed by neighboring properties. However, the proposed construction is not unlike development that has occurred elsewhere in the City under similar conditions. Furthermore, the proposed house is located to the north of the downhill property and is not likely to create any impacts on exposure to natural light.

 

Density

The Burbank Municipal Code establishes floor area ratios for development to limit the potential for overbuilding on a site. At the time the application was submitted, the maximum amount of floor area permitted in hillside areas was either sixty (60) percent of the lot area or 120 percent of the pad area, whichever was smaller. Since the project does not involve the construction of a building pad, the density is limited by only the lot area. On September 14, 2004, the City Council adopted an IDCO which reduced the floor area ratio to forty-five (45) percent of lot area.

 

Since the subject application was received and deemed complete prior to the adoption of the IDCO, it is not subject to the standards adopted by the IDCO. However, the proposal is within both the previous and newly adopted standards.

 

Potential Site Plan Modifications

Based upon comments raised by the Planning Board, the applicant has provided an elevation view of the project with a ten (10) foot side yard setback. (Exhibit E-2) While such a shift is likely to improve the amount of view shed remaining for the neighboring property, the slope of the driveway makes access to the garage challenging when the building is shifted. Additionally, such a change is likely to increase the height of caissons and massing on the downhill property as the property increases in slope in the area that the building would be shifted.

 

The Board also discussed the possibility of reducing the depth of the house to allow for increase field of view and minimize impacts on downhill properties. As noted previously, the applicant has modified the building footprint to enhance the view corridor by cutting a corner from the building. Further enhancement of view shed is possible by reducing building depth. However, such a reduction would result in a substantial redesign of the project floor plans because of its impact on the dimensions of the family room and kitchen. Furthermore, it is staff�s assessment that the impact on the view shed is not substantial enough to warrant such modifications.

 

Department Comments: The subject application was routed to City departments and divisions for review and comment. All code related comments from the department and divisions (Exhibits C-1 through C-5) have been included in the partial list of code requirements.

 

Environmental Status: Pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration has been prepared for the project which indicates that, with the incorporation of the proposed mitigation measures, the project will not have a significant impact on the environment. The Mitigated Negative Declaration specifically identifies potential impacts and mitigation relating to air quality and transportation. (Exhibits D-1 and D-2)

 

CONCLUSION:

 

Requirements for Granting of a Conditional Use Permit

 

(1)   The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by Chapter 31 of the Municipal Code.

Section 31-677 of the Burbank Municipal Code requires approval of a conditional use permit in order to conduct grading activities or to construct a home on an ungraded property within the hillside area.

 

(2)   The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.

The construction of a new single family home is consistent with the development of other lots in the area. While the project will decrease the views available from one (1) neighboring property, any development on this property would likely result in similar effects. Furthermore, the amount of impact to the view is not substantial in relationship to the total view currently enjoyed.

 

(3)   The use will be compatible with other uses on the same lot, and in the general area in which the use is proposed to be located.

The proposed home is compatible in size and style with other homes in the general area. The proposed location of the parking spaces will insure that adequate width of access can be provided for the neighboring property at 1007 La Rambla. Other properties in the area are constructed upon caissons and cantilevered over the downslope.

 

(4)   The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, fences, landscaping, and other features required to adjust the use to the existing or future uses permitted in the neighborhood.

The proposed construction is consistent with required setbacks for the property. The property size is large enough to accommodate both the proposed 3,210 square foot home and garage.

 

(5)   The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.

Once constructed, the project is not anticipated to generate substantial additional traffic in the area. Furthermore, since the existing driveway for 1007 La Rambla also serves the project site, the project does not require the construction of an additional driveway that might create a hazard. Additional traffic is anticipated during the construction phase as a result of the ingress and egress of workers and equipment. However, the amount of traffic generated is not anticipated to exceed the capacity of La Rambla.

 

(6)   The conditions imposed are necessary to protect the public health, convenience, safety, and welfare.

The conditions of approval for this project are intended to insure that there are no impacts on the surrounding neighborhood.

 

RECOMMENDATION

 

Staff recommends that the City Council approve the appeal and reverse the Planning Board�s decision to deny Project No. 2004-105, a conditional use permit, without prejudice.