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

PURPOSE:

To reconsider the City Council�s decision to deny 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:

On March 1, 2005, the City Council held a public hearing regarding Project No. 2004-105, a request by Arsen and Ripsime Retchian to construct a 3,210 square foot home at 1011 La Rambla. The applicants had appealed the Planning Board�s decision to deny the application without prejudice. After closing the public hearing and deliberating, the Council denied the appeal by a vote of 4-0 (Mayor Ramos was absent).

After the March 1 hearing, the applicant� s representative, Gary Yamada, sent several letters to the City Council and appeared during oral communications of the City Council meeting of March 8, 2005, to request that the City Council reconsider its decision. This request was based upon the willingness of the applicants to modify the project design in a manner which might lessen the Council�s concerns. The Council previously has directed the City Attorney to return with a resolution reflecting their action on March 1, 2005. The City Manager directed the applicant�s representative to pay for the costs of noticing a hearing for March 29, 2005, and at that time the Council could either adopt the resolution reflecting its March 1, 2005 action or provide a different direction to staff.

Project Modifications

Since the previous City Council hearing, the applicant has modified the plans to remove a family room area on the top level of the home. This area has been replaced with an open balcony in an attempt to further protect the views enjoyed from the neighboring property. In an effort to retain a similar total floor area, the setback from the north property line has been reduced from 15.5 feet to 12.5 feet. This increases the size of the living room and dining room, as well as the master bedroom on the lower level.

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.

Exhibit              A         City Council Staff Report dated March 1, 2005

Exhibit              B          Revised Project Plans

Exhibit              C         Written Public Comments

CONDITIONS OF APPROVAL

Project No. 2004-105 � Conditional Use Permit

(1011 La Rambla � Arsen and Ripsime Retchian, Applicants)

Project No. 2004-105, a Conditional Use Permit, authorizes the construction of a new 3,210 square foot residence with a 482 square foot attached garage on the subject property.

Development of the subject property and operations on the site shall remain in substantial conformance with the request and with the application forms and plans (stamped Exhibits B-1 and B-2) submitted by the applicant, approved and/or modified by the City Council, and placed on file in the office of the Planning Division, except as modified by the conditions herein, or by subsequent modifications determined by the City Planner to be in substantial compliance with these conditions of approval.

This conditional use permit may be modified or revoked by the City should it be determined that the proposed use or conditions under which were permitted is detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the use is maintained so as to constitute a public nuisance.

Prior to issuance of building permits, a landscape plan shall be submitted in accordance with Hillside Landscape Standards to provide irrigation to hillside plantings and enhance survivability. All landscape plans are subject to the approval of the Community Development Director, Fire Chief, and the Parks, Recreation, and Community Services Director.

All retaining walls shall be screened with landscaping that uses
a combination of trees, shrubs and or vines to soften the appearance of the walls for the surrounding neighbors to the satisfaction of the Community Development Director, Fire Chief, and Parks, Recreation, and Community Services Director.

The existing retaining wall located along and parallel to the southerly property line of the subject property shall be inspected by the City of Burbank to determine if said wall is in compliance with applicable Code requirements. If said wall is not in compliance with applicable Code requirements, said wall shall be modified to comply with all requirements to the satisfaction of the City of Burbank.

Italian cypress or comparable trees shall be planted along, and in front of the outside stairway located at the southwesterly portion of the proposed residence. The number and size of said trees shall be to the satisfaction of the Community Development Director.

The debris fence as described in the project�s soils and geologic report shall be located along the entire width of the southerly property line to the satisfaction of the Community Development Director.

The maximum height of the building shall be thirty-five (35) feet as measured from the lowest point upon the perimeter of the foundation of the structure exposed above groundsurface, after grading, to the highest point of the roof or parapet wall, whichever is higher.

No construction activities may occur outside the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday.

The name and telephone number of a person who will be available during the hours of construction at the subject property shall be posted in a conspicuous place on the exterior of the property. The contact person shall be the homeowner, owner's representative, or other similar person who has sufficient authority over the project's construction at all times to address any problems that may disturb neighbors.

The final grading plan for the project shall include to the satisfaction of the Building Official provisions for a construction vehicle staging area, routine street clean-up procedures, and measures to control fugitive dust emissions for the site as outlined in the City's dust control policy and from the vehicles associated with grading and construction activity as they move to and from the site. 

The applicant shall comply in a manner satisfactory to the City Planner with all mitigation measures as stated in the Mitigated Negative Declaration prepared for the project, which are as follows:

a)      The developer shall use energy efficient equipment that produces low particulate and nitrogen oxide emissions when available to the satisfaction of the Building Official. 

b)      The developer shall cease use of equipment during second and third stage smog alerts as issued by the South Air Quality Management District (SCAQMD) 

c)      The developer shall cease grading and water use during periods in which the wind exceeds twenty (20) miles per hour.

d)      The developer shall use a water truck, hose, or other appropriate device during grading and excavation phases to control fugitive dust.

e)      Adequate off-street parking shall be provided for all construction personnel to the satisfaction of the Public Works Director and the Chief of Police with particular attention paid to having no on-street parking on Skyline Drive.

By using this permit, the permittee acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with full awareness of the provisions of Burbank Municipal Code Sections 31-1951 and 31-1952. Failure of the permittee to sign these conditions does not affect their enforceability by the City or other responsible entity. These conditions are binding upon all future property owners and occupants of the subject property.

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