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Resident and Preserve Burbank Member Appealing A Conditional Use Permit (CUP) For A Single Family Home Circumventing Burbank Municipal Codes
Our current building code stipulates that the top of plate height is measured from the lowest point on the existing grade of the lot.
It now appears the work-around for this height restriction is to apply for a CUP which in this case would allow the applicant to measure the top plate height NOT from the lowest point on the existing lot (which slopes approximately 4 feet from the high side to the low side) but from the "average height of the lot." This is not allowable in our current code so a Conditional Use Permit, which requires a public hearing and Planning Board approval to pass must be applied for. If you look up the term "Conditional Use Permit" you will find that it is typically used to allow a change in the USE of a parcel of land that might conflict with the zoning in that area. The best example is granting a CUP for a church to be built in a single-family neighborhood. In this case, the applicants aren't asking to use the property differently, but instead to change the way the top of plate height is calculated for their project. They want 9 foot 6 inch high ceilings on the main floor and 8 foot ceilings on the second. By using the average lot elevation instead of the lowest elevation, they do not have to excavate the lot an additional 2 feet. This is a huge cost savings to the applicant but the height increase reduces the privacy and views of neighbors.
Multiple public records requests have been dismissed by staff, and in a meeting with the planner on this project it is staff's belief that the CUP should simply be granted because the code allows for an owner to request it. We have been unable to obtain any records of staff proposing alternate options including lowering the first floor ceiling height or simply excavating the additional depth.
The project has maxed out the Floor Area Ratio (FAR) for the lot size and the "prairie style" roof is a lower pitch so it does not exceed the maximum height allowable.
The position of the Planning Board seems to be that if you follow most of the codes, and you are a nice family with lots of friends who come out to support you, you should be able to get a pass on the top plate measurement location. One Planning Board member even commented that there didn't seem to be enough people in attendance NOT in support of the project; as if this was a vote for prom king and queen. The fact is that the downslope neighbor had a petition from 14 residents on the street that opposed the CUP and were too intimidated to come to Planning Board to face the applicant in person. The board members didn't seem to care.
The purpose of building codes is to eliminate the need for neighbors to petition each other to get what they want. This kind of "popularity contest" among friends and family is what creates animosity between neighbors.
The greatest concern to ALL OF US, is the precedent that granting this kind of CUP creates because it simply acts as though people with resources can buy their way out of the codes.
WE NEED YOUR HELP. If you are able to attend tomorrow's City Council meeting that would be great. The meeting starts at 6:00 pm, but I don't anticipate public comment on this appeal will begin much before 7:00 pm. As always you can email council at citycouncil@burbankca.gov, but to be blunt, these emails don't seem to do much. Being there in person, if not only to vote on the appeal with a comment card, is far more impactful than a call or an email. If you cannot make the meeting, you can speak during the City Council public comment period, call: (818) 238-3335
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As always, please direct questions or comments to info@preserveburbank.com or call Jim Casey at 818-641-9050 with any questions or concerns.
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