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PLN2006-00074 (Appeal of the BZA Approval ofPLN2005-00063) 3 September 5, 2006 Permits and/or Variances Granted Pursuant to Zoning Code Section 2-582, Major View Preservation and Site Plan Review is required for two- and three-story development in the RS- VP Sub-District. In addition, a Height Exception is required as the proposed average roof height of the main home and the in-law unit exceed the 18- foot height limit for the RS- VP District. The revised plans now show an average roof height of 28 feet for the main home; the original plans for the carriage house show an average roof height of24 feet. Environmental Review This item is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15303. A Negative Declaration and Initial Study was prepared and adopted by the City Council in approval of a Tentative Map for the 12-1ot subdivision in December 1989. This property was designated as Lot 9 in this subdivision. Staff has reviewed the original Negative Declaration and the Tentative Map that was approved by City Council in 1989. The proposed new home and in-law unit are in general conformance with the placement of the building pad approved for Lot 9. In addition, all conditions of approval for the Tentative Map have been completed by the subdivision developer. The discussion of moving the house toward the front of the property, mentioned in the appeal letter, was not supported by either the Planning Commission or the City Council in their respective review of the proposed Tentative Map and no conditions of approval on the Tentative Map directed the applicant to modify its proposed lot configuration for Lot 9. The minutes from the 1989 Planning Commission and City Council hearings on the subdivision Tentative Map are attached to this report. Code Compliance Review Not applicable Board/Commission Findinl!s The proposed dwelling and in-law unit would comply with the RS-VP District development standards for lot coverage, building setbacks and parking requirements. The main dwelling roof height of 28 feet and the in-law unit roof height of 24 feet both exceed the 18-foot height limit in the RS- VP District and as such require the Height Exception. On July 20, 2006, the Board of Zoning Adjustments conducted a pubic hearing on the Height Exception and Major Site Plan ReviewNiew Preservation. Staff provided a presentation of the project and recommended that the Board of Zoning Adjustments approve the project subject to conditions. During the hearing, comments were made by members of the public, both in favor and in opposition. The comments focused primarily on concerns about the size of the home, the building height and its placement on the hillside and the number of persons to be living at the home (minutes are in Attachment 6).