Senate Bill (SB) 35:
A. Intent: Address State’s housing shortage and high
housing costs.
B. Purpose: Create Streamlined Ministerial Approval
Process for cities that have not made sufficient
progress toward meeting their regional housing
need assessment (“RHNA”) allocation to process
development applications expeditiously.
Mandates the following:
A. Streamlined, ministerial review and approval process for qualifying housing developments
B. Not be subject to conditional use permit or other
discretionary permits.
C. Project review based solely on:
• objective general plan and zoning standards;
• objective subdivision standards; and,
• objective design review standards in effect at the
time the Notice of Intent (NOI) is submitted to the
City.
Project Site
Project Site
• 8.52 net-acre property
• Project Site Area will be
5.05 Acres
• Currently developed
with 51,082 sq. ft.
bowling alley, 2,713 sq.
ft. ancillary bar, arcade,
2.5-acre garden area
and surface parking lot.
• Existing facilities will
be demolished
• Pickwick Bowling Alley
sign will be preserved
and integrated into the
Project
• 96 for sale residential units
• Mix of building and unit sizes:
➢ Ranging from 1,333 to 1,912 sq. ft.
➢ 3 stories and 35-feet high
➢ 2 to 4-bedroom units
• 10 deed-restricted affordable units for sale to “low income” households making 80% of the LA County Area Median Income • 59,178 square feet of open space including:
➢ Private balconies, 16,603 SF central community open space with large turf area, dining area with BBQ, seating, play area and fire-pit
• Parking rate of 2.25/unit; total of 219 spaces
• 6 on-site bicycle parking spaces
• Pickwick sign will be incorporated into the Project
• Upgrades to public infrastructure serving the site
• 15-foot sidewalks
• Open space paseos providing public pedestrian access
7 Project Site
Pacific Avenue
8 Project Site
Pacific Avenue
• July 1, 2021 – SB 35 Notice of Intent (NOI) application submitted • July 30, 2021 – Tribal consultation requested (via email & US mail) • August 2, 2021 – Initiated Consultation with the Fernandeño Tataviam Band of Mission Indians (“Tataviams”)
• September 2, 2021 – SB 35 NOI re-submittal was received by City • November 10, 2021—City received confirmation from HCD that the Project was eligible for streamlined ministerial processing • November 15, 2021 – Letter from the City to the Applicant Confirming Project Application was complete and eligible for SB 35 streamlined ministerial processing
• December 13, 2021 – Enforceable Agreement finalized between Tataviams and the City
• February 24, 2022 – Applicant submits Complete SB 35 Application • February Through April 2022 – City Review of SB 35 Application per City’s Streamlined Ministerial Approval Process and Government Code Section 65913.4
Burbank’s objective standards relevant to the Project are found in:
➢ Burbank2035 General Plan
➢ Burbank Municipal Code (including Zoning,
Subdivision, and Design Review standards)
State law defines “objective” standards as:
“standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development Applicant and the
public official prior to submittal.”
• The Project has been reviewed for conformance with relevant objective standards in the following sections of the Burbank Municipal Code (BMC):
• Article 24. Rancho Master Plan Zones, Division 6. Commercial Recreation (CR) Zone • Article 6. Residential Uses and Standards, Division 5. Affordable Housing Incentives • Article 6. Residential Uses and Standards, Division 4. Multi Family Residential Zone (R-3) • Title 11. Subdivision Regulations, Article 11. Lot Design • Title 11. Subdivision Regulations, Article 13. Dedication of Park and Recreation Facilities • Title 11. Subdivision Regulations, Article 14. Dedication of School Sites • Title 11. Subdivision Regulations, Article 15. Improvements (See Attachment 1, Exhibit 2: Objective Standards Consistency Analysis Table.) • The project was determined to be in compliance with all relevant objective standards in the Burbank Municipal Code, with exception to the setback on S. Main Street, for which the Applicant has requested a concession pursuant to BMC section 10-1-640(A)(1). •
➢
➢
BMC section10-1-640(A)(1) allows the applicant to request a reduction of a Site Development standard. Staff finds the concession is needed in order to accommodate the project and proposed offsite improvement.
• The Project has been reviewed for conformance with
Burbank2035 General Plan.
➢ Land Use Policy 1.8: the Project is consistent with the General Plan land use designation of Rancho Commercial.
This designation allows for a maximum of 20 units per acre and for “a variety of low-intensity multi-family residential and commercial uses.”
➢ Land Use Policy 4.8: the Project is consistent with an objective policy that requires parking lots and structures to be located behind buildings or underground. Parking is
proposed within enclosed garages.
➢ Land Use Policy 3.14: the Project is consistent with an objective policy that prohibits gated communities. The
Project will not be gated. Residents along Riverside Drive and Main Street. will be oriented towards the street with
pedestrian access ways providing public access to the
interior of the site.
• Subdivides the
property into one
common lot (“Lot
1”) and 96
condominium lots.
• Spanish architectural style
➢ Spanish tile roofs and textured stucco facades
➢ Pitched gable roofs and gable ends
➢ Patios, courtyards, arches and archway features
• No roof-mounted equipment; equipment located at
grade or within the attic space
• All publicly visible sides of the buildings are equally and well-articulated with building variation elements
➢ Surface breaks
➢ Projecting facades
➢ Recessed entries, either in alcove or behind a
projecting archway, and highlighted by a window
or tilework
➢ Projecting archways
• SB 35 allows for streamlined ministerial approval
processing that includes standard Conditions of
Approval; the proposed Conditions must be
objective and broadly applicable to development
within the locality.
• Burbank City Staff has provided Conditions of
Approval pursuant to SB 35, which are included
in Attachment 1, Exhibit 1.
• The Project will be required to demonstrate
compliance with all Conditions prior to issuance
of building permits.
The California Environmental Quality Act (Division
13 (commencing with section 21000) of the Public
Resources Code) does not apply to projects
qualifying for the Streamlined Ministerial Approval
Process. As a result, the Project is not subject to
CEQA review and any associated studies.
• Staff determined that the Project is consistent with
SB 35 pursuant to Government Code Section 65913.4;
and
• Staff determined the Project to be consistent with all SB 35 criteria and applicable objective design and
development standards.
• Staff recommends that the City Council conduct the Design Review for the Project located at 921-1001 Riverside Drive “Pickwick Gardens” pursuant to SB 35; and
• Staff recommends that the City Council adopt “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK CONFIRMING THE COMMUNITY DEVELOPMENT
DIRECTOR’S DETERMINATION THAT PROJECT NO. 22-
0000972, LOCATED AT 921-1001 W. RIVERSIDE DRIVE IS
CONSISTENT WITH ALL APPLICABLE OBJECTIVE
GENERAL PLAN, ZONING, SUBDIVISION, AND DESIGN
REVIEW STANDARDS AND APPROVING THE PROJECT’S
STREAMLINED MINISTERIAL DESIGN REVIEW. ”