STAFF REPORT
DATE: April 18, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director Via: Fred Ramirez, Assistant Community Development Director By: Scott Plambaeck, Planning Manager
Leonard Bechet, Principal Planner
Maciel Medina, Associate Planner
SUBJECT: Adoption of a Resolution and Consideration of the Community Development Director’s Determination and Approval of Ministerial Design Review for a Multifamily Residential Project at 921- 1001 W. Riverside Drive, Pursuant to Burbank Municipal Code Title 10, Chapter 1 (Zoning), Division 12 (Streamlined Ministerial Approval Process) and Senate Bill 35 (CA Government Code Section 65913.4)
RECOMMENDATION
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, SUBD IVISION, AND DESIGN REVIEW STANDARDS AND APPROVING THE PROJECT’S STREAMLINED MINISTERIAL DESIGN REVIEW.
EXECUTIVE SUMMARY
The Project is a 96-unit townhome style condominium development and is located at 921-1001 W. Riverside Drive. It has been submitted to the City as an SB 35 Residential Streamlined Ministerial Approval Process Application pursuant to Senate Bill (SB) 35 (Government Code Section 65913.4) and subject to the requirements in Burbank Municipal Code Title 10, Chapter 1 (Zoning), Division 12 (Streamlined Ministerial Approval Process).
COMMUNITY
DEVELOPMENT
2 Applications that are eligible for streamlined review pursuant to SB 35 and that comply with the City’s objective design and development standards (i.e., zoning, general plan, and subdivision standards) do not require any discretionary permit (such as a conditional use permit or development review) and are not subject to environmental review pursuant to the California Environmental Quality Act (CEQA). Staff has reviewed the proposed Project for SB 35 eligibility as part of the previously submitted Notice of Intent to submit an SB 35 application (Attachments 2 & 3) as well as the current SB 35 Application submittal with associated materials in support of the Project’s compliance with applicable objective design review and development standards (Attachment 4)
Based on the analysis , as presented in this report, the Community Development Director recommends that the City Council adopt the attached Resolution (Attachment 1) and confirm the Director’s determination that the Project is consistent with the applicable objective general plan and zoning standards, objective subdivision standards, and objective design review standards applicable to the Project based on its underlying zoning designation of CR (Commercial Recreation) and General Plan land use designation of Rancho Commercial; and approve the Ministerial Design Review of the Project.
BACKGROUND
Project Description
The proposed 96- unit townhome style condominium project is located at 921- 1001 W.
Riverside Drive in the City of Burbank. The Project site is being developed on an approximate
5.05-acre lot (“Parcel 1”) that is one of two parcels encompassing an 8.53-acre property, which is known as the Pickwick Gardens, as shown on the Project site plan (Attachment 5). The Project application includes the filing of a Vesting Tentative Tract Map No. 83627 to facilitate the creation of the residential condominium units. The development application with attachments submitted on February 24, 2022, is included as Attachment 4.
The Project Applicant proposes to demolish the existing 53,795 square foot bowling center with ancillary lounge and arcade, approximate 2.5-acre ornamental garden, and surface parking lot to construct a residential development p roject. The remaining buildings associated with Pickwick Gardens, including the LA Kings ice rink and banquet facility on the adjoining parcel to the west will remain.
The existing Pickwick sign, mounted on the bowling center building, will be relocated, and incorporated into the Pr oject. Grading activities will generally include excavating and recompacting the topsoil of the previously graded site, including stormwater capture and treatment devices. The proposed development and site design does not propose any excavation that will exceed 10 feet below existing grade.
The existing bowling center building and ornamental gardens will be demolished and developed with the following uses:
• 96 three-story townhome style condominiums ranging from 1,200 to 1,850 square feet in size, with a two-car garage for each individual unit with direct, private access into each unit and private open space in the form of patios and/or upper-level decks for each unit (dwelling units are contained within a total of 21 detached buildings that 3 contain between three and six dwelling units that are arranged around a series of landscaped paseos and open spaces);
• Of the total units, 10.2% (10 units) would be deed restricted affordable to “low income” households (80% of LA County Area Median Income) (Government Code Section 65913.4(b)(2));
• 59,178 square feet of open space, including 16,603 of central community open space with large turf area, dining area with BBQ, seating, play area and fire-pit; • A total of 219 parking spaces provided for the residential units; and • Twelve on-site bike parking spaces.
Existing and Surrounding Land Uses
Table 1:
General Property and Surrounding Land Use Information
Address 921-1001 W. Riverside Drive
Cross Streets S. Main Street and W. Riverside Drive
Assessor’s Parcel
Number (Existing)
2443-001-018 and 2443-001-019
General Plan Designation Rancho Commercial (Maximum 0.60 FAR, 20 units per acre)
Zoning CR (Commercial Recreation)
Property Size
Project Site/Parcel 1/Lot 1: 220,041 sq. ft. (5.05 acres) and Parcel 2/Lot 2 (remaining LA Kings ice rink/banquet center site): 151,039 sq. ft. (3.48 acres)
Current Development
The property currently has an approximate 53,795 sq ft.
Bowling Center, approximate 2.5- acre ornamental
garden, and surface parking lot
Street Classification and
Width
W. Riverside Drive: Collector at 60 ft. wide
S. Main Street: Collector at 60 ft. wide
Surrounding
Neighborhood:
North
Calvary Bible Church along with commercial and retail
uses
South LA Equestrian Center along with residential and
recreational uses
West LA Kings Ice Rink at Pickwick Gardens and Lycée
International School of LA
East Commercial and residential uses across Main Street
Parcel Configuration and Tract Map
The Project site has been reconfigured as part of a previously approved L ot Line Adjustment.
The reconfigured Parcel 1 will be used to construct the proposed Project and currently contains the bowling center and ornamental gardens. Parcel 2 will contain the remaining Pickwick facilities, including the LA Kings ice rink and banquet facility. Existing development on Parcel 4 1 will be demolished to accommodate construction of the subject parcel while existing development on Parcel 2 will remain (Attachment 5). Furthermore, the Applicant is proposing a Vesting Tentative Tract Map No. 83627 to subdivide the parcel into one common lot (“Lot 1”) and 96 townhome style condominium units. The Applicant proposes to sell the individual condominium units while having the future HOA maintain the common areas of the Project site.
The boundaries of P arcel 1 and the proposed development of the Project site are further illustrated in the Project Site Plan and the Vesting Tentative Tract Map No. 83627 included herein as Attachment 5. The processing of the Tract Map is subject to a ministerial process as part of the Streamlined Ministerial Approval Process.
Project Timeline
The Project timeline and submission of SB 35 documentation proceeded as outlined below:
• July 1, 2021 – SB 35 Notice of Intent (NOI) application was received • July 30, 2021 – Tribal consultation was requested (via email and US mail) • August 2, 2021 – Consultation with the Fernandeño Tataviam Band of Mission Indians • September 2, 2021 – SB 35 NOI resubmittal was received • 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 Tataviam and the City • February 24, 2022 – Applicant submitted complete application • February Through April 2022 – City Review of Streamlined Ministerial Approval request
SB 35 Project Submittals & Tribal Consultation
On July 1, 2021, the Applicant, Pickwick Investment, LLC, submitted a Notice of Intent (NOI) application to Submit a Streamlined Ministerial and Eligibility Checklist application. The Applicant initially proposed to construct 98-residential townhome style condominium units and later reduced the total number to 96- residential townhome style condominium units. On November 15, 2021, the City confirmed in writing ( Attachment 7) that the NOI was complete and would be eligible for streamlined ministerial processing after the completion of the binding, Enforceable Agreement between the City and interested tribes. The City also received confirmation from the California Department of Housing and Community Development (HCD) that the Project was eligible for streamlined ministerial processing, see Attachment 14 for email from HCD staff.
The City notified the tribes of the proposed Project on July 30, 2021, in compliance with AB 168
1. The City received a request for consultation from the Fernandeño Tataviam Band of Mission Indians (Tataviams) on August 2, 2021, and initiated tribal consultation soon thereafter, which led to an agreement between the Tataviams and the City on December 13, 2021
1 Assembly Bill (AB) 168, which took effect on September 25, 2020, advises that Projects with pending applications under SB 35 should engage in tribal consultation to ensure compliance with the requirements of AB 168. Tribal consultation was initiated once a preliminary SB 35 application was submitted. The City obta ined a list of tribes to be notified from the Native American Heritage Commission and sent a notice to each tribe with details of the proposed Project and an invitation to consult with the City regarding cultural resources; HCD Guidelines Section 301(a)(2) (A). 5 (Attachment 8 ). With the Enforceable Agreement in place and the completed N OI, the Applicant was eligible to submit an SB 35 Streamlined Ministerial Application for the Project.
SB 35 Review Timeframes
On February 24, 2022, the Applicant submitted a complete application for streamlined ministerial approval processing under SB 35 , which triggers the timelines for a streamlined review. In accordance with SB 35 and the City’s SB 35 Streamlined Ministerial Approval Process (Burbank Municipal Code Title 10, Chapter 1, Division 12) the City must undertake the following actions: First, within sixty (60) days of submittal of the Project’s SB 35 Application the City is required to provide the Applicant with a determination of consistency with applicable objective design and development standards . Second, the City Council shall conduct a ministerial design review of the SB 35 Project and approve, conditionally approve, or deny the application within ninety (90) calendar days of receipt of the SB 35 Application. This means that a ministerial design review determination must be rendered by May 25, 2022 (90 days from the date of the submitted application of February 24, 2022) , pursuant to HCD Guidelines Section 301(a)(2)(B).
The Project has been brought forth to the City Council at this time so that the Council can review the Community Development Director’s determination of the Project’s compliance with all applicable design and development standards and confirm that they agree or not with t hat determination and make that decision within the State-mandated 60 days while at the same time holding the ministerial design review hearing so that they are able to consider public input on the Project in its entirety and make one final decision at suc h meeting if they desire. It is important to note that failure to render a determination on the Project’s compliance with all objective design review and development standards within the specific 60-day period will have the effect of deeming the Project to comply with all objective design review and development standards. (Attachment 12 provides an image that depicts the SB 35 processing timeline with noted key milestones/steps in the process.)
ANALYSIS
The following discussion provides an overview of the Project’s compliance with objective design review and development standards, in the Burbank Municipal Code (inclusive of zoning and subdivision standards), and the Burbank2035 General Plan goals and policies as well as provide a response to the specific points that are included in the department comments. Under the oversight of the Community Development Director, City planning staff has analyzed each point that is referenced in the department comments and as a result has compiled the various City Department’s requirements on the development of the proposed Project as part of the Project’s standard Conditions of Approval that included herein as Exhibit 1 of Attachment 1.
Objective Standards Defined
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.” Objective standards applicable to the Project can be found in the Burbank2035 General Plan, those applicable portions of the Rancho Master Plan (1993) 6 that are codified in the City’s Zoning Ordin ance, the Burbank Municipal Code (BMC), Division 7 (Historic Sign Regulations) in the BMC, and the City objective design review and development standards. This also includes the Project’s Conditions of Approval included as Exhibit 1 of Attachment 1. The attached Resolution (Attachment 1) provides and cites the objective design review and development standards that are applicable to the Project. The standards that were applied to this Project were limited to standards that could be found in the City Burbank2035 General Plan, Burbank Municipal Code and City Zoning documents noted above. Furthermore, the City Council Staff Report from November 2, 2021, Attachment 13, provides further discussion on the required review of an SB 35 project with City objective standards.
Consistency with City’s Objective Zoning Standards
The Project site is zoned CR (Commercial Recreation) and is subject to all CR zone objective design review and development standards. These standards include objective criteria pertaining to allowable square footage (lot coverage), allowable floor area ratio (FAR), building height, building setbacks, sidewalk width, required on- site parking, open space, and landscaping. As noted in Attachment 1, Exhibit 2 – Objective Standards Consistency Analysis Table, the Project was reviewed for and found to be consistent with all CR zone development standards–except for the specific development standard for front yard setbacks , which is a concession request under applicable local and State density bonus law.
The Project is consistent with the objective development standards under the following categories:
• Title 10, Chapter 1, Article 24. Rancho Master Plan Zones , Division 6. Commercial Recreation (CR) Zone
• Title 10, Chapter 1, Article 6. Residential Uses and Standards , Division 5. Affordable Housing Incentives
• 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
Local and State Density Bonus Laws
Pursuant to Burbank Municipal Code (BMC) Section 10-1-635, the Project is eligible to receive a concession since it reserves at least 10 percent of the units to Low -Income households.
Pursuant to BMC Section 10- 1-640, Development Standards Modified as Incentive or Concession, the Applicant is requesting a concession (Attachment 6) from the required front yard setback along S. Main Street. The required front yard setback along S. Main Street is 25 feet and the Applicant is requesting a 13-foot setback to accommodate a right turn lane on S.
Main Street. BMC Section10-1-640(A)(1), allows the Applicant of a qualifying Density Bonus project to request a reduction of a Project site’s applicable building setback requirement. Staff finds the concession to allow for a reduction of the building setback f rom 25 feet to 13 feet along S. Main Street is necessary to accommodate the Project and proposed offsite improvement requested by City Transportation and Traffic Engineering staff to accommodate a right turn pocket from S. Main Street onto W. Riverside Drive. This concession request is 7 discussed in greater detail in the Request for Concession Letter noted in Attachment 6 to this report.
Subdivision
The Applicant submitted a Vesting Tentative Tract Map No. 83627 to subdivide the property into one common lot (“Lot 1”) and 96 condominium units. The Applicant proposes to sell the individual condominium units while having the future HOA maintain the common areas of the Project site. The processing of the Tract Map is subject to a ministerial process as part of the SB 35 Streamlined Ministerial Approval Process. Furthermore, the City can only apply objective subdivision standards (Attachment 1, Exhibit 2 ) when analyzing the Tract Map and the processing of the Tract Map is exempt from the requirements of CEQA. As previously noted, the proposed Vesting Tentative Tract Map No. 83627 was determined to be consistent with all objective subdivision standards as well as in compliance with all objective general plan standards applicable to similar types of land subdivisions. Staff has included objective standard conditions for the Tract Map approval that are included as part of the Project’s Conditions of Approval as noted in Attachment 1, Exhibit 1.
Consistency with the Burbank2035 General Plan Objective Standards The Project has been reviewed for conformance with Burbank2035 General Plan and is consistent with the applicable goals and policies outlined therein. As referenced in the Objective Standards Consistency Analysis Table in Attachment 1, Exhibit 2 the proposed Project is consistent with the applicable objectives policies that are outlined in the Rancho Master Plan zones and the Burbank2035 General Plan. The table in Attachment 1, Exhibit 2 demonstrates that the Project meets several objectives, such as meeting the Rancho Master Plan requirement of 20 units per acre for Maximum Residential Density, by proposing 96 units with a proposed density of 18.8 units per acre. In addition, the Project is consistent with the Burbank2035 General Plan by proposing development that is consistent with the land use designation of Rancho Commercial and meeting parking and landscaping goals and policies.
Consistency with City’s Objective Design Review Standards The Project is consistent with the objective design review standards under the following categories: Title 10, Chapter 1, Article 6 . Residential Use and Standards, Division 4. Multiple Family Residential Zone (R-3) specifically applicable to the Commercial Recreation (CR) Zone and as referenced in the Objective Standards Consistency Analysis Table in Attachment 1, Exhibit 2.
Architectural Design and Site Plan Features
The proposed design is oriented towards early California Rancho Imagery with the incorporation of Spanish architectural style features within a multifamily residential development project. Some of the key architectural features include strong horizontal elements in the form of long roof lines in the form of gable roof forms covered in cement “S -tiles”, predominant use of smooth stucco finish in complimentary colors as the primary building cladding accented with decorative ceramic tiles for floor and window trim finishes , window 8 shutters, and decorative ironwork. The Project also incorporates secondary elements such as building overhangs, recessed windows, entry doors, and balconies. The primary colors for the exterior finishes are complementary and include a combination of neutral and earth tone colors.
All the building elevations include appropriate fenestration in the way of windows, doors, and decorative elements that add to the open feel of the buildings and ensure that pedestrians and the adjacent neighborhood are not surrounded by blank walls.
The Project includes design features that will not only be a benefit to the residents of the building, but to the surrounding neighborhood. The P roject’s components help build a neighborhood that provides amenities to the members of the community and provi des aesthetically pleasing buildings with features that will draw individuals to want to work, live and visit the area. The Project’s design ties it in with the surrounding commercial , residential, and recreational uses and acts as an anchor that will add to the existing Rancho Neighborhood .
Furthermore, the project will provide 96 for -sale townhome style condominium units, with 10 units deed restricted affordable to low- income households, thereby creating additional opportunities for home ownership in the City.
The Project proposes the placement of buildings towards the edges of streets and public spaces which helps to create walkable urban environments. Buildings placed near the edge of broad sidewalks help provide a sense of definition to streets and emphasize a safe and visually appealing pedestrian access compared to locations where parking lots are located between the sidewalk and buildings. The Project proposes the placement of approximately 21 residential buildings that contain between three and six dwelling units arranged around a ser ies of landscaped paseos and open spaces. The buildings fronting along W. Riverside Drive and S.
Main Street have unit entrances oriented to these streets to provide a consistent “street wall” of buildings that faces the surrounding neighborhood. Further more, the break-up of buildings along the streets allows for pedestrian access into the property and to the network of walkways that lead to individual units within the development and to open spaces.
Landscape Design and Open Space Features
The Project proposes 67,894 square feet of both private and common open space that will provide recreation, space for trees that can help cool and clean the air, water infiltration, and scenic beauty. The Project will provide landscaping within the setback areas adjacent to S.
Main Street and W. Riverside Drive and additional trees in the public right -of-way. The Applicant will provide approximately 159 shade trees, decorative pavement, drought tolerant landscaping (i.e., groundcovers, shrubs, and vines) consistent with the vegetation requirements as noted in Burbank Municipal Code Section 10- 1-630(C) that will be irrigated , with equipment that promotes water conservation, within the Project and along the perimeter of the property. The resulting landscaping amenities will ensure the Project site provides needed shade and aesthetically pleasing vegetation at a prominent corner in the heart of the Rancho Neighborhood.
The Project proposes 10,626 square feet of private open in the form of patio/courtyard areas and upper floor decks/balconies available to each residential unit in one of the two forms.
Furthermore, the Project proposes 16,122 square feet of common open space in the form one 9 larger central space and two smaller spaces. These areas will provide passive open space area and recreational space for residents. Amenities provided in the open space area will include seating areas that include benches, tables, and chairs; a shaded play area that includes ping pong tables; and a fire pit with surrounding seating.
Street and Pedestrian Improvements: As part of the Project several street improvements will be made such as widening of the sidewalk along the perimeter of the project to 15’-0”, providing a dedicated right turn lane on S. Main Street that will allow traffic to turn onto W. Riverside Drive (adjacent to the southeast corner of the Project site), and providing street trees along the perimeter of the Project site.
Therefore, it is City staff’s assessment that a City Council decision to confirm the Director’s determination that the Project is consistent with all applicable objective development and design review standards and to approve the Project is justified based on the previously noted analysis.
STANDARD CONDITIONS OF APPROVAL
Burbank City Staff has provided standard Conditions of Approval, pursuant to SB 35, which are included in Exhibit 1 of Attachment 1. SB 35 allows approval of ministerial processing to include standard conditions of approval if those conditions are objective and broadly applicable to development within the locality, regardless of streamlined approval, and such conditions implement objective standards that had been adopted prior to submission of a development application.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) (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 .
Moreover, an SB 35 project applicant cannot be required to prepare any studies that would otherwise be required under CEQA (i.e., traffic, air quality, noise, et cetera). The City can only require an applicant to abide by objective planning standards that were in effect at the time the SB 35 application was submitted.
PUBLIC NOTIFICATION
In compliance with applicable City and State noticing requirements, Council Meeting Public Notices were mailed to property owners and tenants within a 1,000 -foot radius of the Project site and a public notice was published in the local newspaper, ten (ten) business days prior to the City Council hearing. In addition, a project description sign was also posted on the property. As of the writing of this report, staff has received 11 public com ments and provided in Attachment 15.
CONCLUSION
Staff recommends the City Council conditionally approve the Project. Having met all criteria per California Government Code 65913.4, the proposed Project qualifies for the Streamlined Ministerial Approval Process under SB 35 and the City’s Streamlined Ministerial Approval 10 Process (Burbank Municipal Code Title 10, Chapter 1 (Zoning) Division 12). Based on the prior review and analysis, it is the Community Development Director’s determination that the Project meets all the findings required for the approval under SB 35. Furthermore, Project approval is warranted as the Project is consistent with the applicable Commercial Recreation (CR) Zone objective design review and development standards, the applicable Burbank2035 General Plan goals and objective policies, and the applicable requirements for a housing development project of this type under local and State Density Bonus Law, The City’s Inclusionary Housing Ordinance, and the applicable provisions of The Housing Accountability Act (Government Code Section 65589.5).
ATTACHMENTS
Attachment 1 – Draft Resolution with Conditions of Approval, Objective Standards Consistency Analysis Table, and Eligibility Documentation Attachment 2 – SB 35 Application and NOI Submittal – July 2021 Attachment 3 – City Response to NOI Submittal – July 2021 Attachment 4 – SB 35 Signed Application and Letters – February 2022 Attachment 5 – Complete Project Plan Set with Project Site Map, Landscape Plans, and Vesting Tentative Tract Map No. 83267
Attachment 6 – Concession Request Letter
Attachment 7 – NOI Completeness Letter – November 2021 Attachment 8 – Tribal Consultation Documents – December 2021 Attachment 9 – Ordinance No. 22-3,964 – February 2022
Attachment 10 – HCD Updated Streamlined Ministerial Approval Process Government Code Section 65913.4 Guidelines
Attachment 11 – California Government Code Section 65913.4 Attachment 12 – City Council Staff Report from August 24, 2021 (without attachments) Attachment 13 – City Council Staff Report from November 2, 2021 (without attachments) Attachment 14 – Email from HCD Policy Specialist Fidel Herrera Attachment 15 – Public Comments Received
Correspondences