REVIEW OF SITE ELIGIBILITY
REQUIREMENTS FOR A PROPOSED
SENATE BILL (SB) 35 APPLICATION
AT 3201 W. OLIVE AVENUE
CITY COUNCIL MEETING
August 23, 2022
COMMUNITY
DEVELOPMENT
Why Are We Here?
- On January 4, 2022, City Council adopted Ordinance No. 22-3,964, establishing a SB 35 streamlined ministerial
review process for eligible housing projects.
- In accordance with Burbank Municipal Code Section 10-1- 19302(A)(3), a SB 35 Notice of Intent (NOI) Application is presented before City Council for review and
consideration of site eligibility requirements as listed in Government Code Section 65913.4, subsections (a)(2)(A-
C).
- On June 24, 2022, a SB 35 NOI Application was
submitted to the City for a housing development at 3201 W. Olive Avenue.
WHAT IS SB 35?
-Senate Bill (SB) 35:
Intent: Address State’s housing shortage and high housing costs.
Purpose : Create Streamlined Ministerial Approval Process for jurisdictions throughout the State that have not made sufficient progress toward meeting their regional housing need assessment (“RHNA”) allocation to process housing development applications expeditiously.
Result : Require cities to process eligible housing developments that meet the criteria of a SB 35 project through a streamlined ministerial approval process and are reviewed for compliance with objective development and design standards.
SB 35 TIMELINE
* Applicant is here.
(Council’s Site Eligibility Review Per BMC Section 10-1-19302(A)(3))
PROJECT AREA MAP
3201 W. OLIVE AVE.
PROJECT DESCRIPTION
- A proposed mixed-use and housing
development project .
- 144 rental dwelling units (including 15 deed
restricted, very-low income units).
- 1,058 square feet of commercial ground-floor
commercial space.
- Two-levels of subterranean parking with 196
parking spaces.
- Publicly accessible open space area at the
corner portion of project site and intersection
of W. Alameda Avenue and W. Olive Avenue.
CITY COUNCIL’S REVIEW OF SITE
ELIGIBILITY REQUIREMENTS
Does the Project meet the site eligibility requirements listed in California Government Code Section 65913.4, subsections (a)(2)(A-C)? (A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
SITE ELIGIBILITY REQUIREMENTS CONT.
SOURCE: 2010 CENSUS – URBANIZED AREA REFERENCE MAP
SITE ELIGIBILITY REQUIREMENTS CONT.
SOURCE: LAND SURVEY PROVIDED BY APPLICANT
CITY COUNCIL’S REVIEW OF SITE
ELIGIBILITY REQUIREMENTS
Does the Project meet the site eligibility requirements listed in California Government Code Section 65913.4, subsections (a)(2)(A-C)? (B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined .
SITE ELIGIBILITY REQUIREMENTS CONT.
SOURCE: CITY’S AERIAL VIEW MAP
CITY COUNCIL’S REVIEW OF SITE
ELIGIBILITY REQUIREMENTS
Does the Project meet the site eligibility requirements listed in California Government Code Section 65913.4, subsections (a)(2)(A-C)? (C) A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
SITE ELIGIBILITY REQUIREMENTS CONT.
SOURCE: CITY’S MAP – ZONING MAP SOURCE: CITY’S MAP – GENERAL PLAN 2035 LAND USE MAP
DIRECTOR’S DETERMINATION
The Community Development Director has determined that the proposed SB 35 NOI Application meets the three site eligibility requirements for a SB 35 project . (A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C) A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
ENVIRONMENTAL REVIEW
• The proposed SB 35 project is not subject to CEQA
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 under SB 35.
STAFF RECOMMENDATION
Adopt A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BURBANK AFFIRMING THE
COMMUNITY DEVELOPMENT DIRECTOR’S
DETERMINATION THAT A PROPOSED MIXED-
USE PROJECT (SB 35 NOTICE OF INTENT TO
SUBMIT APPLICATION – PROJECT NO. 22-
0004002 ) LOCATED AT 3201 WEST OLIVE
AVENUE MEETS THE SITE ELIGIBILITY
REQUIREMENTS FOR A SB 35 PROJECT,
PURSUANT TO BURBANK MUNICIPAL CODE
SECTION 10-1-19302(A)(3).
Questions?
David Kim, Associate Planner
Community Development Department
(818) 238-5250
[email protected]