1 RESOLUTION NO. 22-29,350
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).
THE CITY COUNCIL OF THE CITY OF BURBANK FINDS:
A. Based upon the First Half Reporting Period of the 5th planning cycle (2014 – 2021), the City is subject to Senate Bill (SB) 35, Streamlined Ministerial Review and Approval Process;
B. On June 24, 2022, Worthe Real Estate Group (“Applicant”) submitted a SB 35: Notice of Intent to Submit a Streamli ned Application for a mixed- use project located at 3201 West Olive Avenue (the “Project”);
C. The City Council of the City of Burbank held a Council meeting on August 23, 2022, to consider and review the Community Director’s Determination that the Project meets the site eligibility requirements for an SB 35 project, pursuant to Burbank Municipal Code Section 10- 1-19302(A)(3) of Title 10 (Zoning Regulations), Chapter 1 (Zoning), Division 12 (Streamlined Ministerial Approval Process);
D. The Project is a SB 35 project, which is considered ministerial and therefore statutorily exempt from environmental review under the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15268; and
E. The City Council considered the report and recommendation of the Community Development Director prepared pursuant to Burbank Municipal Code Section 10-1-19302(A)(3) and the evidence presented at such City Council meeting.
THE CITY COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Community Development Director’s Determination that Project No. 22- 0004002, a proposal for a five- story mixed-use development that consist of 144 rental residential units with 1,058 square feet commercial ground- floor area, meets the site eligibility requirements outlined in California Government Code Section 65913.4, subsections (a)(2)(A -C), and in accordance with BMC Section 10- 1-19302 is hereby affirmed based on the evidence of the site eligibility findings below.
22-29,350
2 The development is located on a site that satisfies all the following:
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.
Director’s Analysis: The Project site consist of legal parcels (APN’s: 2483-023-419, 420, 421, 422, 431 and 432 & 2484- 024-401) that are located within city boundaries. Additionally, the City of Burbank inclusive of the Project site is located within a designated urbanized area as established by the Unites States Census Bureau. Therefore, the Project is consistent with this site eligibility requirement.
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.
Director’s Analysis : California Government Code Section 65913.4(k) defines Urban uses as:
“Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
The Project site currently adjoins parcels that are developed with urban uses that include a mix of residential and commercial uses on all sides of the subject property. Therefore, the Project is consistent with this site eligibility requirement.
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 s quare footage of the development designated for residential use.
Director’s Analysis: The zoning of the Project site is MDC-2 (Media District Limited Commercial) with a General Plan Land Use Designation of Media District Commercial. The Project is a proposed mixed- use residential development that includes 144 rental residential units with 1,058 square feet of commercial ground- floor area. The MDC -2 zoning allows residential above commercial with an approval of a Conditional Use Permit in accordance with BM C Section 10 -1-502 [Uses in All Zones (Except Residential Zones)]. Additionally, the General Plan Media District Commercial land use designation allows for a mix of residential and nonresidential uses in accordance with BMC Section 10- 1-2109.5 (General Plan Consistency) – a maximum residential density of 58 dwelling units per acre are allowed with discretionary approval. Furthermore, the Project would include at least two -thirds of the total development building square footage for residential 22-29,350
3 uses. The total building footage of the mixed- use development is approximately 131,724 square feet and the residential area is proposed at 130,666 square feet or 99 percent of the total building area. Therefore, the Project is consistent with this site eligibility requirement.
2. The City Clerk shall mail a copy of this Resolution to the applicant in accordance with the Burbank Municipal Code.
PASSED AND ADOPTED this 23rd day of August, 2022.
_s/Jess A. Talamantes________
Jess A. Talamantes
Mayor
Approved as to Form
Attest: Office of the City Attorney
_s/Zizette Mullins______________ By: _s/Joseph H. McDougall_____ Zizette Mullins, MMC, City Clerk Joseph H. McDougall City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its special meeting held on this 23rd day of August, 2022, by the following vote:
AYES: Schultz, Springer, Anthony and Talamantes.
NOES: None.
ABSENT: Frutos.
_s/Zizette Mullins_______________
Zizette Mullins, MMC, City Clerk