STAFF REPORT
DATE: August 23, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director – Planning
Scott Plambaeck, Planning Manager
BY: David Kim, Associate Planner
SUBJECT:
Adoption of a Resolution 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) of Title 10 (Zoning Regulations), Chapter 1 (Zoning), Division 12 (Streamlined Ministerial Approval Process)
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 PR OJECT, PURSUANT TO BURBANK MUNICIPAL CODE SECTION 10-1-19302(A)(3).
EXECUTIVE SUMMARY
On June 2 4, 2022, the Community Development Director (the “Director ”) received a Notice of Intent to Submit an Application (NOI Application) for a California State Senate Bill 35 (SB 35) Project (Attachment 2). The NOI Application was submitted by Worthe Real Estate Group. The Project is a five-story mixed-use development that includes 144 rental residential units with 1,058 square feet of commercial ground -floor area. It would feature two-levels of subterranean parking consisting of 196 parking spaces and publicly
COMMUNITY
DEVELOPMENT
2 accessible open space on the corner of Alameda Avenue and Olive Avenue (the “Bob Hope Park”). The Project site is at 3201 West Olive Avenue.
In accordance with Burbank Municipal Code (BMC) Section 10-1-19302, the Director has 60 days from receipt of a submitted NOI Application to review and determine whether the Project meets the eligibility requirements for a SB 35 Project. In accordance with BMC Section 10- 1-19302(A), prior to the Director’s determination, t he NOI A pplication is presented before City Counci l for t heir review and consider ation of site eligibility requirements as noted in SB 35 [California Government Code Section 65913.4, subsections (a)(2)(A-C)].
Based on the analysis, as presented in this report, the Director recommends that the City Council adopt a Resolution (Attachment 1) and confirm the Director’s determination that the Project meets the site eligibility requirements for a SB 35 project [California Government Code Section 65913.4, subsections (a)(2)(A-C] as noted in BMC Section 10- 1-19302(A)(3), listed below:
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; and
C. A site that is zoned for residential use or residential mixed- use development, or has a general plan designation that allows residen tial 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.
BACKGROUND
Project Description
The Project net lot area is 1.3 acres (58,395 square feet) that consist currently of multiple parcels and a recently vacated portion of California Street . The Project would include a proposed development of this vacant site with a new five -story mixed-use building that includes 144 rental residential units with 1,058 square feet of commercial ground- floor area. It would feature two-levels of subterranean parking consisting of 196 parking spaces and the publicly accessible Bob Hope Park on the corner of West Alameda Avenue and West Olive Avenue.
3 Existing and Surrounding Land Uses
General Property and Surrounding Land Use Information
Project Site Address 3201 West Olive Avenue
Cross Streets Northeast of W. Olive Avenue and N. Lima Street, South of W. Alameda Avenue
Assessor’s Parcel
Number (Existing)
2483-023-419, 420, 421, 422, 431 and 432 & 2484- 024-
401
General Plan Designation Media District Commercial ( Maximum 1.1 FAR; 58 units per acre with discretionary approval)
Zoning MDC-2 (previously zoned PD2001-2)
Property Size Project net lot area is 1.3 acres (58,395 SF) Current Development Vacant Property
Street Classification and
Width
W. Olive Ave. & W. Alameda Ave. – Major Arterial (100-
foot-wide public right -of-way per City’s General Plan
2035)
N. Lima St reet & N. California St reet – Local (60-foot- wide public right-of-way per City’s General Plan 2035)
Surrounding
Neighborhood:
North
Residential Neighborhood (both multi-family and single - family properties)
South Office and commercial uses including media offices and media studios
West Mixed-use residential and commercial development
East Commercial uses including retail and restaurant uses
California SB 35 Streamlined Ministerial Approval Process SB 35 became effective in 2018, which established a streamlined ministerial approval process for qualifying housing projects that met certain specified criteria (SB 35 Projects), for cities that have not made sufficient progress toward meeting their regional housing need assessment (“RHNA”) allocation. Cities are limited to evaluating SB 35 Projects against objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time a NOI to submit an SB 35 Project is submitted to the City. Additionally, SB 35 requires that cities streamline the processing of SB 35 Projects through strict processing timelines. The SB 35 Project review process generally includes:
4 1. Submittal of a Notice of Intent to Submit an SB 35 Application (NOI Application). The first step is for a prospective applicant to submit a NOI Application to the City for a potentially eligible SB 35 project.
2. Tribal Consultation. After the receipt of an NOI Application, the City must begin the notification and consultation process with the California Native American tribes that are traditionally and culturally affiliated with the geographic area of the Project site about the proposed development, as outlined in CA Government Code Section 65913.4(b).
3. City Review o f NOI Application . The City reviews the NOI application and determines if the Project is an eligible SB 35 project within 60 days.
4. Submittal of a SB 35 Project . After completing the NOI Application , which includes the tribal c onsultation process and the preparation of enforceable agreement(s) with each of the responding tribes and the City , an applicant may submit a SB 35 project application for City’s ministerial review.
5. City Council Min isterial Review / Public Oversight . Per BMC Section 10- 1- 19302(C), the review and final determination of a SB 35 project is made by the City Council at a noticed public hearing. This determination must be made within 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units.
SB 35 Notice of Intent to Submit an Application (NOI) and Tribal Consultation On June 24, 2022, Worthe Real Estate Group submitted an NOI Application to the Director. In accordance wit h SB 35 and BMC Section 10-1-19302(A-B), the application submittal triggered a 60-day review process for the City to determine whether the Project meets the site eligibility requirements as noted in SB 35 [California Government Code Section 65913.4, subsections (a)(2)(A -C]. To complete review of t he NOI Application consistent with BMC Section 10 -1-19302(A), the NOI Application is being presented before City Council for their review and consideration at the August 23, 2022 City Council Meeting. During the meeting, the City Council would consider the Director’s determination and determine whether the Project meets site eligibility requirements.
Additionally, submittal of the NOI Application triggered a requirement that the City provide a formal notice of the NOI Application to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of recei pt of the NOI Application. Each California Native American tribe that receives a formal notice has 30 days from the receipt of that notice to follow-up with the City and request to engage in consultation regarding the NOI Application. City staff sent out a letter on July 6, 2022 providing formal notice of the NOI Application to the California Native American tribes that are affiliated with the geographic area of the Project site (Attachment 7).
5 ANALYSIS
In accordance with BMC Section 10-1-19302(A)(3), the Director and the City Council shall consider the site eligibility requirements below for a NOI Application.
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 consists 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 (Attachment 6). 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 (Attachment 3). 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 square footage of the development designated for residential use.
Director’s Analysis: The zoning of the Project site is MDC-2 (Media District Limited Commercial) (Attachment 4) with a General Plan Land Use Designation of Media District Commercial (Attachment 5). 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 6 commercial with an approval of a Conditional Use Permit in accordance with BMC 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 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.
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, a SB 35 project applicant cannot be required to prepare any studies that would otherwise be required under CEQA ( e.g., traffic, air quality, noise, et cetera).
The City can only require an applicant to abide by objective development and design standards that were in effect at the time the SB 35 application was submitted (CA Govt.
Code Section 65913.4).
PUBLIC NOTIFICATION
In accordance with BMC Section 10- 1-19302(E) (Notice of Public Hearing), a public hearing and associated public noticing is reserved for the City Council’s ministerial design review/public oversight process as outlined in BMC Section 10- 1-19302(C) – when the City Council is making a decision to approve or deny an SB 35 Project. The NOI Application and the review of the Project’s compliance with the C ity and S tate site eligibility requirements is not subject to the public hearing and associated public noticing requirements outlined in BMC Section 10 -1-19302(E). However, in effort to keep all interested community members informed, City staff posted a copy of the submitted NOI Application on the City’s planning webpage on July 27, 2022, for the public to view (link:
https://www.burbankca.gov/web/community-development/3201-w-olive-avenue).
Additionally, notice of City Council consideration of an NOI Application at the August 23, 2022 City Council meeting was posted on the City’s planning webpage, and a message was sent out electronically to community members via the City’s e-notify list.
CONCLUSION
Based on the aforementioned Director’s review and analysis, s taff recommends that Council adopt a Resolution (Attachment 1) that a ffirms the Community Development Director’s determination that the 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 proposed SB 35 project, pursuant to BMC Section 10-1-19302(A)(3).
7 This is one of the initial steps in the SB 35 Streamlined Ministerial Approval Process .
Once the Tribal Consultation Process is complete and the Project is determined by the City to have met the applicable SB 35 eligibility requirements, the Project applicant would have the option of submitting an application for a SB 35 Project. Should the Director receive an application for a SB 35 Project in the future, then that SB 35 Application would be subject to a noticed public hearing before the City Council for a final decision.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – SB 35 NOI Application
Attachment 3 – Site Aerial Map
Attachment 4 – Zoning Map
Attachment 5 – General Plan Land Use Designation Map
Attachment 6 – 2010 Census: Urbanized Area Reference Map / Survey of Project Site Attachment 7 – List of Notified Tribes