Adoption of a Resolution Approving
the Amended Multifamily Residential
Project at 921 W. Riverside Drive and
Approval of the Ministerial Design
Review
City Council
October 25, 2022
COMMUNITY
DEVELOPMENT
Project Location – 921 W. Riverside Drive
Project Site
Project Site
• 5.01 acres Project Site
• Currently developed
with a 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.
Amended Project Description
• 92 for sale residential units
• Mix of building and unit sizes:
Ranging from 1,816 sq. ft. to 1,931 sq. ft.
3 stories and 35-feet high
3 to 4-bedroom units
• 10 deed-restricted affordable units for sale to “low income” households making 80% of the LA County Area Median Income • 65,331 sq. ft. of open space including:
Private balconies, 16,251 sq. ft. central community open space with large turf area, dining area with BBQ, seating, play area and fire-pit
• Total of 208 on-site parking spaces
• Upgrades to public infrastructure serving the site
• New Proposed Equestrian Trail and Sidewalk
• Open space paseos providing public pedestrian access
Amended Project Site Plan
Burbank2035 General Plan Land Use Designation
5 Project Site
Pacific Avenue
Project Zoning Designation
6 Project Site
Pacific Avenue
• July 1, 2021 – SB 35 Notice of Intent (NOI) application submitted • July 30, 2021 – Tribal consultation requested
• August 2, 2021 – Initiated Consultation with the Fernandeño Tataviam Band of Mission Indians (“Tataviams”)
• September 2, 2021 – SB 35 NOI re-submitted to City
• November 10, 2021—City received confirmation from HCD that the Project was eligible for streamlined ministerial processing
• November 15, 2021 – City letter 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 – Complete SB 35 Application submitted • February Through April 2022 – City Review of SB 35 Application per City’s Streamlined Ministerial Approval Process and Government Code Section 65913.4 • April 18, 2022 – Council denial of the Project
• May 9, 2022 – Developer Served City with Lawsuit
• October 4, 2022 – Settlement Agreement Executed
• October 5, 2022 – Developer Submits Amended Application Project Timeline
Amended Project Consistency with
Objective Standards
Burbank’s objective standards relevant to the Amended
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 Amended Project has been reviewed for conformance with relevant objective standards in the following sections of the BMC:
• Title 4, Article 1. Solid Waste
• Title 5, Article 5. Crimes Against property
• Title 7, Article 1. Trees and Vegetation
• Title 8, Chapter 1 and Chapter 2. Sewers and Utilities • Title 9, Chapter 1 and Chapter 3. Building and Fire and Environmental Protection
• Title 10, Chapter 1, Article 6, Division 5. Affordable Housing Incentives
• Title 10, Chapter 1, Article 24. Rancho Master Plan Zone, Division 6.
Commercial Recreation (CR) Zone
• 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 15. Improvements Amended Project Consistency with
Burbank Municipal Code (BMC)
Project Concession South Main Street
• The Project Applicant is requesting a concession from the required setback along S. Main Street and W. Riverside
Drive.
Required Setback along S. Main Street: 25 feet
Requested Setback: 17 feet, in order to accommodate
the proposed equestrian trail on S. Main Street.
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.
Project Concession West Riverside Drive
• The Project Applicant is requesting a concession
from the required setback along S. Main Street and
W. Riverside Drive.
Required Setback along W. Riverside Drive: 25
feet
Requested Setback: 23 feet, in order to
accommodate the proposed equestrian trail.
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.
Project Consistency with Burbank 2035 General Plan
• 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.
Vesting Tentative Tract Map No. 83627
• Subdivides the
property into one
common lot (“Lot
1”) and 92
condominium lots.
Building Design – Three Story Townhomes
Renderings
Amended Project Design
• 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
Amended Project Plans
• Removal of Floor Plan 1 and Plan 1x (1,333 sq. ft./1,325 sq. ft. respectively) and replacing as follows
o Plan 1- 1,816 sq. ft. m 3 bed/3.5ba (former plan 2)
o Plan 2 - 1,880 sq. f. 4bed/3.5bat (new plan type)
o Plan3/3x - 1,931 sq. ft., 4 bed/3.5ba (former plan 3/3X) o Revised building throughout, removed building types BT-300, BT-400 (replaced with existing building types BT-200 and BT-501 respectively) • The New Floor Plan 2
• New Rear Architecture
Amended Project Site Plan – Landscape
• 65,911 of public and private
open space
• 154 Shade Trees
• 16,122 sq. ft. of Common Open
Space
• Private open space of 10,626 sq.
ft.
PROPOSED EQUESTRIAN TRAIL
Section B: Main Street
Section A: Riverside Drive Parkway
Conditions of Approval
• 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.
• The Project will be required to demonstrate
compliance with all Conditions prior to
issuance of building permits.
Environmental Review
• The Amended Project is exempt from the California Environmental Quality Act (CEQA)
• 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 and is statutorily exempt from environmental review under Government Code Section
65913.4(d)(2) and the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15268
Public Notification
Public Notices Mailed to Property Owners and
Residents within 1,000 feet of project
Public Notice published in Los Angeles Times
3 public comments attached to the report
DIRECTOR’S DETERMINATION
• City planning staff determined that the Amended
Project is consistent with SB 35 pursuant to
Government Code Section 65913.4; and
• City planning staff determined the Amended Project
to be consistent with all SB 35 criteria and applicable objective design and development standards.
STAFF RECOMMENDATION
• Staff recommends that the City Council conduct the Design Review for the Project located at 921 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 THE AMENDED
PROJECT NO. 22-0000972 LOCATED AT 921 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.
CONTACT INFORMATION
Scott Plambaeck, Planning Manager
(818) 238-5250
[email protected]
Adoption of a Resolution and
Consideration of Director’s
Determination and Ministerial Design
Review for Multifamily Housing
Development at 921 W. Riverside
Drive
City Council Meeting
October 25, 2022
COMMUNITY
DEVELOPMENT
WHAT IS SB 35?
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.
WHAT DOES SB 35 REQUIRE?
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 Timeline
Burbank’s RHNA Progress Report
Income Level
RHNA
Allocation
by Income
Level
2013 2014 2015 2016 2017 2018 2019 2020 2021
Total
Units to
Date (all
years)
Total
Remaining
RHNA by
Income
Level
Very Low
Deed
Restricted 694
3 3 691Non-Deed
Restricted
Low
Deed
Restricted 413
5 265 148Non-Deed
Restricted 20 51 44 145
Moderate
Deed
Restricted 443 61 382Non-Deed
Restricted 6 11 12 32
Above
Moderate 1134 19 14 275 17 35 53 140 199 752 382
Total RHNA 2684
Total Units 19 14 275 17 61 115 196 384 1,081 1,603
Note: units serving extremely low-income households are included in the very low-income permitted units totals
Cells in grey contain auto-calculation formulas
APPLICABILITY OF SB 35
Income Level Percent ofArea MedianIncome
Total
RHNA
Percentage of
Units
Extremely Low 0‐50% 694* 25.9%*
Very Low 30‐50% 694* 25.9%*
Low 51‐80% 413 15.4%
Moderate 81‐120% 443 16.5%
Above Moderate 120%+ 1,134 42.3%
Total 2,684 100.0%
The State determines whether cities are making “sufficient progress” toward meeting their RHNA allocation.
Burbank RHNA Allocation (2013 -2021)
Ordinance No. 22-3,964 for SB 35
Projects1. Ordinance amends Title 10 of the BMC to establish a streamlined ministerial review and public oversight
process for multifamily housing development projects
submitted in compliance with Senate Bill 35, codified as Government Code Section 65913.4.
2.City Council is the Design Review Body
3.Ministerial Design Review
a.CEQA Statutory Exemption
b.Cannot Be Appealed
4.Review Based on Objective Standards that involve no
personal or subjective judgment by a public official
Senate Bill 35 Criteria
Criterion #1: Number and Type of Units
The Project meets this criterion. The project is a multi-family housing development consisting of 96 residential townhomes. The Project complies with the permitted density of 20 dwellings per acre.
Criterion #2: Affordability
The Project meets this criterion. The Project applicant will provide the requisite number and income
levels for affordable for-sale housing units in compliance with both SB 35 and the City’s Inclusionary
Housing Ordinance.
Criterion #3: Urban Infill
The Project meets this criterion. The project is located on two legal parcels within the incorporated City
limits. Moreover, at least 75 percent of the perimeter of the site adjoins parcels that are developed
with urban uses.
Project Consistency with Affordable Housing Strategy
Project Consistency Affordable Housing Strategy
Continued
Senate Bill 35 Criteria
Criterion #4: Zoned or Planned Residential Uses
The Project meets this criterion. The General Plan designation for the property is Rancho Commercial, which allows residential uses.
The Property is zoned C-R. Residential is not listed as a permitted use in the C-R Zone. Nevertheless, pursuant to Government Code Section 65913.4(a)(5)(B), in the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards if the development is consistent with the standards set forth in the general plan. As the residential use of the Proposed Project is consistent with the General Plan, the Proposed Project is consistent with this
provision.
Senate Bill 35 Criteria
Criterion #5: Consistent with Objective Standards
The Project meets this criterion. The Project is consistent with relevant objective development standards.
Criterion #6: Parking
The Project meets this criterion. Parking will be provided at a rate of 2.25 spaces per unit. The Project is providing more parking than the one space/unit ratio authorized pursuant to SB 35 (Section 65913.4.(d)(2)).
Criterion #7: Location
The Project meets this criterion. The Project satisfies the SB 35 requirements related to location as it is not within any area designated as farmland, wetlands, very high fire severity zone, hazardous waste site,
delineated earthquake fault zone, flood plain, floodway, conservation lands, habitat for protected species, or lands under conservation easement.
Moreover, the site does not require the demolition of housing and it did not previously contain housing occupied by tenants. The site also does not require demolition of an historic structure, and the site is not governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
Senate Bill 35 Criteria
Criterion #8: Subdivision
The Project meets this criterion. The project will satisfy the prevailing wage and skilled and trained workforce requirements identified in the Eligibility Checklist.
Criterion #9 and 10: Prevailing Wage; Skilled and Trained Workforce
The Project meets this criterion. The Project will comply with all the labor provisions identified in SB 35, including the requirements regarding payment of prevailing wages and use of a skilled and trained workforce in the construction of the Project, as applicable.
APPLICABILITY OF
SB 35 CONTINUED
1. Applies to jurisdictions that
did not meet 50% of RHNA
Allocation at midpoint of the
5 th Planning Cycle.
2. City met only 12% of its RHNA
allocation at midpoint of the
5 th Planning Cycle.
3. Through 2021, City has met
40% of its RHNA allocation.
PLAN
• 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
• Open space paseos providing public pedestrian access