1 RESOLUTION NO. 22-29,374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK CONFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR’S
DETERMINATION THAT PROJECT NO. 21-0003649, LOCATED AT 2814 W. EMPIRE AVENUE IS CONSISTENT WITH ALL APPLICABLE
OBJECTIVE GENERAL PLAN, ZONING, AND DESIGN REVIEW
STANDARDS AND APPROVING THE PROJECT’S STREAMLINED
MINISTERIAL DESIGN REVIEW.
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 S enate Bill (SB) 35, Streamlined Ministerial Review and Approval Process.
B. On June 29, 2021, ABS Properties, Inc. (“Applicant”) submitted a Notice of Intent to submit a SB 35 A pplication for Streamlined Ministerial Design R eview for a housing development project located at 2814 W. Empire Avenue (the “Project”).
C. On July 28, 2021, the Planning Division requested Tribal Consultation as required by AB 168.
D. On January 6, 2022, the City notified the Applicant that the Project submitted at 2814 W. Empire Avenue was eligible for SB 35 Streamline Ministerial Approval Processing.
E. On January 13, 202 2, the City and the Fernandeño Tataviam Band of Mission Indians completed the Enforceable Agreement for monitoring of the Project site;
F. On January 28, 2022, the City and the Gabrieleño Band of Mission Indians- Kizh Nation completed the Enforceable Agreement for monitoring of the Project site.
G. On April 25, 2022, the Applicant submitted an SB 35 application for 148-unit seven-story multi-family residential development for Streamline Ministerial Design Review and Approval Process.
H. The City Council of the City of Burbank held a duly noticed public hearing on November 1, 2022, to consider the Community Director’s Determinati on that the Project is consistent with all appl icable Objective General Plan, Zoning, and Design Review Standards, as well as to conduct Streamline Ministerial Review pursuant to Burbank Municipal Code Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process).
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2 I. The Project 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.
J. The City Council considered the report and recommendations of the Community Development Director and the evidence presented at such hearing; and
K. The City Council considered the testimony and evidence from the Project Applicant, and the public presented at such hearing.
THE CITY COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Community Development Director’s Determination that Project No. 21- 0003649, a proposal for 148 -unit seven- story multifamily residential development, is consistent with all Objective General Plan, Zoning, and Design Review Standards and California Government Code Section 65913.4 is hereby affirmed . Further the Burbank City Council approves the Ministerial Design Review for Project No. 21- 0003649 for the proposed 148-unit seven-story multifamily residential development subject to compliance with all standard Conditions of Approval (Exhibit A). This approval is based upon the City Council’s determination that all required findings for approval of the requested Project application could be made as required under the Burbank Municipal Code ( BMC) for Project No. 21-0003649, as follows:
a. Findings for Streamlined Ministerial Design Review:
The Project conforms to the requirements of Streamlined Ministerial Design Review as outlined in Burbank Municipal Code Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process); and California Government Code Section 65913.4, respectively.
The Project has been reviewed under the requirements noted in BMC Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process) . A publicly noticed City Council meeting was held on November 1, 2022. At this City Council meeting city staff, the Project Applicant and architect presented the Project and provided responses to questions regarding the proposed Project.
i. The Project complies with all requirements of California Government Code Section 65913.4(a), as detailed in Exhibits B, C, and D attached hereto and incorporated herein by this reference. Specifically, the 148-unit seven-story multifamily residential development is a housing development containing two or more units; the Project parcel is within incorporated City limits and at least 75 percent of the parcel is adjoining to urban uses , the Project site is surrounded by urban uses on all sides ; both the Project site General Plan land use designation and zoning permit residential or residential mixed-use development.
In this case, the General Industrial (M-2) zone and the General Plan Land Use Designation of Regional Commercial allow a density of up to 58 units to the acre; 22-29,374
3 the Project Applicant has committed one hundred percent of the units (excluding managers units) as affordable for extremely low -, very low -, and low-income households; the Project is consistent with all zoning, General Plan, and Design Review standards as provided in Exhibit B.
ii. The Project site is not located on prime farmland or farmland of statewide importance as provided in Exhibit C;
iii. The Project site is not located in Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993) as provided in Exhibit C;
iv. The Project site is not located in a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire P rotection pursuant to Section 4202 of the Public Resources Code as provided in Exhibit C;
v. The Project site is not a listed hazardous waste site pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code as provided in Exhibit C;
vi. The Project site is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, as provided in Exhibit C;
vii. The Project site is not located in lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), or in a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.
Section1531 et seq.), or other adopted natural resource protection plan as provided in Exhibit C;
viii. The Project site is not located within a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 15 31 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code) as provided in Exhibit C;
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4 ix. The Project site is not located under a conservation easement as provided in Exhibit C;
x. The Project would not result in the demolition of housing, a site that would require demolition of housing that is subject to recorded rest rictions or law that limits rent to levels affordable to moderate, low, or very-low income households, subject to rent control currently occupied by tenants or that was occupied by tenants within the past 10 years, or a site that previously contained housi ng occupied by tenants that was demolished within the past 10 years because it has been occupied by a commercial use;
xi. The Project will not result in the demolition of a historic structure that is on any local, state or federal register;
xii. The Project site is not a parcel of land or site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act;
xiii. A portion of the site is within a special flood hazard area s ubject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. The Project A pplicant was able to demonstrate they can safely construct within the 100-year flood way as provided in Exhibit D;
xiv. The Project is exempt from labor standards contained in the streamlined ministerial approval process inclusive of prevailing wages and employment of skilled and trained workforce pursuant to State Department of Housing and Community Development (HCD) SB 35 Guidelines Section 403(b) and for which this exemption is applied pursuant to California Government Code Section 65913.4(a)(8)(B).
xv. The Project complies with all applicable development standards noted in the BMC, unless deviations are otherwise permitted through the incentives, concession and waiver requests and exemptions sought under local and State density bonus law (BMC Section 10- 1-634 et. seq. and California Government Code Section 65915) and SB 35 streamlined ministerial approval process (California Government Code Section 6591 3.4), as shown in Exhibit B – Objective Standards Consistency Analysis . More specifically, the Project complies with the M-2 zone development standards related to: 50% landscaping requirement along exposed front and side yards, 36 -inch box tree installation throughout the Project site, design review standards with recessed front entrance, building modulations, surface breaks , and use of neutral and earth tone colors for exterior finishes that are complementary and consistent across all building elevations, and all other applicable standards as identified in Articles 6, 8, and 11 through 16 of Chapter 1 (Zoning) of Title 10 (Zoning Regulations). 22-29,374
5 b. Findings For Concession
The Project conforms to the requirements outlined in Burbank Municipal Code (BMC) Section 10-1-634 et. seq. and California Government Code Section 65915.
In accordance with BMC Section 10-1-634 et. seq. and California Government Code Section 65915, the Project is requesting two exemptions and one concession from the City’s development standards that would faci litate the Density Bonus request. Additionally, in accordance with California Government Code Section 65913.4, the Project is requesting one exemption to facilitate development of a 148-unit multifamily residential building. The Project is requesting the following development standard concession and exemptions from the BMC:
1. Setbacks: BMC Section 10- 1-812 of the City’s Zoning Code states that all structures within the General Industrial (M-2) zone shall be set back at least 5 feet from the front lot line or 20 percent of the building height, whichever is greater. The minimum required front setback for the proposed building is 15 feet and 2 inches.
The Project is requesting an exemption from the required front yard setback to allow a zero feet front yard setback due to a required dedication to the City of Burbank for street improvements along Empire Avenue. The requested modification is necessary to accommodate the required building envelope to facilitate development of the permitted units and needed accessory facilities for the proposed housing development as provid ed for under local and State density bonus law . The requested concession is identified as a Tier 3 in the City’s inclusionary housing regulations, as a 100 percent reduction to the minimum front setback is not identified in Tiers 1 or 2.
2. Density: The area of the Project site is 0.84 acres. The base density allowed on the lot is 58 units per acre. Thus, the allowed number of units on the approximate
0.86-acre site at 58 dwelling units per acre is 49 dwelling units. Pursuant to California Government Code Section 65915(f)(3)(D)(ii), the Project is eligible for unlimited density because one hundred percent of the units proposed under the Project (excluding manager’s units) are affordable to extremely low-, very low-, and low- income households and the Project site is located within one- half mile distance of major transit stops. Specifically, the Project is located within one- half mile of two major public transit stations – the Project is approximately 68 feet from the Empire/Niagara station and approxim ately 0.41 miles from the Regional Intermodal Transportation Canter (RITC). Public Resources Code Section 21064.3 defines a Major Transit Stop as a site containing a rail or bus rapid station or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak headway periods. Its proximity to Major Transit Stops and 100% affordable units make the Project eligible for the requested 302% density increase, pursuant to the State De nsity Bonus law. Therefore, the requested density is necessary to facilitate development of the permitted units as provided for under local and State density bonus law.
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6 3. Building Height: The maximum allowed building height on the Project site pursuant to B MC Section 10- 1-812 of the Burbank Zoning Code is 50 feet. The Project qualifies for an increase in building height from the maximum allowed 50 feet to
75.75 feet pursuant to California Government Code Section 65915(d)(2)(D), which allows for a 33-foot increase in height if a multi-family development is located within half a mile distance of a major transit stop and proposes one hundred percent of all units as affordable units. The additional 25.75 feet increase in building height will allow the Project to accommodate the proposed 148 units on the Project site.
The requested modification is necessary to accommodate the required building envelope to facilitate development of the permitted units and needed accessory facilities for the proposed housi ng development as provided for under local and State density bonus law.
4. On-Site Parking Standards: The Project is requesting a reduction in on-site parking standards to allow 7 parking spaces. Pursuant to California Government Code Section 65913.4(e)(1)(A) and Section 102(t) of the updated streamlined ministerial approval process HCD guidelines, the Project is eligible for exemption from on-site parking requirements because it is located within one- half mile of a public transit stop. The reduced on- site parking allows the Project to accommodate the proposed 148 units on the Project site. Therefore, the proposed number of on-site parking complies with the applicable exemptions provided to the Project as a 100% affordable housing development under the noted provisions of State law.
5. The City Clerk shall mail a copy of this Resolution to the Applicant in accordance with the Burbank Municipal Code.
PASSED AND ADOPTED this 1st day of November, 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
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7 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 1st day of November 2022, by the following vote:
AYES: Frutos, Schultz, Anthony and Talamantes.
NOES: Springer.
ABSENT: None.
_s/Zizette Mullins______________
Zizette Mullins, MMC, City Clerk