Attachment 1 — Burbank City Council, May 23, 2023

ATTACHMENT 1, PAGE 1

Eff.: ORDINANCE NO.________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE

BURBANK MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN

AND DEVELOPMENT STANDARDS FOR MIXED -USE AND

RESIDENTIAL-ONLY PROJECTS IN NONRESIDENTIAL ZONES

City Attorney’s Synopsis

This Urgency Ordinance amends the Burbank Municipal Code, Title 10, Chapter 1, to establish objective design and development standards for mixed-use and residential - only projects in nonresidential zones , updating the land use table to reflect where such uses are permitted, and making other minor clarifications in furtherance of these changes.

As an urgency measure, the design and development standards established within this Urgency Ordinance will become effective immediately upon a 4/5ths vote of the City Council.

THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:

A. The City of Burbank Charter Section 500 authorizes the City Council to adopt an urgency ordinance as an emergency measure for preserving the public peace, health, safety, and general welfare.

B. On September 28, 2022, Governor Gavin Newsom signed Assembly Bill 2011 (AB 2011), the Affordable Housing and High Road Jobs Act of 2022, into law amending California Government Code Sections 65400 and 65585, and adding and repealing Chapter 4.1 (commencing with Section 65912.100) of Division 1 of Title 7 of the Government Code, relating to housing. Amongst other provisions, AB 2011 makes certain affordable multifamily housing development projects a by-right use subject to streamlined, ministerial review on sites within a zone where office, retail or parking is the principally permitted use and for mixed -income housing along commercial corridors, if the projects meet specified affordability, labor, and environmental requirements. Qualifying projects are exempt from California Environmental Quality Act (CEQA) requirements and must be processed within 90 days for projects that have 150 housing units or less and within 180 days for projects that exceed 150 housing units. AB 2011 allows for jurisdictions to review these projects but limits the review to verification of compliance with objective design and development standards within that limited time frame. AB 2011 goes into effect on July 1, 2023.

C. Many properties in nonresidential zones in the City of Burbank will qualify as a potential site for an AB 2011 project. A project’s eligibility for streamlined, ministerial review is based on criteria such as: the subject site being zoned where office, retail or

ATTACHMENT 1, PAGE 2
parking are permitted uses by ri ght, the site’s distance from a freeway and oil or gas refinery, and whether it abuts a commercial corridor. Additionally, the width of the commercial corridor abutting the subject site and the site’s distance from a major transit stop may affect the maximum allowable density and height that is applicable to the project.

D. Most of Burbank’s properties are now potentially open to residential development, and the current development standards for the zones where many of these properties are located are not well-suited for residential or mixed-use development. State laws already allow multifamily residential and mixed-use projects on properties that allow residential density pursuant to the Burbank2035 General Plan under Senate Bill (SB) 35 adopted in 2017. With the introduction of new State laws that require the streamlined and ministerial approval process for qualifying multifamily residential and mixed -use development projects, planning staff anticipates an increase in applications for all types of streamlined reviews throughout the City.

E. The City Council finds that in the absence of a local ordinance or objective design or development sta ndards, the City would have to approve mixed-use residential and multifamily housing projects in nonresidential zones that meet only the minimal nonresidential development standards that are currently in effect for the underlying nonresidential zones. The State’s foremost priority, when passing AB 2011 and similar housing bills, was to meet the housing production goals and to alleviate California’s housing crisis. These bills require that multifamily residential and mixed-use projects be approved if they meet certain eligibility criteria and meet the local objective design and development standards, without traditional notice to the public or rights to appeal the project. Community meetings, deliberations on design, findings of neighborhood compatibility, and debate by decision -makers are not intended to be part of the process for these streamlined ministerial projects.

F. The City Council finds that the Urgency Ordinance is necessary to preserve the public peace, health, safety, and welfare, as the approval of mixed-use and multifamily residential housing developments in nonresidential zones has the potential to create safety and quality of life issues related to light, air, privacy, noise, and commercial operations for the residential components within the proposed project, as well as residential neighborhoods that are adjacent to, or nearby, affected nonresidential zones.

G. The City Council finds this Urgency Ordinance will establish a more complete set of mixed-use and multifamily residential-only development and design standards that can be applied during a streamlined ministerial review process mandated by State law, as well as to mixed-use projects that are subject to the City’s discretionary review through a conditional use permit.

H. By adopting local objective design and development standards, the City will position itself to retain as much local control over future development as possible and preserve the public health, safety, and welfare by encouraging thoughtful neighborhood development, while continuing to comply with state preemption laws relating to housing.

ATTACHMENT 1, PAGE 3
I. This Urgency Ordinance is adopted as an urgency measure under the Charter of the City of Burbank ("City Charter"), Section 500 and is necessary for the immediate preservation of the public peace, health, safety, and w elfare. The facts constituting the urgency are:

1) The City does not currently allow residential only projects in all nonresidential zones, and as such, does not have sufficient objective development standards governing such uses. Nor does the City have any sufficient objective design and development standards for mixed -use residential development, which is currently allowed in certain non-residential zones with discretionary review.

2) AB 2011, adopted by the State, will require cities to allow certain types of residential and mixed-use residential projects in nonresidential zones through a streamlined ministerial approval process beginning on July 1, 2023.

3) Without objective design and development standards applicable to eligible AB 2011 projects, the City will be unable to regulate secondary impacts from such developments relating to height, mass, noise, privacy, open space, lighting, circulation urban design, and building operations re lated to parking, loading, venting, and permitted uses.

4) Without objective design and development standards in place, the proposed developments with limited City oversight could permanently change the fabric of the community while altering the pattern of development along the City’s commercial corridors with increased density and intensity, increased building heights, little to no on -site parking , and reduced setbacks and privacy between development sites and neighboring land uses.

5) In addition to AB 2011, state law already imposes a streamlined, ministerial approval process for certain eligible multifamily housing projects under California Gover nment Code Section 65913.4 (enacted by Senate Bill (SB) 35), where such projects may be located in nonresidential zones. Since the adoption of SB 35, the City has received seven applications subject to SB 35 streamlined ministerial review, six of which are in nonresidential zones. The City has found itself unable to apply objective development standards to these projects to adequately address height, mass, urban design, open space, privacy, parking and loading, bicycle infrastructure, and pedestrian access as such objective standards do not currently exist in the Burbank Municipal Code. With the passage of AB 2011, the City anticipates receiving even more eligible residential projects in nonresidential zones that are only subject to objective design and development standards.

6) As a result of the above, it is necessary to establish immediate local objective design and development standards to safeguard residential and nonresidential neighborhoods and provide clear guidance for project applicants who wish to introduce residential projects in nonresidential zones.

ATTACHMENT 1, PAGE 4
H. On May 23, 2023, pursuant to City Charter Section 500 , the City Council considered an urgency ordinance to establish objective design and development standards for mixed -use and residential -only projects in nonresidential zones, updating the land use table to reflect where such uses are permitted, and making other minor clarifications in furtherance of these changes. The City Council considered the report and recommendation of the Community Development Director, and other communications presented during the meeting.

I. The City Council finds that all previously issued building permits and other entitlements approved prior to the effective date of this Urgency Ordinance for housing development projects shall remain in full force and effect.

J. Pursuant to AB 2011 (Government Code Sections 65912.114(o) and 65912.124(o)), all cities and counties may adopt an ordinance to implement the provisions of AB 2011.

K. The City Council hereby finds and determines that p ursuant to California Government Code Sections 65912.114(o) and 65912.124(o), a local government may adopt an ordinance to implement the provisions of California Government Code Title 7, Division 1, Chapter 4.1, Article 2 (Affordable Housing Developments in Commercial Zones) and Article 3 (Mixed-Income Housing Developments Along Commercial Corridors) (enacted by AB 2011), and the adoption of such ordinance shall not be considered a “project” subject to the requirements of the California Environmental Quality Act (CEQA).

Therefore, adoption of this Urgency Ordinance is not a “project” subject to CEQA.

Therefore, no further analysis under the California Environmental Quality Act is required.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

Section 1. Findings. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.

Section 2. Amendment to Burbank Municipal Code (BMC) Section 10-1- 203. The following definition is hereby added to Section 10 -1-203 of the BMC to read as follows:
“MULTIFAMILY: Means the same as “Dwelling, Multiple Family.”

Section 3. Amendment to Burbank Municipal Code (BMC) Section 10-1- 502 Uses in All Zones. Table 10 -1-502 is hereby amended and restated as follows (additions to the BMC are underlined and deletions are marked in strikeout):

ATTACHMENT 1, PAGE 5

P = permitted CUP = Conditional Use Permit required AUP = Administrative Use Permit required (blank) = prohibited [CUP] = CUP required if residentially adjacent as defined in 10-1-203 [AUP] = AUP required if residentially adjacent as defined in 10-1- 203
[PRH] = prohibited if residentially adjacent as defined in 10-1-203 S = When required by State preemption law

LAND USE C-2 C-3 C-4 M-1 M-2 MDM-
1 MDC-
2 MDC-
3 MDC-
4 NB GO RC C-R RBP BCC-
1 BCC-
2 BCC-
3 BCCM MPC-
1 MPC-
2 MPC-
3 OS AP RR AD

RESIDENTIAL AND LODGING
Multifamily
Residential above
commercial with
nonresidential use
CUP /
S

CUP /
S

S S CUP /
S

CUP /
S

S S S S S CUP /
S
CUP /
S
CUP /
S

S CUP /
S
CUP /
S

CUP /
S

Multifamily
Residential-only
(pursuant to the
Burbank Center
Plan)

S S S S S S S S S S S S S S S S P / S S S S S

ATTACHMENT 1, PAGE 6
Section 4. Amendment to Burbank Municipal Code (BMC) Title 10, Chapter 1, Article 6, Division 3.5 . A new Division “ Multifamily Residential-Only Development in Nonresidential Zones” is hereby added to the BMC and replaces in its entirety, Division

3.5 of Article 6, Chapter 1, Title 10, as outlined in Exhibit A to this Ordinance, attached and incorporated herein.

Section 5. Amendment to BMC Title 10, Chapter 1, Article 9, Division 4. A new Division “Mixed-Use Development in Nonresidential Zones” is hereby added to the BMC and replaces in its entirety, Division 4 of Article 9, Chapter 1, Title 10, as outlined in Exhibit B to this Ordinance, attached and incorporated herein.

Section 6. Amendment to Property Development Standards. The following sections of the BMC relating to Property Development Standards in nonresidential zones are hereby amended by adding the following language to read as follows:

A. BMC 10 -1-705 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

2. Multifamily residential-only developments allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 6, Division 3.5 of this Code, commencing with Section 10-1-621.”

B. BMC 10 -1-712 (PROPERTY DEVELOPMENT STA NDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

2. Multifamily residential-only developments allowed as set forth in Section

ATTACHMENT 1, PAGE 7
10-1-502. These projects shall be governed by the provisions of Article 6, Division 3.5 of this Code, commencing with Section 10-1-621.”

C. BMC 10 -1-718 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

D. BMC 10 -1-724 (PROPERTY DEVELOPMENT STANDARDS) is he reby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developme nts (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

E. BMC 10 -1-806 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection G to read in its entirety as follows:

“G. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall

ATTACHMENT 1, PAGE 8
be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

F. BMC 10 -1-812 (PROPERTY DEVELOPMENT STANDARDS) is he reby amended by adding the following subsection G to read in its entirety as follows:

“G. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

G. BMC 10 -1-2107 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection L to read in its entirety as follows:

“L. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the f ollowing projects:

H. BMC 10 -1-2112 (PROPERTY DEVELOP MENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“The standards set forth in Section 10 -1-2107 of this article shall apply to the MDC-2 Zone. Notwithstanding the foregoing, this Section shall not apply to

ATTACHMENT 1, PAGE 9
the following projects:

I. BMC 10 -1-2116 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“The standards set forth in Section 10 -1-2107 of this article shall apply to the MDC-3 Zone. Notwithstanding the foregoing, this Section shall not apply to the following projects:

J. BMC 10 -1-2122 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“The standards set forth in Section 10 -1-2107 of this article shall apply to the MDC-4 Zone. Notwithstanding the foregoing, this Section shall not apply to the following projects:

K. BMC 10 -1-2417 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

ATTACHMENT 1, PAGE 10

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

L. BMC 10 -1-2425 (PROPERTY DEVELOPMENT STANDARDS) is h ereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

M. BMC 10 -1-2433 (PROPERTY DEVELOPMENT STANDARDS) is h ereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developm ents (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

2. Multifamily residential-only developments allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of

ATTACHMENT 1, PAGE 11
Article 6, Division 3.5 of this Code, commencing with Section 10-1-621.”

N. BMC 10 -1-2441 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the f ollowing projects:

O. BMC 10 -1-2450 (PROPERTY DEVELOP MENT STANDARDS) is hereby amended by adding the following subsection F to read in its entirety as follows:

“F. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

P. BMC 10 -1-2507 (PROPERTY DEVELOPMENT ST ANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“Except as modified by Division 7 of this Article, all development shall comply with the standards of the C -1 Zone, specificall y Section 10-1-705 et seq.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be

ATTACHMENT 1, PAGE 12
governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

Q. BMC 10 -1-2513 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“Except as modified by Division 7 of this Article, all development shall comply with the standards of the C -2 Zone, specifically Section 10-1-712 et seq.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily resi dential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

R. BMC 10 -1-2519 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“Except as modified by Division 7 of this Article, all development shall comply with the standards of the C -3 Zone, specifically Section 10-1-718 et seq.

Notwithstanding the foregoing, this Section shall n ot apply to the following projects:

S. BMC 10 -1-2524 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

ATTACHMENT 1, PAGE 13
“Except as modified by Division 7 of this Article, all development shall comply with the standards of the C -4 Zone, specifically Section 10-1-724 et seq.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

T. BMC 10 -1-2603 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection G to read in its entirety as follows:

“G. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use dev elopments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

U. BMC 10 -1-2613 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection F to read in its entirety as follows:

“F. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

ATTACHMENT 1, PAGE 14

Section 7. Amendment to Property Development Standards for Burbank Center Plan Area . BMC Sections 10-1-2527 (Residential Development as Part of a Commercial Mixed Use Project) and 10 -1-2528 (Residential-Only Development in Commercial Zones) are hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“10-1-2527: RESIDENTIAL DEVELOPMENT AS PART OF A COMMERCIAL MIXED USED PROJECT:

For mixed -use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10 -1-502, the provisions of Article 9, Division 4, commencing with Section 10-1-915 shall apply.

In the BCC-1, BCC-2 and BCC-3 zones, residential uses shall be permitted by Conditional Use Permit on the levels above the ground floor, with an allowable density based on the R-4 Zone. All R-4 development standards shall apply, with the exception of setba cks and landscaping of setbacks, which shall conform to the development standards of the respective C-1 or C-2 Zone classification.

10-1-2528: RESIDENTIAL -ONLY DEVELOPMENT IN COMMERCIAL ZONES:

For multifamily residential -only development allowed as set forth in Section 10 -1- 502, the provisions of Article 6, Division 3.5. commencing with Section 10 -1-621 shall apply.

When not otherwise required by state law, Residential residential-only development shall be permitted by Conditional Use Permit exclusively in areas zoned BCC -3, located on the west side of Glenoaks Boulevard between Verdugo and Cypress Avenues, and on the east side of San Fernando Boulevard between Verdugo Avenue and Alameda Avenue if more than 300 feet from any intersections of t wo (2) arterial roadways. Residential -only development shall not be permitted in the BCC-3 Zone located on the west side of Victory Boulevard between Chandler Boulevard and Clark Avenue. Any residential -only development shall comply with all R -4 Residentia l Zone development standards, including setbacks and landscaping of setbacks. The allowable density is based on the R-4 Zone.”

Section 8. Severability . If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.

Section 9. Effective Date. Based on the findings contained herein, the Staff Report, other written evidence and testimony concerning this Urgency Ordinance, the City Council declares this Urgency Ordinance is necessary as an emergency measure to

ATTACHMENT 1, PAGE 15
preserve the public peace, health, safety and welfare. As such, this Urgency Ordinance shall be introduced, passed and adopted at one and the same meeting and shall become effective immediately upon a 4/5ths vote by the City Council.

Section 10. Environmental Assessment This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”). P ursuant to Government Code Sections 65912.114(o) and 65912.124(o) , a local government may adopt an ordinance to implement the provisions of California Government Code Title 7, Division 1, Chapter 4.1 , Article 2 (Affordable Housing Developments in Commercial Zones) and Article 3 (Mixed-Income Housing Developments Along Commercial Corridors (enacted by AB 2011), and the adoption of such ordinance shall not be considered a “project” subject to the requir ements of the California Environmental Quality Act (CEQA). Therefore, this Ordinance is not a “project” subject to CEQA.

PASSED AND ADOPTED this ____ day of ________, 2023.

___________________________
Konstantine Anthony
Mayor

Attest: Approved as to Form:

Office of the City Attorney

_________________________ By: ________________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney

ATTACHMENT 1, PAGE 16

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2023, by the following vote:

AYES:

NOES:

ABSENT:

I further certify that the Full Ordinance was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its ______________, 2023 adoption.

__________________________
Kimberley Clark, City Clerk

ATTACHMENT 1, PAGE 17

EXHIBIT A

ATTACHMENT 1, PAGE 18
Title 10: Zoning Regulations
Chapter 1: Zoning

Article 6: Residential Uses and Standards

Division 3.5: Multifamily Residential-Only Development in Nonresidential Zones

10-1-621: PURPOSE:

The purpose of this Division is to establish regulations for multifamily residential-only developments in nonresidential zones (all zones except for R-1, R-1-H, R-2, R-2, R-4, or MDR-3, and MDR -4). Nonresidential zones in the City typically have a visual character and land uses dictated by commercial development standards. Specialized development standards are needed to ensure that any residential development that occurs in these zones is appropriately designed to safeguard the health, safety and general welfare of potential residents and adjacent residential uses.

10-1-622: APPLICABILITY:

A. This Division applies to the following projects:

1. Residential-only projects consisting of Multifamily Residential -Only uses in nonresidential zones when allowed pursuant to BMC Section 10-1-502.

2. Residential-only projects consisting of Multifamily Residential -Only uses in nonresidential zones when mandat ed subject to streamlined ministerial review pursuant to State law that preempts local requirements.

B. Residential additions to existing residential uses:

1. If one or more dwelling units are added to an existing single -family dwelling and the single-family structure is retained, all units on the lot, including the previously existing single -family dwelling, shall comply with the applicable requirements of this Division.

2. If one or more dwelling units are added to a property with an existing nonresidential use and the nonresidential use is retained, this Division shall

ATTACHMENT 1, PAGE 19
not apply and instead, the project will be subject to Article 9, Division 4 (Mixed-Use Development in Nonresidential Zones).

C. To the extent that any provision in this Division conflicts with Sta te laws that preempt local development standards for an applicable project, State law will control over the conflicting provision. In such event, the remainder of this Division that is not in conflict with State law will apply to the project.

10-1-623: APPLICATION REQUIREMENTS:

Application submittal requirements shall be established by the Director, and will include, at a minimum:

A. General Application Form with owner signature and architectural plans pursuant to Standard Plan Details, as issue d by the Director. Applications seeking review through the Streamlined Ministerial Approval Process shall submit the application materials as listed in Section 10-1-19302(D).

B. Identification of any applicable State laws, including any State law that is inv oked for a streamlined ministerial review process. Include a detailed narrative description of how the project satisfies all State law criteria for any applicable streamlined ministerial review process.

C. A consistency table that identifies all the applica ble local development standards and describes how the project complies with these standards.

D. For sites in nonresidential zones, as well as sites identified by the Burbank Fire Department (the Fire Marshall) as having a history of hazardous materials use or storage, the applicant shall conduct a Phase I Environmental Assessment (as defined in California Health and Safety Code Section 25319.1) and submit a Phase I Environmental Site Assessment (ESA) report in compliance with industry standards established by the American Society for Testing and Materials, as well as any further studies recommended in the Phase I report. Furthermore:

1. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment (as defined in California Health and Safety Code Section 25319.5), prepared by an environmental assessor to determine the existence of any release of a hazardous substance

ATTACHMENT 1, PAGE 20
on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

2. If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

3. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist on the site, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

4. The applicant shall be responsible for any cost related to third par ty review of a Phase I ESA report and any subsequent environmental documents submitted in compliance with this Section.

10-1-624: PROPERTY DEVELOPMENT STANDARDS:

The property development standards for the underlying zoning designation and those found i n Articles 11 through 16 of this Chapter shall apply to all multifamily residential-only developments, except as otherwise stated in this Division. In the instances of conflicting regulations between this Division and other sections of Title 10, Chapter 1, the requirements of this Division supersede any conflicting standards in this Chapter.

A. STANDARDS TABLE.

All multifamily dwelling structures in the nonresidential zones shall be designed, constructed, and established in compliance with the requirements in Table 10 -1- 624(A) and all other applicable provisions of this Division and this Code, unless otherwise preempted by State law. Where the last column in the table includes a Section number, the referenced Section includes additional requirem ents related to the development standard. In the case of a discrepancy between the table or elsewhere in this Division, the requirements specified elsewhere in this Division supersede the conflicting standards.

ATTACHMENT 1, PAGE 21
Table 10-1-624(A)
Development Standards for Residential-Only Uses in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Density
Maximum Density
(dwelling units(1) per
acre)
Based on General Plan Consistency table in
underlying zone and the Burbank 2035 General Plan
land use designation unless otherwise preempted by
State law.

Lot size and dimensions for newly created lots
Minimum lot area 6,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Maximum lot coverage
80% 10-1-624(C)
Maximum height (2)
Subject to height limits in Subsection D of Section 10- 1-624. 10-1-624(D)
Minimum yard setbacks
Front minimum The required setback from the front lot line for all structures, excluding fully subterranean, semi -
subterranean and above -grade parking
structures/garages, shall be at least five (5) feet from the front lot line or 20 percent of the building height, whichever is great er, but no greater than ten (10)
feet; this setback requirement may be averaged.

Such setback shall be calculated for the length of the
building frontage only.

See 10 -1-624(E) for required yard setbacks for
parking structures/garages.
10-1-624(E)
10-1-624(G)

ATTACHMENT 1, PAGE 22
Table 10-1-624(A)
Development Standards for Residential-Only Uses in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Rear minimum 5 feet
10-1-624(E)
10-1-624(G)
Interior side
minimum
5 feet
10-1-624(E)
10-1-624(G)
Street-facing side
minimum
Street-facing side yards, inclusive of side yards on
corner lots, shall be considered as front yards for
purposes of this Division
10-1-624(E)
10-1-624(G)
Buffer yard area for
side or rear yard
abutting or adjacent
to single family
zoned property
20 feet (3) 10-1-624(F)
Buffer yard area for
side or rear yard
abutting or adjacent
to multiple family
zoned property or
any lot with an
existing multiple
family residence
10 feet (3) 10-1-624(F)
Maximum fence, wall, and hedge heights
Within front yard or
street-facing side
yard setback area
4 feet solid
6 feet (50% open design) (4)
8 feet (hedges only)
10-1-624(H)
Outside of front
yard or street-facing
side yard setback
area
6 feet solid
8 feet (hedges only) 10-1-624(H)

ATTACHMENT 1, PAGE 23
Table 10-1-624(A)
Development Standards for Residential-Only Uses in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Parking
Minimum number
of off-street tenant
parking spaces (5), (6)
(7)
1 space per Studio or 1-bedroom unit

1.5 spaces per 2- or 3-bedroom unit

2.5 spaces per 4-bedroom unit
10-1-624(I)
10-1-624(J)
Minimum number
of off-street bicycle
parking spaces

0.25 bicycle spaces per residential unit

i. 75% Long Term

Long‐Term Bicycle Parking is bicycle
parking which accommodates
residents, employees, students,
and others expected to park a
bicycle for more than two hours.

This parking shall be provided in an
enclosed space within the project
walls or a covered location shielded
from the elements and obscured
from the general public.

ii. 25% Short Term

Short‐Term Bicycle Parking is
bicycle parking which
accommodates visitors, customers,
messengers, and others expected
to park a bicycle for two hours or
less. The racks shall b e secured to
the ground and be located in areas
accessible from the associated use.

ATTACHMENT 1, PAGE 24

Notes/Additional Requirements:

1. Unless otherwise preempted by State law, the maximum density on a lot is based on total lot area. For the purposes of implementing this Division, if a street dedication or easement is required, maximum density shall be calculated using the size of the lot prior t o the street dedication or easement.

Unless otherwise preempted by State law, dwelling unit calculations, the number of allowed dwelling units is determined by rounding down to the nearest whole number even when the fraction is 0.5 or greater.

2. Unless otherwise permitted by State or Federal law, the maximum height limits also apply to free -standing structures other than buildings including antennas.

Table 10-1-624(A)
Development Standards for Residential-Only Uses in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Open space and landscaping
Minimum common
area per unit 100 square feet 10-1-624(L)
Minimum private
open space area per
unit
70 square feet 10-1-624(K)
Minimum private
open space
dimensions
No dimension less than 5 feet 10-1-624(K)
Minimum
percentage of lot
area that shall be
landscaped outside
of required front
and street-facing
setbacks
10 10-1-624(N)

ATTACHMENT 1, PAGE 25

3. Public alleys and streets may be included in the required buffer distance.

4. Open design me ans that for each one (1) foot section of fence or wall, at least 50 percent of the surface area is open and provides direct views through the fence or wall.

5. The number of required parking spaces for all units, including fractions of a space, is added together before rounding. The sum total is subject to normal rounding procedures (where a fraction of 0.5 or greater counts as an additional space). For the purpose of determining the required number of parking spaces, bedrooms are those rooms within the unit identified as bedrooms by Section 10-1-203 and the Building Official.

6. Parking requirements are different for projects that are built as condominiums or converted from apartments to condominiums. See Section 10-1-629.

7. Required parking in th is subsection is required for all residential units, unless otherwise preempted by State law.

B. FLOOR AREA RATIO.

All multifamily residential -only housing development projects (regardless of zoning designation) are not subject to maximum Floor Area calculations. If there are two or more structures on the lot, at least one residential and one nonresidential, the entire property is subject to the Mixed -Use standards in Article 9, Division 4.

C. LOT COVERAGE.

1. Lot coverage is calculated using the footprint of all covered structures with a height of six (6) feet, eight inches or more feet on the property except as exempted below, as measured from the exterior walls or the outside edge of supporting posts.

2. Cantilevered upper stories and bal conies of up to five (5) feet are not included in the calculation of lot coverage. If the cantilevered portion is greater than five (5) feet or if the overhanging portion is supported from the ground, the entire cantilevered portion shall be included in the calculation of lot coverage.

3. The following structures are not included in the calculation of lot coverage:

ATTACHMENT 1, PAGE 26
a. Non-enclosed porches, patios, porte-cocheres, and similar non-enclosed covered spaces and structures. A space is considered non-enclosed if it is completely open on at least two (2) sides from the ground or floor level to a height of six (6) feet, eight inches above the ground or floor level.

b. Fully subterranean parking garages where the top of the roof deck is located at or below the average grade.

D. HEIGHT.

1. The maximum height of a building or structure shall be determined by its distance from the closest lot line of any property zoned for residential uses as follows, unless otherwise preempted by State law:

2. Roof and architectural features, including, but not limited to ornamental towers, spires, steeples, belfries and cupolas and roof appurtenances such as rooftop equipment, skylights, fire and parapet walls, chimneys, ventilating fans, antennas, tanks, flagp oles, penthouses or roof structures for housing elevator lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it, may exceed the maximum height, up to 15 add itional feet, if a 45 -degree angle as depicted in Diagram No. 1 is maintained. This 45 -degree angle shall be drawn inwards from the intersection of setback required in Table A of Section 10-1-624 and maximum height allowed.

DISTANCE FROM

SINGLE-FAMILY

RESIDENTIAL

ZONED LOT

DISTANCE FROM

MULTIPLE-FAMILY

RESIDENTIAL

ZONED LOT

MAXIMUM HEIGHT
0 - 149 feet 40 feet. A request for greater maximum
height may be reviewed through the
Conditional Use Permit process.
150 - 299 feet 0 - 299 feet 60 feet. A request for greater maximum height may be reviewed through the
Conditional Use Permit process.
300 feet or greater 300 feet or greater 80 feet. A request for greater maximum height may be reviewed through the
Conditional Use Permit process.

ATTACHMENT 1, PAGE 27
Diagram 1

3. A height buffer is required from any single -family zoned lot. When adjacent or adjoining a single-family zoned lot, no architectural or roof features may project into an imaginary 45 -degree plane for a distance of 25 feet from a point 20 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining single-family zoned lot, unless otherwise preempted by State law. Please refer to Diagram 2 below:

Diagram 2

Encroachments into the height buffer area are allowe d for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.

ATTACHMENT 1, PAGE 28

4. A height buffer is required from any multiple -family zoned lot. When adjacent or adjoining a multiple -family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 35 vertica l feet from grade at the intersection of the nearest property line of the adjacent or adjoining multiple family zoned lot, unless otherwise preempted by State law. Please refer to Diagram 3 below:

Diagram 3

Encroachments into the height buffer area ar e allowed for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.

5. A Conditional Use Permit is required for building or structure height greater than the maximum heights allowed in Subsections D(1) and D(2).

6. Height is measured from the average grade of the lot. Grade is determined as defined in Section 10-1-203. The building or structure height is the vertical distance measured from Grade to the ceiling of the highest room permitted for human occupancy.

7. On lots that extend across multiple height zones listed in Subsection D(1), the portion of a structure within the distance requirement (e.g. less than 150 feet) shall meet the height requirement for that section (e.g. 40 feet). Should a structure extend beyon d one (1) or more of the distance requirements, the

ATTACHMENT 1, PAGE 29
portions of that structure within each distance requirement shall meet each applicable height requirement separately.

8. Except when used as enclosure of rooftop open space areas, parapets may not exceed six (6) feet in height above the intersection of the roof surface and the wall.

9. The ground floor of all buildings shall have a minimum height of 13 feet, as measured from the sidewalk elevation to the second story floor or roof if it is part of a one-story building.

10. Fully subterranean garages and fully subterranean basement floors are not counted towards the building height. For the purpose of this sub -section, fully subterranean means below the average grade. Above-grade garages as defined in Section 10-1-624(J) shall be counted towards building height.

E. YARD SETBACKS AND ENCROACHMENTS.

1. The minimum required setbacks for all yards are specified in Table 10 -1- 624(A).

2. Structures, except above-grade, semi-subterranean, and fully subterranean parking structures, on lots with less than 75 feet of lot frontage, have no required front or street side yard setbacks on those lot frontages of 75 feet or less.

3. The required setback from the front or street-facing lot line for above - grade, semi-subterranean, and fully subterranean parking structures shall be at least five (5) feet or 20 percent of building height, whichever is greater, but no greater than ten (10) feet. In no event shall the setback be less than three (3) feet.

This setback requirement may be averaged. For example, a parking structure with a height of 25 feet that is 50 feet wide, would have a minimum setback of 5 feet. This setback can be averaged by providing 3 feet for 50% and 7 feet for the remaining 50% of the structure length.
a. Any portion of street -facing parking garage visible above grade shall constitute no more than 50% of each street-facing elevation of the primary structure. The remaining portion of the garage shall be set back a minimum of 15 feet from the property line. The area between this portion and the property line may be utilized for other enclosed or open space as allowed by this Division.

ATTACHMENT 1, PAGE 30

b. ii. When abutting or adjacent to single -family zoned lots, above -grade parking structures shall be setback 20 feet from the residential property line. When abutting or adjacent to multiple family zoned lots, above-grade parking structures shall be setback ten (10) feet from the residential property line. Public rights -of-way may be used in this calculation. For setbacks for surface parking lots, see Article 14, Division 4 of this Chapter.

4. Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified i n Table 10-1-624(E). Encroachment distances are measured from the minimum required setback line inclusive of any applicable required buffers and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

Table 10-1-624(E)
Encroachments Into Yard Areas
Structure/Object Setback Type Maximum encroachment (2)
Structural walls and posts
supporting an overhead structure,
including covered and uncovered
portions of semi-subterranean
garages; and any structural
components or objects not
specifically listed in this table
Front up to within 36 inches of
property line
Rear none permitted
Interior Side none permitted
Street-Facing
Side
up to within 36 inches of
property line
Fully subterranean parking garages
or portions of covered parking
garages where the top deck is 3
feet or more below the natural
ground surface directly above
Front up to within 36 inches of
property line
Rear up to property line
Interior Side up to property line
Street-Facing
Side
up to within 36 inches of
property line
Eaves, canopies, cornices, sills, etc.
not supported by posts
Front up to property line
Rear up to within 40 inches of
property line

ATTACHMENT 1, PAGE 31
Table 10-1-624(E)
Encroachments Into Yard Areas
Structure/Object Setback Type Maximum encroachment (2)
Interior Side up to within 40 inches of
property line
Street-Facing
Side
3 feet
Covered balconies with covers
supported by posts
Front none permitted
Rear none permitted
Interior Side none permitted
Street-Facing
Side
none permitted
Uncovered patios or porches at
ground level
Front 5 feet
Rear up to property line
Interior Side up to property line
Street-Facing
Side
5 feet
Uncovered porches, patios, decks,
and platforms above ground level
but no higher than first floor level
Front 5 feet
Rear none permitted
Interior Side none permitted
Street-Facing
Side
none permitted
Stairways, ramps, and landings
leading up to grade level from
subterranean and semi-
subterranean parking garages or
other below-grade spaces
Front 5 feet
Rear up to property line
Interior Side up to property line
Street-Facing
Side
5 feet
Front up to within 36 inches of
property line

ATTACHMENT 1, PAGE 32
Table 10-1-624(E)
Encroachments Into Yard Areas
Structure/Object Setback Type Maximum encroachment (2)
Stairways, ramps, and landings
leading from grade level up to the
first-floor level
Rear up to property line
Interior Side up to property line
Street-Facing
Side
up to within 36 inches of
property line
Stairways, ramps, and landings
above first floor level; and
uncovered balconies at or above
first floor level
Front 5 feet
Rear none permitted
Interior Side none permitted
Street-Facing
Side
5 feet
Above-ground and in-ground
swimming pools and spas (as
measured to water line)
Front none permitted
Rear up to within 10 feet of
property line
Interior Side up to within 10 feet of
property line
Street-Facing
Side
none permitted
Permanent pool equipment, air
conditioning equipment, water
heaters, barbecues, play
equipment, and similar accessory
appliances and equipment (1)
Front none permitted
Rear up to within 48 inches of
property line
Interior Side up to within 48 inches of
property line
Street-Facing
Side
none permitted
Trash enclosures and equipment
enclosures
Front none permitted
Rear up to within 48 inches of
property line

ATTACHMENT 1, PAGE 33
Table 10-1-624(E)
Encroachments Into Yard Areas
Structure/Object Setback Type Maximum encroachment (2)
Interior Side up to within 48 inches of
property line
Street-Facing
Side
none permitted
Chimneys Front none permitted
Rear up to within 40 inches of
property line
Interior Side up to within 40 inches of
property line
Street-Facing
Side
2 feet
Notes:
(1) Water heater and equipment closets that are built -in to a structure or enclosed by structural walls may not encroach into any required setback area.
(2) Any encroachment that projects into the public right of way shall be subject to Encroachment Permit requirements.

5. Bicycle parking is allowed within required yards specified in Table 10 -1- 624(A), provided that it is in conformance with all provisions of the Burbank Municipal Code and any other applicable objective design and development standards issued by the City.

6. No structures or objects may be constructed or placed in required yard areas except as expressly permitted by this Section or as specifically included in the definition of Landscaping in Burbank Municipal Code Section 10-1-203.

7. The following requirements apply to all required front yards and street - facing side yards:

ATTACHMENT 1, PAGE 34
a. A minimum of 50 percent of front and exposed side yards shall be landscaped.
b. Hardscape is limited to a driveway leading directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible, pedestrian pathways, and encroachments specifically permitted in T able 10 -1-624(E). For the purposes of this Subsection, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious surfaces.
c. The provision of outdoor amenities and decorative hardscape, such as outdoor seating areas with benches p ermanently affixed to the ground or hardscaped areas enriched with decorative materials which are under a tree canopy, shall be credited toward up to 50 percent of the required landscaping in all yards. Vehicular access areas may not be considered as decorative hardscape.
d. To qualify as landscaped area, all areas not occupied by trees or drought-tolerant shrubs shall be planted with drought-tolerant ground cover with a minimum soil depth of 12 inches. All planters shall be a minimum of 18 inches deep a nd two (2) feet in their smallest inside dimension, unless a tree is required, in which case a four (4) foot planter depth shall be required and the planter shall have a minimum inside dimension of four (4) feet.
e. In required front and exposed side ya rds, a minimum of one (1) tree shall be planted for every 40 linear feet of street frontage or fraction thereof.

Turf is allowed in up to 50 percent of required landscaped areas. In shrub areas, a minimum of one five (5) gallon shrub is required for every ten (10) square feet of shrub area.
f. A minimum of 50 percent of required trees shall be a minimum 36 -inch box size, with the remainder a minimum 24-inch box size. The required 36- inch box trees shall be equally distributed in required front or street side yards.
g. If trees are planted in planters, the planters shall have a minimum length and width of five (5) feet.

ATTACHMENT 1, PAGE 35
h. No vehicle may be parked at grade in a required front yard or street - facing side yard.

8. Reversed corner lots. The following requirements apply to any reversed corner lot that abuts a key lot when the key lot is located in any residential zone:
a. The minimum required street -facing side yard setback for the rear 30 feet of the reversed corner lot is equal to the minimum requi red front yard setback of the key lot.
b. Encroachments into the street -facing side yard setback for the rear 30 feet of the reversed corner lot are equal to the encroachments permitted into the front yard of the key lot.

F. BUFFER AREA.

1. Notwithstanding the setback encroachments specified in Table 10 -1-624(E), a 20-foot buffer area shall be provided in any side or rear yard that abuts or is adjacent to a single family zoned property and a 10-foot buffer shall be provided in any side or rear yard that abuts or is adjacent to a multiple family zoned property. The buffer area is measured from the property line of the single-family or multiple -family zoned property perpendicular to such property line, and includes public streets and alleys.
a. The buffer distance establishes the minimum setback line for the yard or yards in which it is provided, unless the buffer setback line is closer to the multifamily property line than the otherwise required minimum setback. Except as provided in th is Subsection, no encroachments by structures or objects are permitted into the buffer area beyond the allowable encroachments listed in Table 10 -1-624(E) or as listed in Subsection 10-1-624(F)(2) below.
b. The additional setback resulting from the buffer area required for this section shall not apply to the 15-foot additional height allowed for roof and architectural features and appurtenances within a 45 -degree incline plane established in Subsection D. The setback plane for those rooftop features is established by required setback in Subsection D(2) through D(4). c. When the subject property abuts or is adjacent to a single -family or multiple-family zoned lot, a five (5) foot strip of the open space which lies

ATTACHMENT 1, PAGE 36
adjacent to the residentially zoned lot shall be landscaped. This landscaping is intended to provide screening between the different zones.

2. The Buffer area may contain the following uses:
a. Where the buffer area abuts a public alley, the buffer area may be utilized as a driveway to provide vehicle access from the alley to an on -site garage or parking area using the shortest and most direct route feasible. b. The buffer area may contain pedestrian pathways.
c. The buffer area may contain outdoor common area and outdoor amenities, and hardscaping associated with the provision of amenities in an open space area, located up to within 10 feet of the shared property line.

For the purposes of this Subsection, hardscaping means cement concrete, asphalt, bricks, pavers, and similar impermeable surfaces. d. The buffer area may contain ground -level private open space areas so long as such areas are enclosed with an opaque enclosure as required by this Chapter.
e. The buffer area may contain uncovered parking spaces up to within 10 feet of the shared property line with a residential zone. f. The buffer area may contain portions of driveway for the purpose of accessing required onsite parking so long as any required landscaped open space is provided.
g. The buffer area may contain bicycle parking facilities subject to this Code and any other applicable City -issued objective design and development standards.

3. With the exception of the allowable uses listed in 10 -1-624(F)(2) above, the remaining portion of the buffer area located on the su bject property shall be landscaped as provided in Section 10-1-624(N).

G. PLANE BREAKS AND MODULATION.

1. The following plane breaks shall be required for all street -facing elevations:

ATTACHMENT 1, PAGE 37
a. A plane break shall be provided along each street-facing façade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the façade width or 20 feet, whichever is greater. The break depth shall be at least 5 feet for each elevation of each story under 40 feet in height and sha ll be open to the sky. Break dimensions are measured perpendicular to the plane of the wall.
b. At least 15% of the area of the first 40 feet of building height visible to the street, including features such as recessed balconies or building forms, shall be recessed by a minimum of 5 feet.

2. For buildings above 40' -0” in height, any portion of primary wall above 40-0” facing the street shall be recessed by an additional 5 feet from the required setback. Encroachments into this 5-foot offset are allowed as specified in Table 10-1-624(E). Please refer to Diagram 4 below:

Diagram 4

3. Plane breaks shall be provided on each structure on the lot.

ATTACHMENT 1, PAGE 38

4. Balconies, entries, and porches or portions thereof that are recessed into the building facade may be utilized to satisfy the plane break requirements.

Balconies, entries, and porches or portions thereof that project from the building facade may not be utilized to satisfy the break requirements.

H. FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

1. Fences, walls, and hedges.
a. Fences, walls, and hedges may not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, barbed wire, electric wire, or any other similar wire type that may pose serious risk of injury. Chain link fences are prohibited.
b. The maximum allowed height of fences, walls, and hedges is as specified in Table 10-1-624(A).
c. The height of a fence or wall is measured from the highest abutting finished ground surface of the property upon which the fence, wall, or hedge is located. On sloped surfaces, portions of a fence, wall, or hedge may exceed the maximum height for the purpose of providing a stair -step design, but each stair -step section, as measured from the horizontal midpoint, may not exceed the maximum height.
d. Ornamentation on top of fences, walls, and hedges in the front yard may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge or up to a maximum height of five (5) f eet, six (6) inches. All ornamentation features shall be spaced a minimum of four (4) feet apart, as measured on center. In all other yards, ornamentation may not exceed the maximum allowed height for fences, walls, and hedges.
e. All fences, walls, and hedges shall comply with the corner cutoff provisions of Section 10-1-1303.
f. Gates are subject to the same requirements as fences and walls. g. Guardrails and handrails may exceed the maximum wall and fence height up to the extent required by the Building Code. The guardrail shall be a fully transparent material or 50% open design.

ATTACHMENT 1, PAGE 39
h. Enforcement of nonconforming fences, walls, and hedges est ablished prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

2. Other yard features.
a. Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and a maximum interior length of three (3) feet as measured from the highest abutting finished ground surface. Other yard features are limited to a maximu m height of six (6) feet and a maximum width of six (6) feet.

3. Retaining walls.
a. Retaining walls located within front yard areas are limited to a maximum height of four (4) feet per wall.
b. Additional retaining walls shall be setback a distan ce equivalent to the height of the retaining wall below as measured from the face of the retaining wall below.
c. Fences or walls that are placed on top of a retaining wall within a front yard are limited to a maximum height of four (4) feet from the ab utting finished ground surface and require an additional two (2)-foot setback from the face of the retaining wall below.
d. Enforcement of nonconforming retaining walls established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1- 19202.

4. Exceptions. Exceptions from the requirements of this Subsection (H) (including the applicable requirements of Section 10-1-1303 referenced herein) may be granted by the Building Official when required by the Building Code for health or safety purposes or when required by State Law.

I. PARKING AREAS AND DRIVEWAYS.

1. All parking spaces provided in a multiple family dwelling project shall be full- size spaces no less than eight (8) feet, six (6) inches wide and no less than 18 feet deep. Parking spaces adjacent to walls and columns, and at the end of the access

ATTACHMENT 1, PAGE 40
aisle are subject to any additional dimension requirements in the Burbank Municipal Code and any applicable City Standard Plans.

2. When individual garages or carports are used to provide parking for individual units, a clear space no less than nine (9) feet, six (6) inches wide and 19 feet deep shall be provided inside the individual garage or carport for each parking space.

3. All parking spaces shall be clear of any encroachments including but not limited to structural features, shelves, cabinets, appliances, and equipment.

4. Tandem parking spaces may be used only as designated parking for units providing more than one (1) parking space. Tandem Spaces shall be no less than eight (8) feet, six (6) inches wide and no less than 36 feet deep.

5. Unrestricted access shall be provided to all guest spaces when such spaces are provided. Such spaces may not be located within a gated or secured area or otherwise have their access restricted.

6. All parking spaces located within the rear half of the lot may be in a garage or carport, covered, or uncovered; all other parking spaces shall be in an attached, detached, or subterranean enclosed parking garage.

7. All parking spaces, driveways, backup areas, and ac cess aisles shall be designed and constructed in compliance with Article 14 of this Chapter and any applicable City Standard Plans.

8. Onsite Driveways shall be improved with cement concrete, asphalt, brick, pavers, or a permanent surface approved by the Director.

9. Onsite driveways shall be no less than 10 feet wide and shall remain clear and unobstructed by any structural elements or vegetation. . Driveways located at the street-facing elevation of a structure shall not exceed 18 feet in width and all other driveways shall not exceed 20 feet width. For projects with less than 200 feet of street frontage, a maximum of 1 two-lane driveway shall be permitted for each street frontage. For sites with more than 200 feet of street frontage, a maximum of 2 two-lane driveways shall be permitted for each street frontage.

10. When a turning movement is required to back out of a parking space, including but not limited to a curved driveway or access from an alley, a

ATTACHMENT 1, PAGE 41
minimum backup turning radius of 24 feet s hall be provided for all parking spaces as measured from the exterior wall of the garage or carport.

11. No more than one (1) curb cut may be provided on each street frontage for each 100 feet of lot frontage on that street, except that lots with less than 100 feet of frontage may provide one (1) curb cut. Curb cuts shall be separated by at least 20 feet of uncut curb.

12. Unbundled Parking:
a. For any building with new residential units, automobile parking spaces shall be leased or sold separately from the rental or purchase fees, such that renters or buyers have the option of renting or buying the unit at a lower price than if the parking was included.

b. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month-to- month basis. New occupants shall have the opportunity to lease or purchase parking built for their unit.

J. PARKING GARAGES.

1. Parking garage shall be understood to be the same as a parking structure for the purpose of this Division.

2. To be considered a semi -subterranean garage, the top deck of a parking garage shall be no higher than five (5) feet above the natural abutting ground surface at any point as measured at a five (5) -foot horizontal distance out from the exterior wall surface.

3. Parking garages that exceed the height requirement for a semi - subterranean garage as described above are considered above-grade garages.

4. Portions of above -grade garages and semi -subterranean parking garages that extend above the ground surface on a front or street -facing side yard elevation shall be completely screened by a permanently irrigated landscaped berm or climbing vine wall or a decorated perforated metal screen. Any such feature is subject to the height limitations set forth in Table 10-1-624(A).

5. All garage openings on a front or street -facing side yard elevation shall provide access to a co mmon parking area for multiple units or shall provide

ATTACHMENT 1, PAGE 42
access to a common driveway that serves individual parking garages. Such openings may not serve a separate parking garage for an individual unit.

6. All vehicle gates to a parking garage on a street -facing elevation and parallel to the street shall be located at least 18’-0” from the property line to allow for single-vehicle queuing.

7. Garage doors shall not, when open or being opened, project beyond any lot line.

8. All subterranean, semi -subterranean, and above -ground garage openings may not exceed 20 feet in width, unless otherwise required by the Fire Department. On street-facing elevation of a structure, garage openings shall not exceed 18 feet in width, unless otherw ise required by the Fire Department. All garage openings on a front or street-facing side yard elevation shall be separated by at least 20 feet.

9. Setback requirements for all types of parking garages are contained in Section 10-1-624(E)(3).

K. PRIVATE OPEN SPACE.

1. Private open space areas shall be located outside the interior living space of a structure.

2. Private open space areas shall satisfy the minimum dimensions specified in Table 10-1-624(A).

3. Each individual private open space area shall be enclosed by an enclosure at least 42 inches tall. Such enclosure shall be opaque if located above the ground level and located on the building elevation directly facing a residentially zoned property.

4. Private open space shall abut the un it that it serves and allow for direct access from the unit without having to enter a common area.

5. Private open space areas shall have a slope no greater than five percent but may be located on multiple levels.

6. If located on multiple levels, ea ch level of private open space shall individually satisfy the minimum dimensions required by Table 10-1-624(A).

ATTACHMENT 1, PAGE 43

7. Front and street -facing side yards may be utilized for private open space.

Balconies used for private open space may encroach as permitted in Table 10-1- 624(E). Interior side and rear yards may be utilized for private open space so long as the open space is provided at grade and minimum dimensions are satisfied.

8. Rooftop areas, including the top of above-grade garages, may be utilized to satisfy required private open space requirements. Such areas shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. When a rooftop area is utilized for open space, such open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the buildi ng on each elevation, or as required by the height buffer established by this Section.

9. The sum of all roof decks on a single building shall not exceed a maximum coverage of 50 percent of the roof area.

10. Private open space areas shall be dedica ted areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features.

Hardscaping is limited to pedestrian pathways and recreation areas.

11. Private open space areas may not contain stairways or ramps except as necessary to provide access to the open space area or among different levels of the open space area.

12. When provided on the ground level, private open space areas shall be landscaped as provided in Section 10-1-624(N).

L. COMMON AREAS AND AMENITIES.

1. The following requirements apply to all amenities and common areas:
a. At -grade interior side and rear yard areas, inclusive of required buffer areas, may be utili zed for common area requirements so long as all minimum dimensions are satisfied.
b. All portions of all common areas shall be accessible to all tenants and useable for recreational purposes.

ATTACHMENT 1, PAGE 44
c. Rooftop amenities, including amenities located at the to p of above - grade garages, may be utilized to satisfy common area requirements.

Rooftop amenity areas shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. Rooftop open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on eac h elevation, or as required by the height buffer established by this Section.
c. All amenities shall be permanently installed as part of the project, unless otherwise approved by the Director.
d. Outdoor common areas shall be at least 80 percent open to the sky with no overhanging structural elements, including balconies or canopies. Any portions of common areas located on the roof shall be at least 50% open to sky.
e. Within outdoor common areas, all hardscape shall be brick, tile, or another permanent decorative material.
f. Outdoor common areas shall be dedicated areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access feature s. Hardscaping is limited to pedestrian pathways and recreation areas.

2. On -site amenities shall be provided as follows. Any of the amenity items listed below may be substituted with a comparable amenity subject to approval by the Director.
a. For p rojects with 20 or fewer units, two (2) different items from the following: gazebo, spa, cooking/eating area with built-in barbeque, fountain, reflection pool, water garden, or permanently affixed outdoor seating. b. For projects with 21 to 99 units, two (2) different items from Subsection (a) and one (1) additional item from the following: children’s indoor or outdoor play area or sandlot, dog park, lap pool, handball court, volleyball area, basketball court, activity room, sauna, or putting green.

ATTACHMENT 1, PAGE 45
c. For projects with 100 or more units, two (2) different items from Subsection (a), one (1) item from Subsection (b), and one (1) additional item from the following: in -ground or above -ground swimming pool including rooftop pools, tennis court, permanently equipped gym or exercise room with a minimum area of 300 square feet, personal dog grooming area with a minimum area of 200 square feet, a library with a minimum area of 500 square feet, a conference room with a minimum area of 400 square feet, or a community room with a kitchenette with a minimum area of 400 square feet, indoor or outdoor edible garden or greenhouse with a minimum area of 500 square feet.

M. PEDESTRIAN CIRCULATION.

1. Pedestrian circulation paths shall be provided to connect the fol lowing on- site and off-site locations and features:
a. Common building/project entries and individual unit entries b. Parking garages and surface parking areas
c. Bicycle parking areas
d. Common areas including play areas, recreation areas, and sitting areas e. Trash collection areas
f. Public sidewalks
g. Transit stops

2. Pedestrian paths shall have a minimum width of 60 inches and shall be improved with a decorative paved surface, brick, pavers, or similar material approved by the Director.

3. If a pedestrian path is included on one (1) or more sides of a vehicle driveway, access aisle, or parking area, such path shall be differentiated from the vehicle circulation area by a change in color, material, and/or texture.

N. LANDSCAPING.

Landscaping shall be provided for every lot, yard, open space area, and parking area as provided in this Subsection. For the purposes of this Subsection, “landscape area” means an area covered with soil and planted with trees, shrubs, tur f/lawn, or other vegetation, including permanent planters.

ATTACHMENT 1, PAGE 46

1. A minimum percentage of the area of each lot shall be landscape area as specified in Table 10 -1-624(A). All landscape area, including landscaping within common areas, but excluding required l andscaping within required front and street-facing setbacks, may be used to satisfy this requirement.

2. When abutting or adjacent to a single-family zoned property, a minimum of 10% of each required rear and interior side yard area shall be landscape area.

3. All landscape areas shall provide minimum soil depths as follows:
a. 12 inches for areas planted with drought-tolerant ground cover b. 18 inches for planters and areas planted with drought -tolerant shrubs and similar vegetation
c. 4 feet for planters or areas planted with trees

4. Each planter and landscape area shall have no dimension or diameter less than three (3) feet.

5. All required common areas located outdoors shall be landscaped as follows:
a. Outdoor common areas shall have a minimum of 10% of area covered by landscaping. If common areas are provided in more than one (1) area, each individual area shall provide the minimum percentage of landscape area.
b. All landscape areas within outdoor common areas shall be accessible by pedestrians.
c. Trees shall be provided in outdoor common areas at a rate of one (1) tree per 600 square feet of open space area, subject to rounding up to the nearest whole number. If outdoor common area is provided in more than one (1) a rea, the number of required trees shall be calculated using the collective total of outdoor common area. The required number of trees may be distributed among the outdoor common areas at the discretion of the applicant with Director approval.
d. At least one half (1/2) of the required trees shall be at least 36-inch box size. All other trees shall be at least 24-inch box size.

ATTACHMENT 1, PAGE 47

6. All required private open space areas shall be landscaped if located on the ground level. At least 10 % shall be landscaped.

7. All buffer areas required by Section 10-1-624(F) shall be landscaped as follows:
a. All non-hardscaped areas within the buffer area shall be landscaped. b. At least one 36-inch box tree shall be provided every 15 linear feet along any lot line that abuts or is adjacent to a single-family zoned property. c. If the buffer area is used to satisfy an outdoor common area requirement, the landscaping and trees may also be counted toward satisfying the outdoor common area landscaping and tree requirements.

10. All planters shall be constructed of permanent masonry or concrete construction. All planters shall provide drainage directly into a drainage system.

11. All landscape areas shall include a permanent fully autom atic irrigation system. Irrigation systems shall utilize water conservation design concepts including but not limited to low-flow sprinkler heads and bubblers, drip systems, zone separation, microclimate considerations, and moisture sensors. Irrigation systems may operate only between the hours of 9 p.m. and 6 a.m. A separate meter and service shall be installed for irrigation purposes only. When recycled water becomes available in the area directly adjoining the site, use of recycled water will be required for all irrigation needs. Pending recycled water availability, a backflow device will be required to protect the potable water system.

12. Landscaping plans demonstrating compliance with the landscaping requirements shall be prepared by a registered l andscape architect. Final species selection and placement of all trees and vegetation shall be approved by the Director.

O. BUILDING ORIENTATION AND DESIGN.

1. All structures shall be oriented to the street by providing entries, windows, architectural features, and/or balconies on front and street -facing side yard elevations.

2. Along any street -facing elevations, windowless expanses of walls shall not exceed 20 feet in linear length for each habitable story of the structure.

ATTACHMENT 1, PAGE 48

3. The area of blank building wall fronting a public street may not exceed a square area where the height and width are both 10 feet.

4. A break in a blank building wall shall be provided by any of the following:
a. Doors, windows, or other building openings.
b. Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest. c. Varying wall planes where the wall plane projects or is recessed at least six inches.
d. A permanently attached trellis or f unctionally similar architectural feature for landscaping.
e. A mural or public art attached to the building wall, if approved to fulfill Art in Public Places requirements pursuant to Section 10-1-1114.

5. The following do not qualify as a break in blank wall:
a. Variation in exterior building wall color.
b. Stand-alone planted vegetation or landscaping not attached to a building wall.
c. Commercial, residential or directional signs.
d. Mechanical appurtenances such as water heaters, vents, or utility meters.

6. Shade Structures
a. Shade structures may project up to two -thirds of the sidewalk width, when approved through an encroachment permit.
b. Shade structures shall allow a minimum of 10 feet of vertical clearance from sidewalk elevation.
c. Shade structures shal l not encroach into the Tree Protection Zone (See Section 7-4-101) of any public tree.

7. Arcades
a. Arcades shall be located behind the minimum setback. b. Arcades shall be a minimum of 8 feet from back of column to building façade.

ATTACHMENT 1, PAGE 49
c. The distance between columns shall be equal to or greater than the arcade depth dimension, as measured from the column center. d. The façade within the arcade shall meet the ground floor transparency requirements referenced in subsection Q.
e. Uses allowed within arcades include: pedestrian travel, seating/street furniture, outdoor dining, landscape planters, and/or bicycle parking.

P. MATERIALS AND COLORS.

1. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) colors shall be used on the primary structure.

2. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) materials shall be used on the primary structure.

3. Excluding windows and doors, inclusive of window and door trim materials, no material or color shall compose more than 75 percent of street -facing building façade(s).

Q. WINDOWS AND AWNINGS.

1. Windows shall be recessed by a minimum of 3 inches from the façade.

2. At least 25 percent of the ground floor area (height and width) of each street- facing facade shall be windows or entrance doors. Those buildings on lots with 75 feet or less of street frontage which are built to the street property line shall have a minimum 35 percent of the building facade on the ground floor devoted to window treatment.

3. Street -facing facades shall incorporate glass providing views into the lobby, common area, or amenity areas. The minimum transparency is as follows:
a . Ground floor: 15%
b. Overall Façade: 10%

4. Ground floor tra nsparency is measured as the percentage of building frontage that consists of transparent openings between a height of 2 feet and 10 feet above sidewalk elevation

5. The following requirements apply to all awnings, if used:

ATTACHMENT 1, PAGE 50
a. Awnings may not extend downward to cover more than 25 percent of a window face.
b. Vinyl, plastic, and ribbed metal awnings are prohibited.

R. ROOF DESIGN AND MASSING.

1. Roof mansards and parapets, when used, shall continue around all building elevations, whether or not they are visible from the street.

S. ENTRIES AND PORCHES.

1. The ground floor shall include a common lobby or entryway for the residential units to facilitate pedestrian access to the public realm.

2. All entrances shall be recessed a minimum of 30 inches from the building face.

3. No unit or project entry may open directly onto a parking area, driveway, or other vehicle circulation area. This requirement is not intended to prohibit secondary entries that provide access from a private garage that serves the individual unit.

4. Walls along the side of a stoop, patio or entry to a residential dwelling unit greater than 30" in height shall be set back a minimum of 18 inches from the sidewalk line, separated by planted area.

T. BALCONIES AND STAIRWAYS.

1. Balconies shall be a minimum of three (3) feet deep. When used to satisfy the private open space requirement, balc onies shall be a minimum of five (5) feet deep.

2. Balconies on elevations that abut or are adjacent to residentially zoned properties or properties that contain a residential use shall be enclosed by a solid opaque wall no less than five (5) feet tall.

3. Exterior stairways: enclosures or landscape barriers shall be provided wherever there is less than seven (7) feet vertical clearance below stairs.

U. TRASH COLLECTION AREAS.

ATTACHMENT 1, PAGE 51

1. All multifamily dwelling projects shall provide a designated on-site trash and recycling collection area.

2. Projects with four (4) or more dwelling units shall provide a designated on - site trash and recycling collection area no smaller than seven (7) feet by eight (8) feet, unless an alternate size is approved by the Public Works Department. When located outside of a structure, the collection area shall be covered and enclosed on three (3) sides by a masonry wall no less than six (6) feet tall and have a solid permanent metal gate(s). Doors and gates of trash enclosures cannot swing out into any public right-of-way or required vehicle aisle or maneuvering area.

3. Trash bins and enclosures shall not be located in any required front or street side yard area.

4. If the lot abuts an alley, the trash bin and/or trash enclosure shall be directly accessible from the alley.

V. LIGHTING.

1. Lighting shall be provided in all common areas including, but not limited to:
parking garages, outdoor parking areas, common areas, pedestrian paths, stairways, and hallways.

2. Outdoor lighting fixtures shall be shielded and positioned and directed so as not to shine or cause glare onto adjacent properties or public rights-of-way.

3. Free-standing lighting fixtures shall be no taller than eight (8) feet as measured from the abutting ground surface or floor level.

W. OTHER FEATURES.

1. Venting/Exhaust:

Residential Vents shall be directed to the roof. If physically impossible to be directed to the roof, vents shall be routed through the wall and screened with a decorative vent cap.

2. Gutters and Downspouts:

ATTACHMENT 1, PAGE 52
Gutters and Downspouts shall be integrated into the building, or an architectural feature so that it is not publicly visible or located on a non - street facing façade.

3. Mechanical, Electrical, Plumbing, Fire Department Connection (FDC) Equipment:
a. Shall not be located in the required street/front yard or street facing side yard setback, unless fully undergrounded.

b. If unable to be undergrounded in the street/front or street facing side yard setback, the equipment shall be incorporated within the des ign of the building, or when located in any other setback or open space the equipment shall be fully screened using techniques such as block walls or permanent irrigated landscaping with a minimum height equal to the equipment.

c. The screening shall not exc eed the height of the mechanical, electrical, plumbing or FDC equipment or other similar equipment being screened.

d. Roof mansards and parapets, when used as screening for roof mounted equipment, shall continue around all building elevations, whether or not they are visible from the street. Roof mounted equipment shall be considered effectively screened when it cannot be seen from a height of six feet from the public right -of-way or private property within 150 feet radius of the exterior of the building.

X. SIGNS.

1. Sign standards for multifamily residential -only developments in nonresidential zones are subject to the R-3/R-4 sign requirements in Section 10-1-1011.

2. One additional wall -mounted sign per building frontage may be installed, not to exceed the combined area of 2 square feet for each linear foot of that building frontage. The sign shall not extend beyond any point above the parapet height or lower than thirteen (13) feet above adjacent sidewalk.

ATTACHMENT 1, PAGE 53

Y. OTHER OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS.

In addition to compliance with this Code, all projects subject to this Division shall also comply with any applicable objective design and development standards adopted by resolution of the City Council.

ATTACHMENT 1, PAGE 54

EXHIBIT B

ATTACHMENT 1, PAGE 55
Title 10: Zoning Regulations

Chapter 1: Zoning

Article 9: Miscellaneous Uses and Standards

Division 4: Mixed-Use Development in Nonresidential Zones

10-1-915: PURPOSE:

The purpose of this article is to establish regulations for mixed -use developments in nonresidential zones (all zones except for R-1, R-1-H, R-2, R-3, R-4, or MDR-3, and MDR- 4). Nonresidential zones in the City typically have a visual character and land u ses dictated by commercial development standards. Specialized development standards are needed to ensure mixed -use development that occurs in these zones is appropriately designed to safeguard the health, safety and general welfare of potential residents a nd adjacent residential uses.

10-1-916: APPLICABILITY:

A. This Division applies to the following projects:

1. Mixed-use developments consisting of Multifamily Residential with Nonresidential Uses in nonresidential zones when allowed pursuant to BMC Section 10-1-502.

2. Mixed-use developments consisting of Multifamily Residential with Nonresidential Uses when mandated subject to streamlined ministerial review pursuant to any state law that preempts local requirements.

B. Additions to existing uses:

1. If one or more dwelling units are added to an existing nonresidential use and the nonresidential structure is retained, all project features, including the previously existing nonresidential structure, shall comply with the applicable requirements of this Division.

2. If one or more dwelling units are added to an existing single -family dwelling or multifamily dwelling with no nonresidential uses present on the site, this Division shall not apply and instead, the project will be subject to Article 6, Division 3.5 (Multifamily Residential-Only Development in Nonresidential Zones).

3. If nonresidential FAR is added to an existing multifamily project, the newly added nonresidential FAR shall comply with all requirements of this Division. Existing

ATTACHMENT 1, PAGE 56
multifamily units that are re tained that do not meet parking, open space, or other requirements of this Division may continue their non -conforming status so long as their non-conformity is not increased.

C. To the extent that any provision in this Division conflicts with state laws that preempt local development standards for an applicable project, state law will control over the conflicting provision. In such event, the remainder of this Division that is not in conflict with state law will apply to the project.

10-1-917: APPLICATION REQUIREMENTS:

Application submittal requirements shall be established by the Director, and will include, at a minimum:

A. General Application Form with owner signature and architectural plans pursuant to Standard Plan Details, as issued by the Director. Applications seeking review through the Streamlined Ministerial Approval Process shall submit the application materials as listed in Section 10-1-19302(D).

B. Identification of any applicable state laws, including any state law that is invoked for a streamlined ministerial review process. Include a detailed narrative description of how the project satisfies all state law criteria for any applicable streamlined ministerial review process.

C. A consistency table that identifies all the applicable local development standards and describes how the project complies with these standards.

If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment (as defined in California Health and Safety Code Section 25319.5), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health haz ards from any nearby property or activity.

If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

ATTACHMENT 1, PAGE 57
If a potential for exposure to significant hazards from surrounding properties or activities is found to exist on the site, the effects of the potential exposure shall be mitigated to a level of insignificance in compli ance with current state and federal requirements.

The applicant shall be responsible for any cost related to third party review of a Phase I ESA report and any subsequent environmental documents submitted in compliance with this Section.

10-1-918: DEFINITIONS:

This Section provides definitions of terms and phrases used that are technical or specialized or that may not reflect common usage. In case of conflict with other provisions of the Zoning Code, these definitions shall control for the purposes of i mplementing this Division. If a word is not defined, the Director shall determine the correct definition.

BUILDING FRONTAGE: The horizontal distance, measured at grade, of building wall facing the street.

FAÇADE: Any exterior wall plane of a building, ground level to top of roof.

FLOOR AREA RATIO (FAR): Numerical value obtained by dividing the above -ground Usable Floor Area of a building or buildings located on a lot by the total area of the lot.

FOOTPRINT: The total ground floor area of the combined structures on a site or project area defined by the perimeter of the building(s), including parking structures but excluding surface parking lots and non-occupancy structures.

GROSS FLOOR AREA (GFA): The total horizontal area of all the floors beneath the roof of a building.

GROUND FLOOR: The first habitable floor of a building closest to sidewalk elevation.

MIXED-USE DEVELOPMENT: The combination of nonresidential and residential uses in the same structure, where the residential component is located either above (vertical mixed-use) or behind (horizontal mixed -use) the nonresidential component.

Nonresidential uses are typically commercial uses.

OPEN SPACE, COMMON: Those ind oor or outdoor portions of a building that provide common services for residents or tenants. This may include spaces such as, but not limited to, rooftop decks, patio areas, leasing center, gyms/exercise space, shared kitchen, recreation center, screening or living room, business center, mail room, or library.

These spaces/portions of the building may be permitted on the ground floor where residential units are not permitted subject to applicable development standards.

ATTACHMENT 1, PAGE 58

OPEN SPACE, PRIVATE: Those portions o f a residential use building exclusively dedicated to residential units. This may include spaces such as, but not limited to, balconies, rooftop decks with direct access to the unit, and enclosed patios on the ground floor.

OPEN SPACE, PUBLICLY ACCESSIBL E: Portions of outdoor open space that are accessible to the general public.

SETBACK, INTERIOR: Non-street side or rear setback measured at a right angle from the nearest point of the property line abutting another parcel or alley to the nearest portion of the structure, excluding any porches.

SETBACK, STREET: Front or street -side setback measured at a right angle from the nearest point of the sidewalk line to the nearest portion of the structure, excluding any porches.

SHARED PROPERTY LINE: The property line separating adjacent parcels.

SIDEWALK LINE: The line parallel to the property line accommodating the required sidewalk width, measured from the curb face. Where a sidewalk width is not specified, the sidewalk line is the property line.

STEPBACK: The horizontal distance by which an upper story structure or development feature is required to be separated from the property line or the sidewalk line where applicable. Regulated above a specified vertical distance.

STREET FRONTAGE: The horiz ontal distance along the street, measured at grade, between property lines (or sidewalk line where applicable) that are perpendicular to the adjacent street.

SUBTERRANEAN: The level of a building, inclusive of parking or habitable space, located primarily below the ground level with a top plate of two feet or less above sidewalk elevation.

TRANSPARENT OPENING: Building openings (windows or doors) or transparent glazing that provide visual access into the structure.

UNBUNDLED PARKING: Parking spaces, i n any permitted configuration, rented or sold separately from the lease or purchase price of a residential dwelling unit.

USABLE FLOOR AREA (UFA): The total usable horizontal area of all the floors beneath the roof of a building. Final determination on areas to be exempt from usable floor area

ATTACHMENT 1, PAGE 59
shall be made by the City Planner. The following areas shall be exempted from Usable Floor Area:
• Uncovered areas within the building footprint (such as courtyards open to the sky) or detached uncovered areas.
• Covered patio/canopy areas used exclusively for parking, circulation and/or shade cover for common open spaces.
• Overhangs or eaves and other architectural features.
• Detached trash enclosure and/or ancillary equipment enclosure areas, whether covered or uncovered.
• Temporary structures, storage pods, or trailers used for ancillary storage only. • Unmanned mechanical equipment rooms and duct shafts that serve the building as a whole.
• Exterior walls and permanent interior walls and columns of building or structure. • Open and additional floor areas above the lowest level of a stairwell. • Areas above the lowest floor level of an elevator shaft. • Covered or uncovered areas for vehicle parking for the principal use on the lot, inclusive of required stall dimensions, backup areas, and aisle widths. Such areas are exempt whether they are provided in a separate structure on the same property, or within the building footprint.
• In buildings that include residential uses as part of mixed-use development, all areas associated with the residential use exclusively.

10-1-919: USES ALLOWED WHEN PART OF A MIXED-USE DEVELOPMENT:

A. All uses specified by underlying zoning designation established in 10 -1-502, shall be allowed as part of a mixed -use development except as speci fied in subsection B, below.

1. The entitlement requirements for any proposed use, as specified in 10-1-502, shall apply. For the purposes of implementing this Section, a mixed-use development is considered “residentially adjacent” whether the property is adjacent to a residentially zoned property or not.

B. The following uses are prohibited in any mixed -use development, regardless of whether the use is otherwise allowed in 10-1-502:

1. Firearms and ammunition sales.

2. Heavy industrial uses.

3. Hospitals (human or animal), not inclusive of services that do not offer overnight care.

4. Ambulance or emergency services.

ATTACHMENT 1, PAGE 60

5. Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, b oats, motorcycles, trucks, or recreational vehicles.

6. Welding, machining, or open flame work.

7. Storage or shipping of hazardous waste as defined in 22 California Code of Regulations § 66261.3, flammable liquids, or hazardous materials beyond those that are typically associated with a residential use.

8. Any other activity or use determined by the Director to have the possibility of adversely affecting the health or safety of residents within, or adjacent to, a mixed- use project because of the potential for th e use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes beyond that normally associated with a residential use.

10-1-920: PROPERTY DEVELOPMENT STANDARDS:

The property development standards for the underlying zoning designation and those found in Articles 11 through 16 of this Chapter shall apply to all mixed-use developments, except as otherwise stated in this Division. In the instances of conflicting regulations between this Division and other sections of Title 10, Chapter 1, the requirements of this Division supersede the conflicting standards in this Chapter.

A. STANDARDS TABLE.

All mixed -use projects in nonresidential zones shall be designed, constructed, and established in compliance with the requirements in Table 10 -1-920(A) and all other applicable provisions of this Division and this Code, unless otherwise preempted by state law. Where the last column in the table includes a Section number, the referenced Section includes additional requirements related to the development standard. In the case of a discrepancy between the table or elsewhere in this Division, the requirements s pecified elsewhere in this Division supersede the conflicting standards.

Table 10-1-920(A)
Development Standards for Mixed-Use Developments in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Density

ATTACHMENT 1, PAGE 61
Table 10-1-920(A)
Development Standards for Mixed-Use Developments in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Maximum Density
(dwelling units per
acre)
Based on General Plan Consistency table in
underlying zone and the Burbank 2035 General
Plan land use designation unless otherwise
preempted by state law.

10-1-920(B)
Lot size and dimensions for newly created lots
Minimum lot area 6,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Maximum height(1)
Subject to height limits in Subsection B(3) of
Section 10-1-920, unless otherwise preempted by
state law.
10-1-920(B)
Minimum yard setbacks
Street and street-
facing side yard
minimum
Subject to yard limits in Subsections B(4) and B(5)
of Section 10 -1-920, unless otherwise preempted
by state law.
10-1-920(B)
Interior Buildings shall be set back a minimum of 10 feet from an interior property line that is adjacent to
residential zone. Interior property lines include rear
lot lines.
10-1-920(B) No setback is required when adjacent to other nonresidential zones or alleys.

However, the required step-backs and buffer areas
required by Section 10 -1-920(B)(4) shall apply to
structures adjacent or adjoining a single -family or
multiple-family zoned lot.

Frontage standards
Subject to design and development standards in
Subsection C of Section 10-1-920, unless otherwise
preempted by state law.

10-1-920(C)
Architectural features

ATTACHMENT 1, PAGE 62
Table 10-1-920(A)
Development Standards for Mixed-Use Developments in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Subject to design and development standards in
Subsection D of Section 10-1-920, unless otherwise
preempted by state law.

10-1-920(D)
Maximum fence, wall, and hedge heights
Within street
setback 48 inches 10-1-920(E)
Outside of front
yard or street-
facing side yard
setback area
Refer to development standards for the underlying
zone. 10-1-920(E)
Exterior finishes
Subject to design and development standards in
Subsection F of Section 10-1-920, unless otherwise
preempted by state law.

10-1-920(F)
Parking and driveways
Minimum number
of off-street tenant
parking spaces(2),
(3), (4)
1 space per Studio or 1-bedroom unit

1.5 spaces per 2- or 3-bedroom unit

2.5 spaces per 4-bedroom unit

For nonresidential use, as specified for those
specific uses in Division 1 of Article 14 of Title 10.

10-1-920(I)
Minimum number
of off-street bicycle
parking spaces

0.25 bicycle spaces per residential unit within the
mixed-use development. This requirement does
not apply to condominium units with individual
garages.

The nonresidential component of the mixed -use
development requires bicycle parking at the
following rates:

a. Commercial use: 1 space per 1,000 square
feet of adjusted gross floor area

ATTACHMENT 1, PAGE 63
Table 10-1-920(A)
Development Standards for Mixed-Use Developments in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
b. Office/media use: 1 space per 1,000 square
feet of adjusted gross floor area

c. Industrial Uses: 1 space per 5,000 square feet
of adjusted gross floor area

d. Hotel/Motel Uses: 0.1 spaces per key

Bicycle parking shall be distributed as follows:

75% Long Term

Long‐Term Bicycle Parking is bicycle parking
which accommodates residents, employees,
students, and others expe cted to park a bicycle
for more than two hours. This parking shall be
provided in an enclosed space within the project
walls or a covered location shielded from the
elements and obscured from the general public.

25% Short Term

Short‐Term Bicycle Parking is bicycle parking
which accommodates visitors, customers,
messengers, and others expected to park a
bicycle for two hours or less. The racks shall be
secured to the ground and be located in areas
accessible from the associated use.

Open space
Subject to open space requirements in Subsection
G of Section 10 -1-920, unless otherwise
preempted by state law.

10-1-920(G)
Landscaping
Subject to landscaping requirements in Subsection
H of Section 10-1-920, unless otherwise preempted
by state law.
10-1-920(H)

ATTACHMENT 1, PAGE 64
Table 10-1-920(A)
Development Standards for Mixed-Use Developments in Nonresidential Zones Development
Standards All Nonresidential Zones
Additional or
Related
Standards
Pedestrian circulation and site design
Subject to design and development standards in
Subsection K of Section 10-1-920.
10-1-920(K)
Performance standards
Subject to development standards in Subsection J
of Section 10 -1-920, unless otherwise preempted
by state law.
10-1-920(J)

Notes:

1. Unless otherwise required by state or federal law, the maximum height limits also apply to free-standing structures other than buildings including antennas.

2. The number of required parking spaces for all units, including fractions of a space, is added together before rounding. The sum total is subject to normal rounding procedures (where a fraction of 0.5 or greater counts as an additional space). For the purpose of determining the required number of parking spaces, bedrooms are those rooms within the unit identified as bedrooms by Section 10-1-203 and the City of Burbank Building Code.

3. Parking requirements are different for projects that are built as condomini ums or converted from apartments to condominiums. See Section 10-1-629.

4. Required parking in this subsection is required for all residential units, unless otherwise preempted by state law.

B. BUILDING SCALE.

1. These standards are intended to:

a. Implement the General Plan density (du/ac) and intensity values;

b. Shape development in a manner that creates a defined public realm and appropriate scale of buildings for a visually appealing community;

c. Reduce building massing through setback and stepba ck requirements that create appropriate transitions to residential neighborhoods; and

ATTACHMENT 1, PAGE 65

d. Support high -quality architecture and urban design through modulation requirements and ground floor frontage standards.

2. Density/Intensity.

a. Density. The allowed Densit y is pursuant to the underlying General Plan land use designation unless otherwise preempted by state law.

b. Floor Area Ratio. Nonresidential square -footage in developments that include nonresidential space shall not exceed the allowable floor area ratio (F AR) for the underlying General Plan land use designation.

c. Easements and Dedications:

i. The maximum Density or FAR is based on total lot area. If a street dedication or easement is required as part of a development project, FAR and Density shall be calculated using the size of the lot prior to the street dedication or easement.

ii. Unless otherwise mandated by state or federal law, for dwelling unit calculations, the number of allowed dwelling units is determined by rounding up to the nearest whole number even when the fraction is 0.5 or less.

(a) For development projects proposing to utilize In-lieu fees or alternatives to building affordable units on site – the number of allowed dwelling units is determined by rounding down to the nearest whole number whe n the fraction is less than 0.5.

d. For the purposes of implementing Section 10 -1-920(G) related to open space, the residential floor area is included in gross floor area for mixed -use developments.

e. Areas used exclusively for vehicle and bicycle parking and loading are excluded from FAR.

3. Height.

a. The maximum height of a building or structure shall be determined by its distance from the closest lot line of any residentially zoned property as follows, unless otherwise preempted by state law:

ATTACHMENT 1, PAGE 66

b. Exceptions:

i. Roof and architectural features, including, but not limited to ornamental towers, spires, steeples, belfries and cupolas and appurtenances such as rooftop equipment, skylights, fire and parapet walls, chimneys, ventilating fans, antennas, tanks, flagpoles, penthouses or roof structures for housing elevator lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it, may exceed the maximum height, up to 15 additional feet, if a 45-degree angle as depicted in Diagram No. 1 is maintained. This 45-degree angle shall be drawn inwards from the intersection of setback required in Table A of Section 10-1-920 and maximum height allowed.

DISTANCE FROM

SINGLE-FAMILY

RESIDENTIAL

ZONED LOT

DISTANCE FROM

MULTIPLE FAMILY

RESIDENTIAL

ZONED LOT

MAXIMUM HEIGHT
0 - 149 feet 40 feet. A request for greater
maximum height may be
reviewed through the
Conditional Use Permit
process.
150 - 299 feet 0 - 299 feet 60 feet. A request for greater maximum height may be
reviewed through the
Conditional Use Permit
process.
300 feet or greater 300 feet or greater 80 feet. A request for greater maximum height may be
reviewed through the
Conditional Use Permit
process.

ATTACHMENT 1, PAGE 67
Diagram 1

c. Height is measured from the average grade of the lot. Grade is determined as defined in Section 10 -1-203. The building or structure height is the vertical distance measured from Grade to the ceiling of the highest room permitted for human occupancy.

d. On lots that extend across multiple height zones listed in Subsection B(3)(a), the portion of a structure within the distance requirement (e.g. less than 150 feet) shall meet the height requirement for that section (e.g. 35 feet). Should a structure extend bey ond one (1) or more of the distance requirements, the portions of that structure within each distance requirement shall meet each applicable height requirement separately.

e. Except when used as enclosure of rooftop open space areas, parapets may not exceed six feet in height above the intersection of the roof surface and the wall.

f. Fully subterranean garages and fully subterranean basement floors are not counted towards the building height. For the purpose of this sub -section, fully subterranean means below the average grade. Above -grade garages shall be counted towards building height.

g. Unless otherwise preempted by state or federal law, the maximum height limits also apply to free -standing structures other than buildings including antennas, satellite dishes, and flagpoles when such features are not located on top of a building.

ATTACHMENT 1, PAGE 68

4. Step-Backs and Buffer Area.

a. General Requirements.

i. Notwithstanding the setback encroachments specified in Table 10 -1- 920(B)(5)(d), a 20-foot buffer area shall be provided in any side or rear yard that abuts or is adjacent to a single -family zoned property and a 10 -foot buffer shall be provided in any side or rear yard that abuts or is adjacent to a multiple family zoned property. The buffer area is measured from the property line of the single-family zoned property perpendicular to the single- family property line and includes public streets and alleys.

(a) The additional setback resulting from the buffer area required for this Section shall not apply to the 15 -foot height allowed for roof and architectural features and appurtenances within a 45 -degree incline plane established in the height section. The setback plane for those rooftop features is established by required setback in Subsections 10-1- 920(B)(3)(b) and 10-1-920(B)(4)(b).

ii. When the subject property abuts or is adjacent to a single-family or multiple- family zone, a five (5) foot strip of the open space which lies adjacent to the residentially zoned property shall be landscaped, unless the residential zoned lot is separated fr om the subject lot by a public right -of-way.

Additionally, if vehicular alley access is provided, the portions where the access occurs are exempt from this requirement. This landscaping is intended to provide visual separation and screening between the dif ferent zones.

iii. The buffer area may contain the following uses:
(a) Where the buffer area abuts a public alley, the buffer area may be utilized as a driveway to provide vehicle access from the alley to an on -site garage or parking area using the shortest and most direct route feasible. (b) The buffer area may contain pedestrian pathways.
(c) The buffer area may contain outdoor common area and outdoor amenities, and hardscaping associated with the provision of amenities in an open space area, located up to within 10 feet of the shared property line. For the purposes of this Subsection, hardscaping means cement concrete, asphalt, bricks, pavers, and similar impermeable surfaces. (d) The buffer area may contain ground -level private open space areas so long as such areas are enclosed with an opaque enclosure as required by this Chapter.

ATTACHMENT 1, PAGE 69
(e) The buffer area may contain uncovered parking spaces up to within 10 feet of the shared property line with a residential zone. (f) The buffer area may contain portions of driveway for the purpose of accessing required onsite parking so long as any required landscaped open space is provided.
(g) The buffer area may contain bicycle parking facilities subject to this Code and any other applicable objective design and development standards issued by the City.
b. Interior Step-back Height Buffer.

i. An interior step back height buffer is required from any single -family zoned lot. When adjacent or adjoining a single-family zoned lot, no architectural or roof features may project into an imaginary 45 -degree plane for a distance of 25 feet from a point 2 0 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining single -family zoned lot, unless otherwise preempted by state law. Please refer to diagram below:

Diagram 2

ii. An interior step back height buffer is required from any multiple family zoned lot. When adjacent or adjoining a multiple family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 35 vertical feet from grade at the i ntersection of the nearest property line of the adjacent or adjoining multiple family zoned lot, unless otherwise preempted by state law. Please refer to diagram below:

Diagram 3

ATTACHMENT 1, PAGE 70

iii. Encroachments into the step-back height buffer area are allowed for rooftop structures including:

(a) Open patios.

(b) Architectural features including rafter tails, corbels, eaves, cornices and other similar features.

(d) Parapet walls, opaque balcony railings.

(e) Landscaping.

(f) Outdoor open space or amenities.

5. Yard Setbacks.

a. Generally:

i. The minimum setbacks for the underlying nonresidential zone shall apply, unless otherwise specified in this Division.

ii. Minimum setbacks shall apply to all stories of a building; setbacks less than the minimum are prohibited.

iii. Where indicated, maximum setbacks shall apply only to the ground floor.

ATTACHMENT 1, PAGE 71
iv. All setbacks and encroachments are measured perpendicular to the property line.

b. Street Setbacks.

i. The street setbacks of the underlying zone shall apply, except for the following:

(a) Structures, except above -grade, semi -subterranean, and fully subterranean parking structures, on lots with less than 75 feet of lot frontage, have no required street front or street side yard setbacks on those lot frontages of 75 feet or less.

(b) Street setbacks are measured from the sidewalk line.

(c) Where ground floor residential units are elevated between 4 and 6 feet above sidewalk elevation, a minimum setback of 8 feet shall be required.

(d) The required street setback shall not exceed 10 feet.

(e) The required setback from the front or street -facing lot line for above - grade, semi -subterranean, and fully subterranean parking structures shall be at least five (5) feet or 20 percent of building height, whichever is greater, but no greater than ten (10) feet. In no event shall the setback be less than three (3) feet. This setback requirement may be averaged.

For example, a parking structure with a height of 25 feet that is 50 feet wide, would have a minimum setback of 5 feet. This setback can be averaged by providing 3 feet for 50% and 7 feet for the remaining 50% of the structure length.

(f) Any portion of street -facing parking garage visible above grade shall constitute no more than 50% of each street -facing elevation of the primary structure. The remaining portion of the garage shall be set back a minimum of 15 feet from the property line. The area between this portion and the property line may be utilized for other enclosed or open space as allowed by this Division.

(g) When abutting or adjacent to single -family zoned lots, above -grade parking structures shall be setback 20 feet from the residential property line. When abutting or adjacent to multiple family zoned lots, above - grade parking structures shall be setback ten (10) feet from the residential property line. Alleys and public roads separating the uses may be used in this calculation. For setbacks for surface parking lots, see Article 14, Division 4 of this Chapter.

ATTACHMENT 1, PAGE 72

(h) Reversed corner lots. The following requirements apply to any reversed corner lot that abuts a key lot when the key lot is located in any residential zone:

(i) The minimum required street-facing side yard setback for the rear 20 feet of the reversed corner lot is equal to the minimum required front yard setback of the key lot.

(ii) Encroachments into the street -facing side yard setback for the rear 20 feet of the reversed corner lot are equal to the encroachments permitted into the front yard of the key lot.

(iii) The minimum setbacks for the balance of the street -facing side yard are increased by five feet if the key lot is in a single-family residential zone.

(i) Permitted Street Setback encroachments include: landscaping and planters, hardscape (e.g. stoops, patios), shade structures, walls and fences, seating and furniture, outdoor dining and other open space amenities pursuant to review authority approval. If any of these features are proposed to encroach in to public right -of-way, the applicant shall obtain an encroachment permit.

c. Interior Setbacks.

i. Interior setbacks apply when the lot is abutting other parcels along non - street side and rear property lines and are measured from the shared property line.

ii. No setback is required when adjacent to nonresidential zones or alleys.

d. Setback Encroachments.

i. No structures or objects may be constructed or placed in required yard areas except as expressly permitted in this Division or as specifically included in the definition of Landscaping in Burbank Municipal Code Section 10-1-203.

ii. All setbacks and encroachments are measured perpendicular to the property line.

iii. Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in

ATTACHMENT 1, PAGE 73
Table 10-1-920(B)(5)(d). Encroachment distances are measured from the minimum required setback line inclusive of a ny applicable required buffers and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

Table 10-1-920(B)(5)(d)
Encroachments Into Yard Areas
Structure/Object Setback Type Maximum encroachment
Structural walls and posts
supporting an overhead
structure, including covered
and uncovered portions of
semi-subterranean garages;
and any structural
components or objects not
specifically listed in this table
Streets (Front or
Side-Facing)
up to within 36 inches of
property line
Rear none permitted
Interior Side none permitted
Fully subterranean parking
garages or portions of
covered parking garages
where the top deck is 3 feet
or more below the natural
ground surface directly above
Streets (Front or
Side-Facing)
up to within 36 inches of
property line
Rear up to property line
Interior Side up to property line
Eaves, canopies, cornices,
sills, etc. not supported by
posts
Streets (Front or
Side-Facing)
up to property line
Rear up to within 40 inches of
property line
Interior Side up to within 40 inches of
property line
Covered balconies supported
by posts
Streets (Front or
Side-Facing)
none permitted
Rear none permitted
Interior Side none permitted
Uncovered patios or porches
at ground level
Streets (Front or
Side-Facing)
5 feet
Rear up to property line
Interior Side up to property line

ATTACHMENT 1, PAGE 74
Table 10-1-920(B)(5)(d)
Encroachments Into Yard Areas
Uncovered porches, patios,
decks, and platforms above
ground level but no higher
than first floor level
Streets (Front or
Side-Facing)
5 feet
Rear none permitted
Interior Side none permitted
Stairways, ramps, and
landings leading up to grade
level from subterranean and
semi-subterranean parking
garages or other below-grade
spaces
Streets (Front or
Side-Facing)
5 feet
Rear up to property line
Interior Side up to property line

Stairways, ramps, and
landings leading from grade
level up to the first floor level
Streets (Front or
Side-Facing)
up to within 36 inches of
property line
Rear up to property line
Interior Side up to property line
Stairways, ramps, and
landings above first floor
level; and uncovered
balconies at or above first
floor level
Streets (Front or
Side-Facing)
5 feet
Rear none permitted
Interior Side none permitted
Above-ground and in-ground
swimming pools and spas (as
measured to water line)
Streets (Front or
Side-Facing)
none permitted
Rear none permitted
Interior Side none permitted
Permanent pool equipment,
air conditioning equipment,
water heaters, barbecues,
play equipment, and similar
accessory appliances and
equipment (1)
Streets (Front or
Side-Facing)
none permitted
Rear up to within 48 inches of
property line
Interior Side up to within 48 inches of
property line
Covered trash enclosures and
equipment enclosures
Streets (Front or
Side-Facing)
none permitted
Rear up to within 48 inches of
property line

ATTACHMENT 1, PAGE 75
Table 10-1-920(B)(5)(d)
Encroachments Into Yard Areas
Interior Side up to within 48 inches of
property line
Chimneys Streets (Front or
Side-Facing)
2 feet
Rear up to within 40 inches of
property line
Interior Side up to within 40 inches of
property line

6. Façade Modulation.

a. Façade Length. Each street -facing facade exceeding 50 feet shall include a break of at least 10 percent of the facade length or 20 feet, whichever is greater.

This break shall be at least 10 feet deep, open to the sky.

b. Façade Area. Each street -facing facade exceeding 50 feet in length shall modulate a minimum of 25 percent of the area above the ground floor between 2 feet and 12 feet in depth behind the primary facade plane.

i. The primary façade plane is defined as the vertical plane with the greatest surface area above the ground floor.

ii. Buildings with a total of 2 stories or less are exempt.

iii. Façade area modulation is not required to be continuous or open to the sky, and may be recessed or projected, but not past the sidewalk line.

c. Required step backs, façade breaks, and projected balconies shall not count toward the modulation requirement; except that, balconies that are recessed a minimum of 2 feet shall qualify.

C. FRONTAGE STANDARDS.

1. General Purpose and Intent:

ATTACHMENT 1, PAGE 76
a. promote an active, accessible, and attractive pedestrian environment at the ground level;

b. Activate the pedestrian street experience through design and use standards;

c. Enable flexibility and adaptability over time through quality design; and

d. Support a livable urban setting comprised of a range of uses in a comfortable pedestrian environment.

2. Ground Floor Frontages for Nonresidential uses:

a. Shall have an average interior depth of at least 35 feet and a minimum depth of 25 feet, measured from interior wall-to-wall.

b. Entrances or lobbies at the ground floor leading to non -ground floor nonresidential uses shall occupy no more than 30 percent of the ground floor frontage.

c. On double-frontage lots, nonresidential uses shall be located along both street frontages only if both frontages are adjacent to nonresidential or mixed uses.

3. Ground Floor Frontages for Residential Uses.

a. Ground floor shall include a common lobby or entryway for the residential units to facilitate pedestrian access to the public realm.

b. Residential common space on the ground floor is permitted if it occupies a minimum primary street frontage of 20% of the overall width.

c. Residential units on the ground floor shall be provided with direct access to the street and have a minimum setback of 5 feet.

d. New residential spaces shall provide transitional spaces in the form of stoops, overhangs, and porches betwee n public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units, but no less than one of this type of element shall be provided.

e. For residential units, the first habitable flo or shall be located between 6 feet above and 2 feet below sidewalk elevation to ensure connection to the public realm.

4. Ground Floor Frontage Entrances.

ATTACHMENT 1, PAGE 77
a. A minimum of one primary building entrance shall be located on the primary frontage of each building and shall open onto a sidewalk or other public space.

i. Primary entrances shall be distinguished by a non-fabric awning, non-fabric canopy, a minimum 5-foot recessed entryway.

ii. Other architectural features may be required as approved by the Director.

b. All other entrances shall be recessed a minimum of 30 inches from the sidewalk line.

c. For common space uses at the ground floor, the primary entrance of the first habitable floor shall be located at existing grade along the sidewalk line.

5. Ground Floor Frontage Minimum Height.

a. The ground floor of all buildings shall have a minimum ground floor height of 15 feet, as measured from sidewalk elevation closest to the primary entrance to the second story floor, or roof if part of a one-story building.

6. Frontage Transparency.

a. Windows & Doors:

i. Street-facing facades shall incorporate transparent glass providing views into work, display, sales, lobby, or similar active areas. The minimum transparency is as follows:

(a) Nonresidential or Common Space
(i) Ground floor: 60%
(ii) Overall façade: 30%

(b) Residential Units
(i) Ground Floor: 15%
(ii) Overall façade: 15%

i. For nonresidential and residential common space uses, ground floor transparency is measured as the percentage of building frontage that consists of transparent openings between a height of 2 feet and 10 feet above sidewalk elevation.

(a) All other transparency is measured as the percentage of building frontage area, viewed in elevation.

ATTACHMENT 1, PAGE 78
ii. Windows shall be recessed by a minimum of 3 inches from the façade.

iii. The use of color-tinted, mirrored, or highly reflective glass is prohibited.

iv. Blinds, drapes, posters, and shelving for product displays visible to the public right-of-way in nonresidential uses shall not obscure more than 10 percent of the transparent areas of each respective storefront or 50 percent for medical office uses during business hours.

b. Blank Walls.

i. Windowless expanses of walls shall not exceed 20 feet in length.

ii. The area of a blank building wall fronting a public street may not exceed a square area where the height and width are both 10 feet.

iii. A break in a blank building wall shall be provided by any of the following:

(a) Doors, windows, or other building openings.

(b) Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest.

(d) Non-fabric awnings or canopies over a window or door, or arcades.

(e) Substantial variations in building material. For example, adding brick or stone veneer to a stucco building or changing from vertically -oriented board and batten style siding to horizontally-oriented lap siding.

(f) A permanently attached trellis or functionally similar architectural feature for landscaping.

(g) A living wall.

(h) A mural or public art attached to the building wall if approved through the Art in Public Places Committee in fulfilment of a public art requirement.

iv. The following do not qualify as a break in blank wall:

(a) Variation in exterior building wall color.

ATTACHMENT 1, PAGE 79
(b) Stand-alone planted vegetation or landscaping not attached to a building wall.

(d) Mechanical appurtenances such as water heaters, vents, or utility meters.

(e) Gutters and downspouts.

D. ARCHITECTURAL FEATURES.

1. Exterior Stairs.

i. Enclosures or landscape barriers shall be provided wherever there is less than seven (7) feet vertical clearance below stairs.

2. Shade Structures.

i. Shade structures may project up to two -thirds of the sidewalk width, if approved through a City-issued encroachment permit.

ii. Shade structures shall allow a minimum of 10 feet of vertical clearance from sidewalk elevation.

iii. Shade structures shall not encr oach into the Tree Protection Zone (see Section 7-4-101) of any public tree.

3. Arcades.

a. Arcades shall be located behind the minimum setback.

b. Arcades shall be a minimum of 8 feet from back of column to building façade.

c. The distance between columns shall be equal to or greater than the arcade depth dimension, as measured from the column center.

d. The façade within the arcade shall meet the grou nd floor transparency requirements.

e. Uses allowed within arcades include: pedestrian travel, seating/street furniture, outdoor dining, landscape planters, and/or bicycle parking.

4. Galleries.

ATTACHMENT 1, PAGE 80

a. Any galleries shall be located behind the minimum setback.

b. Galleries shall allow a minimum of 10 feet of vertical clearance from sidewalk elevation.

5. Guardrails and Handrails.

a. Guardrails and handrails may exceed the maximum wall and fence height up to the extent required by the Building Code. The guardrail shall be a fully transparent material or 50 percent open design.

6. Stoops & Patios.

a. Walls along the side of a stoop, patio or entry to a residential dwelling unit greater than 30" in height shall be set back a minimum of 18 inches from the sidewalk line, separated by planted area.

7. Balconies & Roof Decks.

a. Balconies may project a maximum of 5 feet from the building façade but shall not extend beyond the sidewalk line or within 6 feet of any interior property line.

b. Balconies shall have a minimum dimension of five feet in depth and width in order to count as required open space.

c. Roof decks shall be set back a minimum of 5 feet from the building edge on all sides. The sum of all roof decks on a single building shall not exceed a maximum coverage of 50 percent of the roof area.

d. Roof decks including the top of above-grade garages shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. When a roof deck area is utilized for open space, such open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for resid ential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on each elevation, or as required by the height buffer established by this Division.

8. Materials and Colors.

a. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) colors shall be used on the primary structure.

ATTACHMENT 1, PAGE 81
b. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) materials shall be used on the primary structure.

c. Excluding windows and doors, inclusive of window and door trim materials, no material or color shall compose more than 75 percent of street -facing building façade(s).

9. Security Bars.

a. Any interior security bars on a nonresidential use shall be fully hidden from view during business hours with devices/strategies such as concealed side pockets and ceiling cavities.

i. Exterior security bars are prohibited.

E. FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

1. Walls, Fences and Retaining walls.

a. Walls and fences shall be subject to the applicable development standards of the underlying zone, except as follows for those located within the street setback.

i. Within the street setback, walls and fences shall have a maximum height of 48 inches above sidewalk elevation.

(a) For walls and fences taller than 30 inches, then entire wall or fence shall be a minimum of 50 percent transparent and set back a minimum of 18 inches from the sidewalk line, separated by planted area. Walls and fences 30 inches or less in height do not have a transparency or setback requirement.

ii. Walls and fences used to enclose outdoor dining may be located at the sidewalk line and are not req uired to provide a planted area if the wall or fence is 36 inches or less and more than 50 percent transparent.

iii. Retaining walls located within front yard areas are limited to a maximum height of four (4) feet per wall and shall be set back 18 inches from the sidewalk line.

iv. Additional retaining walls shall be setback a distance equivalent to the height of the retaining wall below as measured from the face of the retaining wall below.

ATTACHMENT 1, PAGE 82
v. Fences or walls that are placed on top of a retaining wall within street setback are limited to a maximum height of four (4) feet from the abutting finished ground surface and require an additional two (2) -foot setback from the face of the retaining wall below.

vi. Ornamentation on top of fences, walls, and hedges in the front ya rd may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge. All ornamentation features shall be spaced a minimum of four (4) feet apart, as measured on center.

b. Fences, walls, and hedges may not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, barbed wire, electric wire, or any other similar wire type that may pose serious risk of injury.

Chain link fences are prohibited.

c. The height of a fence or wall is measured from the highest abutting finished ground surface of the property upon which the fence, wall, or hedge is located.

On sloped surfaces, portions of a fence, wall, or hedge may exceed the maximum height for the purpose of providing a stair-step design, but each stair- step section, as measured from the horizontal midpoint, may not exceed the maximum height.

d. All fences, walls, and hedges shall comply with the corner cutoff provisions of Section 10-1-1303.

e. Gates are subject to the same requirements as fences and walls.

f. Guardrails and handrails may exceed the maximum wall and fence height up to the extent required by the Building Code. The guardrail shall be a fully transparent material or 50% open design.

g. Exceptions. Exceptions from the requirements of this Subsection 10 -1-920(E) (including the applicable requirements of Section 10-1-1303 referenced herein) may be granted by the Building Official when required by the Building Code for health or safety purposes or when required by state law.

2. Other Yard Features.

a. Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and a maximum interior length of three (3) feet as measured from the highest abutting fi nished ground surface. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.

ATTACHMENT 1, PAGE 83

F. EXTERIOR FINISHES.

1. Lighting:

a. Any residential lighting shall have a higher temperature rating than the lighting on the nonresidential portion of the project.

b. Free-standing lighting fixtures shall be no taller than eight (8) feet as measured from the abutting ground surface or floor level.

c. Outdoor lighting fixtures shall be positioned, and directed, and shielded so as not to shine or cause glare onto adjacent properties.

d. Lighting shall be provided in all common areas including, but not limited to:
parking garages, outdoor parking areas, common areas, pedestrian paths, stairways, and hallways. The amount of lighting shall be determined through a photometric study that demonstrates adequate lighting has been provided for safety. Such study shall be provided by the applicant. The study shall contain recommendations to achieve the following:

i. Adequate lighting shall also be provided adjacent to sidewalks and other public spaces to preserve the amenity and safety of those spaces for nighttime pedestrian use.

ii. Parking areas shall be illuminated so as to provide appropriate visibility and security.

2. Venting/Exhaust:

a. Residential vents shall be directed to the roof.

i. If it is physically impossible for a residential vent to be directed to the roof, the vent shall be routed through the wall and screened with a decorative vent cap.

b. Commercial vents shall be vented through the roof.

3. Mechanical, Electrical, Plumbing, Fire Department Connection (FDC Equipment):

a. Shall not be located in the required street setbacks, unless fully undergrounded.

i. If unable to be undergrounded in the stree t/front or street facing side yard setback, the equipment shall be incorporated within the building envelope,

ATTACHMENT 1, PAGE 84
or when located in any other setback or open space the equipment shall be fully screened using techniques such as block walls or permanent irrigat ed landscaping with a minimum height equal to the equipment.

ii. The screening shall not exceed the height of the mechanical, electrical, plumbing or FDC equipment or other similar equipment being screened.

b. Roof mansards and parapets, when used as screening for roof mounted equipment, shall continue around all building elevations, whether or not they are visible from the street. Roof mounted equipment shall be considered effectively screened when it cannot be seen from a height of six feet from the public right- of-way or private property within 150 feet radius of the exterior of the building.

c. All roof mounted equipment shall be screened from view through the use of architectural screening systems that use materials, exterior materials, and color that are used elsewhere on the façade of the building.

4. Refuse and recycling areas.

a. The nonresidential and residential components of the project shall maintain separate refuse storage and collection areas. Each refuse storage and collection area shall be clearly marked for separate uses.

b. All collection areas shall be covered with a solid roof and enclosed on three (3) sides by a masonry wall no less than six (6) feet tall and have a solid permanent metal gate(s). Doors and gates of trash enclosures cannot swing out into any public right-of-way or required vehicle aisle or maneuvering area.

c. Projects with four (4) or more dwelling units shall provide a designated on -site trash and recycling collection area for the residential units that is no smaller than seven (7) feet by eight (8) feet, unless a smaller size is approved by the Public Works Department.

d. Collection areas shall not be located in any required front or street side yard area.

e. If the lot abuts an alley, the collection area shall be directly accessible from the alley except when access is infeasible from the alley as determine d by the Public Works Director, due to the inability of the trash haulers to access such area.

5. Gutters/Downspouts:

ATTACHMENT 1, PAGE 85
a. Shall be integrated into the building, or an architectural feature so that it is not publicly visible, if unable to be integrated, it shall be located on a non -street facing façade.

G. OPEN SPACES.

1. General Purpose and Intent:

a. Provide a variety of open space types for gathering, recreation and respite that contribute to enhanced livability within an urban setting;

b. Give residents access to light, air, and pleasant views from their living spaces; Improve building design and site planning through the integration of open space throughout the development; and

c. Correlate open space requirements with number of residents and size of buildings.

2. Open Space Required.

a. Projects shall provide the minimum area of open space based on use and size.

Areas used for parking, loading or storage shall not count towards minimum open space requirements.

b. Mixed-use developments shall comply with requirements applicable to each type of use as follows:

i. Residential Portion. Projects with dwelling units shall provide the minimum area of open space listed in the table below as a combination of private and/or common open space:

ii. Nonresidential Portion. Projects with more than 40,000 square feet of nonresidential floor area shall provide an additional minimum of 5 percent of the gross nonresidential floor area as common open space accessible from the nonresidential portions of the project.

c. Publicly Accessible Open Space. Projects on lots greater than 20,000 square feet in area shall provide 2% of the lot area as publicly accessible open space at the sidewalk level. For every additional 20,000 square foot increment (or portion thereof) in lot size, the percentage of publicly accessible open space required increases by an additional one percent for a maximum of five percent.

Number of Bedrooms 0-1 2 3+
Open Space Per Unit, sq ft 225 250 275

ATTACHMENT 1, PAGE 86

3. Private Residential Open Space.

a. A maximum of 40 percent of the required open space for the residential portion of the project shall be private open space.

b. Private open space shall be a minimum area of 40 square feet with a minimum dimension of 5 feet in each direction.

c. All private open space shall be outdoors. Private open space are as shall be located outside the interior living space of a structure.

d. Private open space may be located within a required setback or on a rooftop area.

e. Private open space shall abut the unit that it serves and allow for direct access from the unit without having to enter a common area.

f. Private open space areas shall have a slope no greater than five percent but may be located on multiple levels.

g. If located on multiple levels, each level of private open space shall individually satisfy the private open space minimum dimensions.

4. Common Residential Open Space:

a. A minimum of 60 percent of the required open space for the residential portion of a project shall be common open space shared among tenants.

b. Common open space shall be a minimum area of 400 square feet with a minimum dimension of 15 feet in each direction.

c. All portions of all common open space areas shall be useable for recreational purposes and accessible by all residential tenants.

d. Common open spaces may be accessible to and from the general public.

e. Rooftop areas, including the top of above -grade garages, may be utilized to satisfy required common open space requirements. No more than 50 percent of the rooftop may be utilized for common open space.

f. A minimum of 60 percent of common open space shall be outdoors, and a minimum of 80 percent of outdoor common open space shall be open to the sky. If located on the rooftop, the minimum is 50 percent.

ATTACHMENT 1, PAGE 87
i. A maximum of 40 percent of common open space may be indoors. Indoor common open space shall not include spaces used primarily for circulation.

ii. A maximum of 25 percent of outdoor common open space may be paved in standard concrete.

iii. A minimum of 25 percent of outdoor common open space shall be planted area with a minimum dimension of 30 inches in length, width, and depth.

Landscaping shall otherwise comply with Section 10-1-920(H).

(a) A minimum of one 36 -inch box tree per project or for every 750 square feet of outdoor common open space, whichever is greater, shall be planted within the common open pace. For projects with 2 or more trees, a minimum of 50 percent of trees planted shall be shade trees.

(b) Trees planted in pots, on the ground floor, shall not be counted towards the tree requirement.

iv. A maximum of 5 percent of the required common open space shall be fountains, reflecting pools, or other decorative water features that are served by non -potable water sources, if available. Swimming pools are not considered water features for the purposes of this standard. g. On-site amenities shall be provided in the common open space as follows. All amenities shall be permanently installed as part of the project, unless otherwise approved by the Director. Any of the amenity items listed below may be substituted with a comparable amenity subject to approval by the Director.

i. For projects with 20 or fewer units, two (2) different items from the following:
gazebo, spa, cooking/eating area with built-in barbeque, fountain, reflection pool, water garden, or permanently affixed outdoor seating.

ii. For projects with 21 to 99 units, one (1) additional item from the following:
children’s indoor or outdoor play area or sandlot, dog park, lap pool, handball court, volleyball area, basketball court, activity room, sauna, or putting green.

iii. For projects with 100 or more units one (1) additional item from the following:
in-ground or above -ground swimming pool inclu ding rooftop pools, tennis court, permanently equipped gym or exercise room with a minimum area of 300 square feet, personal dog grooming area with a minimum area of 200 square feet, a library with a minimum area of 500 square feet, a conference room with a minimum area of 400 square feet, or a community room with a kitchenette with a minimum area of 400 square feet, indoor or outdoor edible garden or greenhouse with a minimum area of 500 square feet.

ATTACHMENT 1, PAGE 88

5. Publicly Accessible Open Space (PAOS):

a. A minimum of 3,000 square feet of PAOS shall be at sidewalk elevation. If less square footage is required, then all required PAOS shall be at sidewalk elevation.

b. When PAOS is required for a project, PAOS shall be provided in addition to private and common open space requirements.

c. Although open to the public as specified herein, PAOS shall be owned and operated by the developer and any subsequent private property owner(s).

Operating responsibilities include, but are not limited to, ongoing maintenance responsibilities and establishment and enforcement of rules and regulations governing use of the PAOS by the general public, if any.

d. PAOS may be contiguous or noncontiguous, subject to the standards below.

i. A minimum area of 400 square feet with a minimum dimension of 20 feet in each direction is required for PAOS.

ii. A maximum of 20 percent of the PAOS may be used as outdoor dining for a restaurant subject to Director approval; a minimum of 80 percent of the PAOS shall be accessible to the general public.

e. PAOS shall have signage visible from the adjacent sidewalk identifying the space as a publicly accessible amenity and listing accessible hours.

f. At a minimum, PAOS shall be open to the general public from 8am to 8pm. The PAOS may be secured with a fence o r gate with a minimum open design of 50%, but shall be left open and unlocked during the time it is open to the public.

g. A maximum of 25 percent of PAOS shall be paved in standard concrete.

h. Seating shall be provided at a minimum of 1 seat per 150 square feet of required PAOS. Fractions shall be rounded up to the nearest whole number.

i. Benches shall be calculated as 1 seat per 30 linear inches.

i. PAOS Landscaping

i. PAOS landscaping shall comply with Section 10-1-920(H) except as follows:

ATTACHMENT 1, PAGE 89
(a) A minimum of 25 percent of PAOS shall be planted area with a minimum dimension of 30 inches in length, width, and depth.

(b) A minimum of one 36 -inch box tree per project or for every 750 square feet of PAOS, whichever is greater, shall be planted. For proje cts with 2 or more trees, a minimum 50 percent of trees planted shall be shade trees.

j. PAOS in excess of the minimum may count towards a maximum of 30 percent of the common open space requirement at a 1:1 ratio.

k. Required short-term bicycle parking may be located in the PAOS.

l. Decorative fences, gates, and interactive public art displays or statues may be integrated into PAOS if approved by the Arts in Public Places Committee, in fulfilment of a public art requirement.

6. Additional Open Space General Requirements:

a. Open space areas shall be dedicated areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or, or other vehicle access features. Hardscaping is limited to pedestrian pathways and recreation areas.

b. Open space areas may not contain stairways or ramps except as necessary to provide access to the open space area or among different levels of the open space area.

c. Interior side and rear yards, inclusive of required buff er areas, may be utilized for common open space areas so long as all minimum dimensions are satisfied.

H. GENERAL LANDSCAPING REQUIREMENTS.

1. All areas between a building and adjoining sidewalk shall be landscaped with live plant materials, except for:

a. Private or common open space.

b. Areas required for vehicular or pedestrian access to the property; and

c. Courtyards, outdoor seating areas, and other similar outdoor spaces for residents, customers and/or the general public.

ATTACHMENT 1, PAGE 90

2. Landscaping shall consist of any combination of trees and shrubs, and may include grass or related natural features, such as rock, stone, or mulch. At maturity, plantings shall comprise a minimum of 75 percent of the total landscape area. All landscape area not occupied by turf or groun d cover shall be covered with mulch to reduce water evaporation and consumption and weed growth.

3. No more than 35 percent of the total landscape area of the lot as a whole may be occupied by turf or lawn.

4. All planters shall be constructed of permanent mas onry or concrete construction.

All planters shall provide drainage directly into a drainage system.

5. All landscape areas shall provide minimum soil depths as follows:

a. 12 inches for areas planted with turf or ground cover.

b. 18 inches for planters and areas planted with shrubs and similar vegetation.

c. 3 feet for planters or areas planted with trees.

6. Each planter and landscape area shall have no dimension or diameter less than three feet.

7. All landscape areas shall include a permanent fully automatic irrigation system.

Irrigation systems shall utilize water conservation design concepts including but not limited to low -flow sprinkler heads and bubblers, drip systems, zone separation, microclimate considerations, and moisture sensors. Irrigation systems may operate only between the hours of 9 p.m. and 6 a.m. A separate meter and service shall be installed for irrigation purposes only. When recycled water becomes available in the area directly adjoining the site, use of recycled water will be req uired for all irrigation needs. Pending recycled water availability, a backflow device will be required to protect the potable water system.

8. Landscaping plans demonstrating compliance with the landscaping requirements shall be prepared by a registered landscape architect. Final species selection and placement of all trees and vegetation shall be approved by the Director.

9. The following requirements apply to all required front yards and street -facing side yards:

a. A minimum of 50 percent of front and exposed side yards shall be landscaped.

b. Hardscape is limited to a driveway leading directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible, pedestrian pathways, and encroachments specifically permitted

ATTACHMENT 1, PAGE 91
in Table 10 -1-920(B)(5)(d). For the purposes of this Subsection, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious surfaces.

c. The provision of outdoor amenities and decorative hardscape, such as outdoor seating areas with benches permanently affixed to the ground or hardscaped areas enriched with decorative materials which are under a tree canopy, shall be credited toward up to 50 percent of the required landscaping in all yards.

Vehicular access areas may not be considered as decorative hardscape.

d. To qualify as landscaped area, all areas not occupied by trees or drought - tolerant shrubs shall be planted with turf or other drought-tolerant ground cover with a minimum soil depth of 12 inches. All planters s hall be a minimum of 18 inches deep and two (2) feet in their smallest inside dimension, unless a tree is required, in which case a three (4) foot planter depth shall be required and the planter shall have a minimum inside dimension of four (4) feet.

I. PARKING AREAS AND DRIVEWAYS.

1. General Purpose:

a. Reduce the visual impacts of parking;

b. Regulate appropriate parking supply and location in a manner that prioritizes pedestrian access and multi-modal activity;

c. Encourage change of use and adaptive reuse of existing buildings through parking reductions and exemptions;

d. Promote a more efficient use of parking spaces through shared parking among multiple uses within a project; and

e. Increase design standards for parking structures by ensuring habitable floor area and screening between parking and street frontage.

2. General Parking Requirements.

a. All parking spaces provided for residential uses shall be full-size spaces no less than eight (8) feet, six (6) inches wide and no less than 18 feet deep. Parking spaces adjacent to walls and columns, and at the end of the access aisle are subject to any a dditional dimension requirements in the Burbank Municipal Code and any applicable City Standard Plans.

ATTACHMENT 1, PAGE 92
b. All parking spaces provided for nonresidential uses shall be full-size spaces no less than nine (9) feet wide and no less than 18 feet deep. Parking sp aces adjacent to walls and columns, and at the end of the access aisle are subject to any additional dimension requirements in the Burbank Municipal Code and any applicable City Standard Plans.

c. When individual garages or carports are used to provide parking for residential or nonresidential uses, a clear space no less than nine (9) feet, six (6) inches wide and 19 feet deep shall be provided inside the individual garage or carport for each parking space.

d. All parking spaces shall be clear of any encroachments including but not limited to structural features, shelves, cabinets, appliances, and equipment.

e. Unrestricted access shall be provided to all residential guest spaces when such spaces are provided. Such spaces may not be located within a gated or secured area or otherwise have their access restricted.

f. All parking spaces, driveways, backup areas, and access aisles shall be designed and constructed in compliance with Article 14 of this Chapter and any applicable City Standard Plans.

g. Garage doors shall not, when open or being opened, project beyond any lot line.

h. Driveways shall be improved with cement concrete, asphalt, brick, pavers, or a permanent surface approved by the Director.

i. Driveways shall be no less than 10 feet wide and no more than 20 feet wide and shall remain clear and unobstructed by any structural elements or vegetation.

i. Driveways located at the street -facing elevation of a structure shall not exceed 18 feet in width.

ii. For sites with less than 200 feet of primary street frontage, a maximum of 1 two-lane driveway shall be permitted.

iii. For sites with more than 200 feet of primary street frontage, a maximum of 2 two-lane driveways shall be permitted.

iv. Driveways are not permitted on street frontages of less than 200 feet where there is access from an alley.

j. When a turning movement is required to back out of a parking space, including but not limited to a curved driveway or access from an alley, a minimum backup

ATTACHMENT 1, PAGE 93
turning radius of 24 feet shall be provided for all parking spaces as measured from the exterior wall of the garage or carport.

k. No more than one (1) curb cut may be provided on each street frontage for each 100 feet of lot frontage on that street, except that lots with less than 100 feet of frontage may provide one (1) curb cut. Curb cuts shall be separated by at least 20 feet of uncut curb.

3. Minimum Parking.

a. Projects shall provide off -street automobile parking spaces for residential and nonresidential uses pursuant to Table 10-1-920(A).

b. Electric Vehicle and accessible parking shall be provided as required by the City’s Building Code, and applicable state or federal law.

c. No new parking is required for changes of use in structures built prior to 1973 where no additional structural modification is proposed.

d. If provided, each residential guest vehicle parking space shall also count as 1 nonresidential parking space.

4. Shared Parking. Parking may be shared among multiple uses.

5. Unbundled Parking.

a. For any building with new residential units, automobile parking spaces shall be leased or sold separately from the rental or purchase fees, such that renters or buyers have the option of renting or buying the unit at a lower price than if the parking was included.

b. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month -to-month basis.

New occupants shall have the opportunity to lease or purchase parking built for their unit.

6. Parking Layout & Design. All parking spaces, driveways, backup areas, and access aisles shall be designed and constructed in compliance with Article 14 of this Chapter and any applicable City Standard Plans, except if preempted by state law, and except for the following:

a. Surface Parking:

ATTACHMENT 1, PAGE 94
i. Parking lots shall be set back a minimum of 30 feet from the façade of the primary frontage, 10 feet from the façade of any secondary frontage, and 5 feet from R-1 zoned lots.

ii. Surface Parking Landscaping.

(a) Shall comply with Title 10, Chapter 1, Article 14, Division 4, except for the following:

(i) Parking shall be buffered by permitted non -parking uses or a landscaped setback adjacent to the sidewalk line, except for driveways or pedestrian access to the parking area.

(ii) Landscaped setbacks shall include hedges or shrubs with a minimum height of 3 feet at the time of planting that form a continuous visual screen to block vehicle headlights.

(iii) Exceptions to tree planting requirements specified in Title 10, Chapter 1, Article 14 are allowed only for those parking spaces fully covered by solar energy systems.

b. Structured Parking.

i. To be considered a semi -subterranean garage, the top deck of a parking garage shall be no higher than five (5) feet above the natural abutting ground surface at any point as measured at a five (5) -foot horizontal distance out from the exterior wall surface.

ii. Parking garages that exceed the height requirement for a semi-subterranean garage per as defined in Section 10 -1-920.I.6.b.i are co nsidered above - grade garages.

iii. Structured parking shall maintain a three-foot setback from the sidewalk line.

iv. All vehicle gates to a parking structure on a street -facing elevation and parallel to the street shall be located at least 18’-0” from the property line to allow for single-vehicle queuing.

v. Garage doors shall not, when open or being opened, project beyond any lot line.

vi. Portions of above -grade garages and semi -subterranean parking garages that extend above the ground surface on a front or st reet-facing side yard elevation shall be completely screened by a permanently irrigated

ATTACHMENT 1, PAGE 95
landscaped berm or climbing vine or a storefront façade/architectural screening with the appearance of a storefront consistent with the development standards of this Division.

vii. Parking structure facades visible from public streets, excluding alleys, shall use materials and design compatible with the building architecture.

viii. Above ground parking structures shall be buffered by permitted non-parking uses a minimum of 35 f eet in depth adjacent to the sidewalk line, for a minimum of 50 percent of the street frontage except for driveways or pedestrian access to the parking area.

(a) This requirement only applies to lots with a depth of 120 feet or more

(b) In no case is a setback of less than three feet allowed.

c. Underground Parking.

i. Subterranean parking shall be set back a minimum of 5 feet from all street property lines and residential zones. Otherwise, it may extend up to the property line.

d. Loading.

i. Each mixed-use development shall require one loading space, which cannot be located on a street facing elevation or in the public right-of-way.

ii. Off street loading areas shall be located as far as possible from the residential units and shall be completel y screened from view from the residential portion of the project.

(a) Service and loading areas shall be screened from residential areas and integrated with the design of the building. Techniques such as block walls, enhanced setbacks, or enclosed loading or equipment areas shall be used to minimize adverse impacts to residents from vehicle and mechanical noise.

(b) Back-in or back-out loading facilities shall not be permitted along arterial highways or collector streets.

(c) Loading of furniture and household good s for the residential units shall be limited to the hours of 9:00 a.m. to 2:00 p.m. and 7:00 p.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends.

ATTACHMENT 1, PAGE 96

7. Miscellaneous General Parking Standards.

a. All subterranean, semi-subterranean, and above-ground garage openings may not exceed 20 feet in width, unless otherwise required by the Fire Department.

On street-facing elevations of structures, garage openings shall not exceed 18 feet in width, unless otherwise required b y the Fire Department. All garage openings on a front or street-facing side yard elevation shall be separated by at least 20 feet.

b. Tandem parking spaces may be used. When tandem parking is used, each tandem pair shall be assigned to a specific residential unit. Guest parking spaces, when provided, may not be tandem spaces. Tandem Spaces shall be no less than eight (8) feet, six (6) inches wide and no less than 36 feet deep.

c. All parking spaces located within the rear half of the lot may be in a garage or carport, covered, or uncovered; all other parking spaces shall be in an attached, detached, or subterranean enclosed parking garage.

J. PERFORMANCE STANDARDS.

1. Hours of Operation.

a. The business hours for the nonresidential component of a mixed-use development project shall be allowed to operate from 7 a.m. to 10 p.m.

Operation outside of these allowed hours shall require a conditional use permit to ensure that the nonresidential use will not negatively impact the residential uses within the project.

b. Commercial hours of operation that result in a public nuisance, as defined in this Code, will require hours of operation to be further restricted.

2. Security.

a. Shared elevators between residential and nonresidential uses, or other secured access doors shall have security code access or other keyless entry systems or similar security measure to prevent access to residential areas by non - residential users, and to allow residents to reach residential floors and to use the elevators during late evening and early morning hours between 10 p.m. and 7 a.m. at a minimum.

3. Ventilation.

a. Residential and nonresidential units shall be designed to not allow for cross - ventilation.

ATTACHMENT 1, PAGE 97

b. Ground floor commercial vents for restaurants or other food production related businesses may not be located directly below residential uses.

4. Noise and Vibration.

a. Walls on all sides of residential and live/work units shall be constructed to minimize the transmission of noise and vibration. A minimum impact insulation class (IIC) of 60 shall be required for all residential walls, floors, and ceilings.

b. Residents of a mixed-use development project shall be notified via a disclosure statement in the lease agreement or in the sale documents that they are living in an urban, non -residentially zoned area and that the noise levels may be higher than in a typical residential zone.

5. Maintenance of Common Facilities.

a. Where there is more than one (1) property owner with shared interest in maintaining common facilities related to lighting, fencing, signs, landscaping, shared parking, etc., a joint owner's association shall be formed, a landscape assessment district shall be established, or a maintenance agreement recorded.

If a joint owner's association or a landscape assessment district is established, the association or district shall be obligated and responsible for maintaining common facilities in accordance with the standards and requirements of this Division and the conditions of any applicable use permit. If a mai ntenance agreement is recorded, the agreement shall clearly identify those individuals or entities obligated and responsible for maintaining the common facilities in accordance with the standards and requirements of this Division and the conditions of any applicable use permit. Each agreement, resolution or other document establishing a joint owner's association, a landscape assessment district or a maintenance agreement shall include the City of Burbank as a third- party beneficiary with the right, but not the obligation, to enforce said agreement, resolution or other document. The agreement, resolution or other document shall be subject to review and approval by the City.

K. PEDESTRIAN ORIENTED CIRCULATION AND SITE DESIGN.

1. For development projects with more than one building, the following pedestrian design standards shall apply:

ATTACHMENT 1, PAGE 98
a. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or other shared amenities.

b. An on -site walkway shall connect the principal building entry or entries to a public sidewalk on each street frontage.

c. Direct pedestrian access shall be provided from mixed -use development projects to adjoining residential and nonresidential areas to the maximum extent feasible while still providing for safety and security.

d. Pedestrian connections shall be provided from adjacent transit stops to building entrances.

2. Interior Pedestrian Walkway Design.

a. Within a development, walkways shall have a minimum clear unobstructed width of five feet, and be hard surfaced.

b. Where a required walkway crosses driveways, parking areas, or loading areas, it shall be clearly identifiable through the use of a raised cros swalk, a different paving material, or other similar method as deemed appropriate by the Director.

c. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at leas t four inches high, bollards, or other physical barrier as deemed appropriate by the Director.

L. SIGNS.

Signs on mixed-use development in nonresidential zones shall comply with the design and development standards for signs in the underlying zoning designation.

M. OTHER OBJECTIVE DEVELOPMENT STANDARDS.

In addition to compliance with this Code, all development projects subject to this Division shall also comply with any applicable objective design and development standards adopted by resolution of the City Council.

Burbank City CouncilMay 23, 2023

Burbank City Council
May 23, 2023