STAFF REPORT
DATE:
TO:
FROM:
COMMUNITY
DEVELOPMENT
April 24, 2023
City Planning Commission
Fred Ramirez, Assistant Community ozel ~pment Director- Planning -it Scott Plambaeck, Planning Manager '175~ ~. fJ.
By: Amanda Landry, Senior Planner C.M. fo~~- A. f.....
Greg Mirza-Avakyan, Associate Plannerau.
Joseph Pangilinan, Assistant Planner C'.M.fo~ 7/.f?
SUBJECT: Project No. 23-0001258, A Zone Text Amendment (ZTA) to establish objective design and development standards for Mixed-Use and Residential-Only Projects in Nonresidential Zones
RECOMMENDATION
Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURBANK
RECOMMENDING THE CITY COUNCIL ADOPT AN 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 (Exhibit A and B)
BACKGROUND
On September 28, 2022, Governor Gavin Newsom signed Assembly Bill 2011 (AB 2011 ), the Affordable Housing and High Road Jobs Act of 2022 (Exhibit C), 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 1 ATTACHMENT 3, PAGE 1
development standards within that limited time frame. AB 2011 becomes effective on July 1' 2023.
While AB 2011 requires cities to allow certain residential projects in commercial and retail zones, it is just one of numerous State housing bills adopted by the State Legislature in recent years that imposes new streamlined ministerial approval processes on local agencies and limits local review to objective design and development standards. In response to the ongoing statewide preemption of local development standards, the City must update its Zoning Code and related objective development standards to account for uses in locations that were previously subject to the City's discretionary review. Time is of the essence as the City is seeking to put in place these objective standards and preserve as much local control as possible before AB 2011 goes into effect on July 1, 2023.
AB2011 Applicability Requirements
To qualify for a streamlined ministerial review under AB 2011, multifamily residential housing projects must satisfy the respective affordability, labor, location, site, and project criteria for 1 00°/o affordable housing developments in commercial zones and mixed income housing developments along commercial corridors that include, but are not limited to, those listed in the table below:
Afford ability
Requirements
Affordability Term
1 OOo/o (excluding
manager's units) for low
income households (rental
or for sale)
Rental:
8o/o Very Low-Income Households
(HH)
+ 5o/o Extremely Low-Income HH
or
15°/o Low-Income Households
Owner-occupied:
30°/o Moderate Income HH
or
15°/o Low-Income HH
• Locally adopted inclusionary
requirements apply if they are
more stringent than the above
uirements
Deed restriction:
55 years (Rental)
45 rs Owner-occu
2 ATTACHMENT 3, PAGE 2
Labor
Requirements
Location, Site and
Project Criteria
Additional Criteria
Applicable to
Mixed-Income
Developments
Along
Commercial
Corridors
• Prevailing wage required.
• Projects with more than 50 units (rental or for sale) must also require contractors to employ construction craft employees or let subcontractors for at least 1 ,000 hours to participate in apprenticeship program and make specific healthcare
contributions.
• Developer must require these standards be included in all construction contracts, must certify to the local government that the labor requirements will be met in the project
construction, and provide local agency with monthly
com liance re arts.
• Project must be a "Multifamily housing development project" - at least 5 housing units.
• Located in zone where office, retail, or parking are principally permitted use.
• At least 75°/o of the site adjoins parcels developed with urban uses.
• Not a site or adjoined to a site where more than one-third of the square footage is dedicated to industrial use.
• For vacant sites: Does not contain tribal cultural resources or in a very high fire hazard severity zone.
• Satisfies SB 35 eligibility criteria in Govt. Code Section 65913.4(a)(6)(8) - (K).
• No housing units allowed within 500 feet of a freeway. • No housing units allowed within 3,200 feet of an active oil or gas refinery.
• Must complete a phase I environmental site assessment and mitigate as necessary.
• For sites within a neighborhood/specific/master plan area: The Neighborhood plan must either allow multifamily housing development on the site as of January 1, 2022, or as of January 1, 2024, allow for multifamily development on the site, the notice of preparation for the plan was issued before January 1, 2022, the plan was adopted between January 1, 2022 and
January 1, 2024, and environmental review completed.
3 Site Eligibility:
• Site abuts a commercial corridor
and has a frontage along the
commercial corridor of a
minimum of 50 feet.
• Site is no greater than 20 acres.
ATTACHMENT 3, PAGE 3
4 • Not on a site that would require
the demolition of any historic
structures or the following types
of housing: housing subject to a
recorded covenant, ordinance or
law restricting rents to levels
affordable to moderate, low, or
very low-income households;
housing subject to rent or price
control; or housing that has been
occupied by tenants within the
past 1 0 years
• Not on a site that is vacant and
zoned for housing but not for
multifamily residential use.
Density (the greater of the
following):
• Residential density allowed by
the General Plan or
Municipal/Zoning code
• Depending on lot size, width of
the abutting commercial corridor
and whether the site is within a
half-mile of a major transit stop,
densities can range from 30 to
80 dwelling units per acre.
Height (the greater of the
following):
• Maximum Height allowed by the
General Plan or
Municipal/Zoning code
• Depending on width of the
abutting commercial corridor
and whether the site is within a
half-mile of a major transit stop,
maximum heights can range
from 35 to 65 feet.
Setbacks:
• For the portion of the property
that fronts a commercial
ATTACHMENT 3, PAGE 4
corridor: No setbacks required;
all parking must be set back 25
feet; a building or buildings must
abut within 10 feet of the
property line for at least 80
percent of the frontage on the
ground floor.
• For the portion of the property
that fronts a side street, a
building or buildings must abut
within 10 feet of the property line
for at least 60 percent of the
frontage.
• For the portion of the property
that abuts an adjoining property
that also abuts the same
commercial corridor as the
property, no setbacks are
required unless the adjoining
property contains a residential
use.
Parking:
• No parking shall be required,
except to provide bicycle
parking, electric vehicle (EV)
charging parking spaces, or
parking spaces that are
accessible to persons with
disabilities that would have
otherwise applied to the
development if AB 2011 did not
apply.
Additional information on AB 2011 development standards and their applicability can be found in CA Govt. Code Sections 65912.113 and 65912.123 (Exhibit C).
Other Similar State Mandated Streamlining Programs
AB 2011 is similar to Senate Bill 35 (SB 35), which created a streamlined and ministerial approval process for certain housing projects under Government Code Section 65913.4 when it was adopted in 2017. Like AB 2011, SB 35 mandates that projects meeting certain specified criteria must be processed through a streamlined, ministerial review and approval process and shall not be subject to a conditional use permit or any other 5 ATTACHMENT 3, PAGE 5
discretionary review. Also, like AB 2011, the City may only evaluate SB 35 projects against objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time the completed Notice of Intent is submitted to the City. (Under state law, "objective standards" are standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official before submittal).
Applicability to Burbank
As mentioned previously, a project's eligibility for streamlined, ministerial review under AB 2011 is based on criteria such as: the subject site being zoned where office, retail or parking are permitted uses by right, the site's distance from a freeway and oil or gas refinery, and whether it abuts a commercial corridor. This means that many commercially zoned parcels in the City may qualify as eligible sites for an AB 2011 project. Also, the width of the commercial corridor abutting the proposed development site and the site's distance from a major transit stop may affect the maximum allowable density and height that is applicable to a proposed project. In addition, other state laws, such as SB 35 allow multiple-family and mixed-use projects on properties that allow residential density pursuant to the Burbank2035 General Plan. As such, most of Burbank's properties are now potentially open to residential and mixed-use development, and the development standards for the zones where many of these properties are located are not well-suited to facilitate the development of residential or mixed-use projects.
With the influx of state laws that require the streamlined and ministerial approval process for qualifying multifamily and mixed-use development projects, City planning staff anticipates an increase in applications for all types of streamlined reviews throughout the community. Currently, all streamlined ministerial reviews are processed pursuant to Burbank Municipal Code (BMC) Section 10-1-1 9302, Subsections B-F.
To provide clarity on AB 2011's applicability throughout the City, the Transportation Planning Division prepared a citywide map (Attachment A to Exhibit C) showing eligible parcels, commercial corridors by width, and 500-foot buffers from highways that show excluded sites.
IMPLEMENTATION CONCERNS
The State legislature's foremost priority, when passing bills including AB 2011 and SB 35, was to meet the housing production goals and to alleviate California's housing crisis.
These bills require that multiple-family housing 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. These state laws allow housing in locations that traditionally have not permitted residential uses.
Community meetings, deliberations on design, findings of neighborhood compatibility, and debate by decision-makers that go beyond the review of a project's compliance with objective design and development standards are not intended to be part of the process for these streamlined ministerial projects.
The BMC's zoning regulations include design and development standards that are zone specific, meaning that distinct zones contain design and development standards for the 6 ATTACHMENT 3, PAGE 6
typical uses permitted in that zone. The existing design and development standards for residential and mixed-use projects contained in the BMC were created on two assumptions, which are no longer true in many instances with the adoption of various state-mandated streamlined ministerial review processes.
The first assumption is that that such projects would be proposed in those zones where such uses were envisioned. The second assumption is that for all multiple-family and mixed-use projects there would be an extensive entitlement process, which includes development review, design review, community input, and opportunities to appeal the project. However, as noted above, SB 35, AB 2011, and potentially other future state laws, eliminated the discretionary review process and allow certain residential and mixed use projects to be processed as ministerial or by-right projects in locations not traditionally zoned for these uses.
The BMC currently requires Development Review, which is a discretionary review and approval that can be appealed for proposed multiple-family projects in Multiple Family Zones. The current BMC also requires a Conditional Use Permit (CUP) for "Residential Above Commercial" mixed-use development projects in commercial zones. As the BMC is silent as to what development standards apply to these Residential Above Commercial projects, staff may only apply the nonresidential development standards of the underlying zone, except in the BCC-1, BCC-2 and BCC-3 zones, which require staff apply both the R-4 or C-1 or C-2 standards, but with no direction as to how to address any conflicts between the respective development standards. While the existing nonresidential standards are appropriate for commercial only developments, staff has determined that commercial only development standards are inadequate for residential only and mixed use development now allowed by-right in non-residential zones. Prior to the recent changes to state laws, the City would review mixed-use development projects in non residential zones through a discretionary process such as Development Review and a CUP, or through the Planned Development process if the projects incorporated unpermitted uses (such as residential only in nonresidential zones) or were unable to meet the existing development standards. Through these discretionary entitlement processes, the projects could be denied if they did not meet the City's General Plan Goals and Policies, or if they did not meet the findings for the requested entitlements. Several mixed-use projects have been approved through these various processes, with the most recent examples being the Aero Crossings Project at 2311 N Hollywood Way (CUP/DR), First Street Village Mixed Use Project at 315 N. First Street (PO) and the residential mixed-use Talaria Project at 3425 W. Olive Avenue (PD).
Generally, if these projects meet the required discretionary findings and are deemed to be consistent with the City's goals and policies, neighborhood compatibility, and both objective and subjective development standards for the applicable zone, the current practice is to approve them. As the City has always envisioned that such developments would go through extensive discretionary reviews, it was never contemplated that residential-only development standards would be necessary in commercial zones. A prior effort to develop mixed-use objective development standards was originally initiated in 2015/16, but this effort was not completed and was eventually supplanted starting in earnest in 2017 by the City's focus on developing new specific plans and updating existing ones in order to address the demands of new multifamily and mixed-use developments 7 ATTACHMENT 3, PAGE 7
near the city's major transit and employment centers. The focus on completing the specific plan work is in compliance with the Burbank2035 General Plan Realization Plan Land Use Program LU-3, which is discussed in greater detail below.
The effort of developing objective mixed-use design and development standards was resumed with the initiation of the specific plan updates, which was undertaken in partial fulfilment of implementing the Burbank2035 General Plan and 2014-2015 Housing Element. The Land Use Element of the Burbank2035 General Plan establishes, through goals, policies, and implementation actions, a path toward future development in Burbank. The Land Use Plan in the Land Use Element categorizes and maps areas where certain land uses are located or could be located in the future, as well as the planned distribution and development intensities of all land uses. To effectuate these goals and policies, cities develop specific plans, which are authorized by California State Law to implement a general plan by establishing detailed development goals and policies for a specific geographic area.
The Burbank2035 General Plan Realization Land Use Program LU-3 calls for the City to evaluate its existing specific plans, including the Burbank Center Plan and Media District Specific Plan, through a public process to determine whether the vision, goals, and policies established by the plans remain applicable and appropriate and revising the plans as necessary to ensure that they reflect current desires of the community for each of the plan areas. Program LU-3 also calls for the development of a new specific plan for the Golden State Commercial /Industrial Area. All three of these efforts are currently underway and are intended to result in objective design and development standards that address nonresidential and mixed-use development within those major planning areas.
However, the specific plan efforts are not expected to be ready for consideration by the Planning Commission or the City Council until late 2023 and early 2024. Furthermore, the specific plans will not create standards for all non-residential areas, which will leave the City in a position where there are no comprehensive set of objective design and development standards in effect that would apply to proposed streamlined reviews of mixed-use or residential-only projects in nonresidential zones once AB 2011 takes effect on July 1, 2023.
ANALYSIS
While some state laws include prescriptive objective design and development standards that differ from what is proposed in this ordinance, the goal of this ZTA is to create a set of objective standards that will apply to projects proposed under existing and future laws, as well as to projects that are not subject to the ministerial review mandates in state law.
The long-term goal is not to mirror the standards within the state bills at a given moment in time, but to create standards that will be applicable to future multifamily and mixed-use projects as state requirements are revised and as new ones are approved.
Staff recognizes that there are, and will continue to be state-mandated standards, which supersede the standards proposed by this Ordinance. However, the proposed ZTA will establish objective standards for development and design elements where the state law is silent and will apply in its entirety when a project does not fall within the realm of a state preemption law. The intent of this ZTA is to create objective standards that are applicable to all residential and mixed-use projects in nonresidential zones and to draw from existing 8 ATTACHMENT 3, PAGE 8
zoning code regulations where possible. Retaining existing regulations where possible facilitates the understanding of the code structure and language for both the applicants and City staff when reviewing new projects and ensures that the City's values continue to be reflected in new development. The ZTA will establish a more complete set of mixed use and multifamily residential development standards that can be applied to the streamlined ministerial review processes required by AB2011, 8835, and other similar existing or future state legislation as well as to mixed-use projects that are currently already conditionally permitted. Furthermore, these proposed objective design and development standards are intended to preserve as much local control with standards that are tailored to local needs while complying with state mandates to facilitate needed housing production in the form of multifamily and mixed-use developments.
To this end, staff analyzed the existing development standards to fully understand its shortcomings based on past experience in implementing the BMC and the best practices proven to be successful in other cities. Based on this review, staff determined that the development standards for projects in nonresidential zones lack objectivity, are missing use specific standards for mixed-use projects, and the few existing BMC standards that are applicable to this project type are overly complex to implement and result in unnecessarily time-consuming effort by City staff and developers to verify project compliance.
It is clear that the City's zoning regulations need to be amended to better protect the City's vision for the commercial areas affected by the new streamlining requirements as well as any residential neighborhood that abuts them. However, the intent and purpose of the existing development standards currently established in the BMC that reflect Burbank's' community vision of building and protecting neighborhoods are critically important and special care was taken to ensure they were incorporated into the proposed design and development standards to address any potential impacts resulting from shadows, noise, and building bulk on residential neighborhoods, as well as possible impacts to privacy.
For example, the proposed development standards in both residential-only and mixed use projects incorporate the existing practice of requiring buffers between uses; however, an additional incline plane buffer for upper floors has been added to address privacy and shadow impacts (see Proposed Sections 1 0-1-624(0)(3)). In addition, rooftop amenity spaces facing residential zones are required to have additional setback from the edge of the roof and to have opaque 6-foot walls to afford additional privacy.
At the same time, other design and development standards were made more flexible in an effort to address the contextual compatibility and practical considerations related to building multiple-family and mixed-use projects in nonresidential zones, which must be allowed pursuant to state law. Examples of these changes include the increase of maximum lot coverage from 70°/o to 80o/o of the lot size and a decrease of required landscaping from 15o/o to 1 Oo/o for multiple family residential developments in nonresidential zones when compared to existing standards for multifamily structures in Multiple Family Zones (R-2, R-3, and R-4) so as to be more consistent with the surrounding nonresidential contexts. The maximum height standards for both multiple family residential and mixed-use projects were modified to allow for taller building heights than what is currently allowed in the commercial zones to accommodate contemporary construction methodology and common residential building heights. However, in order 9 ATTACHMENT 3, PAGE 9
to protect adjacent residential uses, the proposed objective design and development standards include implementation of incline plane buffer requirements mentioned above and new fac;ade modulation requirements.
Proposed Zone Text Amendment
The proposed ZTA consists of the following changes to the BMC:
1. Addition of Article 6, Division 3.5 "Multiple Family Residential-only Uses in Nonresidential Zones" to Title 1 0, Chapter 1 (Zoning).
2. Addition of Article 9, Division 4 "Mixed-Use Development in Nonresidential Zones" to Title 10, Chapter 1 (Zoning).
3. Amendment of the allowable uses table in BMC Section 1 0-1-502 to clarify those zones where multiple-family residential-only and mixed-use developments are allowed.
4. Amendment to the regulations for all nonresidential zones to include language to refer applicants to the above new Divisions.
5. The table of Contents for Title 10, Chapter 1 (Zoning) will be modified to reflect the changes above.
Each section of changes is described in greater detail in the following sections.
Multiple-Family Residential-Only Projects in Nonresidential Zones A new BMC Division 3.5 "Multiple Family Residential-only-Uses in Nonresidential Zones" , is proposed to be added to Article 6 to address the development of multiple-family residential-only projects in nonresidential zones. The proposed regulations draw from the existing development standards in the Multiple Family Residential (R-2, R-3, and R-4) and Commercial (C-1, C-2, C-3, and C-4) zones, but refines these design and development standards to better integrate a residential use into the urban context of commercial corridors, and introduces new concepts drawn from previous and ongoing planning efforts, staff experience and best practices.
All standards have been updated to comply with the state law definition of objective standards to remove potential ambiguities. The new objective design and development standards that are introduced to address issues where the current code is lacking, include, but are not limited to, new requirements for building frontage design and parking structure visibility and screening. The proposed objective design and development standards will improve the pedestrian experience along the medium- and high-density residential streets and commercial corridors. In addition, the new standards provide for refined buffering requirements, which will ensure that existing single-family and multiple family residential properties are screened and protected from potential impacts created by new development. Lastly, updated open space requirements will allow more flexibility in meeting the minimum private and shared open space requirements and allow for the proposed buildings to be concentrated closer to the street and away from the adjoining lower-scaled residential uses.
10 ATTACHMENT 3, PAGE 10
Mixed-Use Projects in Nonresidential Zones
·A new BMC Division 4 "Mixed Use Development in Nonresidential Zones" is proposed to be added to Article 9 to address the development of mixed-use projects in nonresidential zones and the unique complexities that arise from blending two uses on one site. These new objective design and development standards take into consideration design requirements necessary to ensure the health, safety and comfort of residents of the project while achieving the best possible design at the street level and protecting the existing adjacent neighborhoods in the vicinity. Similar to the approach taken for the development of the new multifamily development standards, the proposed mixed-use development standards are consistent where possible with the new residential-only development standards while drawing from previous and ongoing planning efforts, staff experience, and best practices from other jurisdictions to address the commercial nature of the projects. This new Division also includes new definitions that provide additional clarity and certainty for the purposes of implementing the Division.
One of the principal changes related to mixed-use development is to allow for greater flexibility in building design by allowing both horizontal and vertical mixed-use. In addition, there are many other objective design and development standards being introduced for this project type that, while they are new to Burbank, are intended to ensure contextually appropriate design that is sensitive to adjacent residentially zoned properties, and to protect the residents that may occupy the project in the future. These objective development standards include requirements for publicly accessible open spaces, public realm improvements in front of mixed-use developments, new performance standards like security and maintenance requirements, and fine-grained architectural requirements to achieve fa<;ade variation and promote the pedestrian experience through objective design and development standards. Finally, the new Division identifies incompatible uses and prohibits them from being part of mixed-use developments, even if otherwise allowed by the underlying zoning.
Amendment to Section 10-1-502. the Use Table
The proposed ZTA would amend the permitted use table in BMC Section 10-1-502 to change the term "residential above commercial" to "Multifamily residential with commercial," which allows for both horizontal and vertical mixed-use projects. The proposed ZTA also changes the term "Residential only (pursuant to the Burbank Center Plan)" to "Multifamily residential-only." These changes clarify that any residential component will be limited to multifamily residential projects. Finally, the proposed ZTA updates the list of zones where state law now mandates allowing for multifamily residential and mixed-use projects.
Proposed Language to insert into all nonresidential zones To achieve overall consistency and ease of implementation of the proposed new divisions, the proposed ZTA includes common cross reference language to insert into the development standards section for all nonresidential zones that allow density per the General Plan.
For example, the development standards for the C-2 (Commercial) zone are proposed to be amended by adding the following language at the end of this BMC subsection relating to Property Development Standards:
11 ATTACHMENT 3, PAGE 11
"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 commercial use) allowed as set forth in Section 1 0-1-502. 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 1 0-1-621." Proposed Amendments to the Table of Contents
The Table of Contents for Title 10 will be updated to reflect the insertion of the new Divisions.
Applicability and Application Requirements for Both Proposed Divisions In addition to the proposed changes described previously, each new Division would include language that establishes when the Division is applicable, as well as application requirements for new developments proposed pursuant to the Division. The language is intended to clarify the circumstances under which the Division may be implemented. The proposed application requirements are intended to require applicants to identify what provisions of the local or state regulations allow the proposed development, describe how the project satisfies the eligibility requirements, and explain how the project complies with all applicable development standards. Furthermore, as the state law varies with respect to what type of environmental analysis may be required for the different streamlined review processes, the proposed ZTA requires certain disclosures and site assessments, as well as certain corrective actions, to reduce the impact of hazardous materials that may be on the property.
For clarification about the application review procedures, a reference to the existing BMC Code Section 1 0-1-19302, Subsections 8-F for streamlined ministerial review is included in the applicability and application requirement sections of each new Division.
Complete Streets Objective Design Standards
New developments are required to comply with the Complete Our Streets Plan, adopted by the City Council in June 2020, which addresses design standards for the public realm to facilitate multiple modes of transportation. To implement this requirement, staff will be presenting Citywide Objective Design and Development Standards for Council's consideration and adoption by resolution, which will outline objective standards that would not otherwise be found in the City's Zoning Code (BMC Title 1 0), but that will apply to all projects Citywide. Such standards may eventually include requirements such as completion of utility capacity studies prior to connecting a project to the public sewer system and other public utilities, life safety requirements, as well as public realm standards to comply with the Complete Our Streets Plan. The Objective Design and Development Standards ·will be a living document that may be amended by formal 12 ATTACHMENT 3, PAGE 12
resolution of the City Council and will assist the City in its effort to preserve as much local control as possible while complying with state law mandates requiring streamlined ministerial review. At this time, the Complete Streets Objective Design Standards (CSODS) document, a working draft of which is attached for reference as Exhibit B, is the most developed of these objective standards, and is referenced within the proposed ZTA.
Findings for Approval of a Zone Text Amendment
The findings for approval of a ZTA are limited to requirements for adding a use; however, this ZTA will support the vision of single-family and multiple-family residential, and commercial zones throughout the City by ensuring their character is protected and maintained through the above-mentioned development standards for infill multifamily residential and mixed-use developments in nonresidential zones. Many of these standards were created with the purpose of preserving privacy, light, air and space for residentially zoned lots that abut the above mixed-use and multifamily development types.
Further, upon recommendation by the Planning Commission, this ZTA will be presented at a public hearing to the City Council and is therefore consistent with Article 19, Division 7 of the Burbank Municipal Code, which requires that the repeal or modification of a listed use and any change in the prohibited uses must be preceded by a public hearing. It is important to note that between the Planning Commission and City Council reviews of the proposed ZTA, the new regulations will also be presented to the public at an upcoming community meeting on Wednesday, May 10, 2023, as well as to internal City departments that generally participate in development review. The proposed ZTA presented to City Council may therefore reflect additional comments arising out of these meetings with the Planning Commission, public, and internal City departments.
Consistency with the Burbank2035 General Plan
In accordance with California Government Code Section 65860, the proposed Zone Text Amendment, associated Ordinance and Resolutions have been determined to be consistent with the Burbank2035 General Plan and the provisions of Title 1 0, Chapter 1 (Zoning) of the Burbank Municipal Code, and are compatible with the objectives, policies, general land uses and programs specified therein, and more specifically, the Land Use, Mobility and Housing Elements.
As noted in the attached Resolution (Attachment A), the proposed ZTA is consistent with the following General Plan goals and policies:
LAND USE ELEMENT GOAL 1 QUALITY OF LIFE
Burbank maintains a high quality of life by carefully balancing the needs of residents, businesses, and visitors.
• Policy 1.1 Accommodate a mix of residential and non-residential land uses in appropriate locations that support the diverse needs of Burbank residents, businesses, and visitors. Provide opportunities for living, commerce, employment, recreation, education, culture, entertainment, civic engagement, and socializing. • Policy 1. 7 Ensure that building height and intensity near single-family residential neighborhoods is compatible with that permitted in the neighborhood. Use 13 ATTACHMENT 3, PAGE 13
graduated height limits to allow increased height as distance from single-family properties increases.
LAND USE ELEMENT GOAL 3 COMMUNITY DESIGN AND CHARACTER
Burbank's well-designed neighborhoods and buildings and enhanced streets and public spaces contribute to a strong sense of place and "small town" feeling reflective of the past.
• Policy 3.4 Avoid abrupt changes in density, intensity, scale, and height and provide gradual transitions between different development types. • Policy 3.5 Ensure that architecture and site design are high quality, creative, complementary to Burbank's character, and compatible with surrounding development and public spaces.
• Policy 3. 7 Ensure that lots and buildings appropriately interact with and address public streets.
• Policy 3.8 Create standardized development patterns with minimum Jot sizes and Jot configuration requirements while allowing flexibility for different development types.
LAND USE ELEMENT GOAL 4 PUBLIC SPACES AND COMPLETE STREETS Burbank has attractive and inviting public spaces and complete streets that enhance the image and character of the community.
• Policy 4.1 Develop Complete streets that create functional places meeting the needs of pedestrians, bicyclists, wheelchair users, equestrians, and motorist. • Policy 4.2 Identify opportunities for publicly accessible open spaces to be provided in conjunction with both public and private development projects. • Policy 4.3 Use street trees, landscaping, street furniture, public art, and other aesthetic elements to enhance the appearance and identity of neighborhoods and public spaces.
• Policy 4.4 Require public art as part of new development projects and public infrastructure. Incorporate public art within existing projects. • Policy 4.5 Require that pedestrian-oriented areas include amenities such as sidewalks of adequate width, benches, street trees and landscaping, decorative paving, public art, kiosks, and restrooms.
• Policy 4.6 Provide adequate open space and amenities in residential projects that encourage residents to gather and that supplement public open spaces. 14 ATTACHMENT 3, PAGE 14
• Policy 4.8 Locate parking lots and structures behind buildings or underground. Do not design parking lots and structures to face streets or sidewalks at ground level.
Use alternatives to surface parking lots to reduce the amount of land devoted to parking.
• Policy 4.9 Improve parking lot aesthetics and reduce the urban heat island effect by providing ample shade, low-water landscaping, and trees.
LAND USE ELEMENT GOAL 5 HOUSING
Burbank provides housing options for people and families with diverse needs and resources.
• Policy 5.1 Provide for a variety of residential neighborhoods with varying densities and housing types.
• Policy 5.2 Encourage areas of mixed-density and mixed-housing types in commercial corridors to allow people with diverse housing needs to live and interact in the same neighborhood.
• Policy 5.3 Provide more diverse housing opportunities, increase home ownership opportunities, and support affordable housing by encouraging alternative and innovative forms of housing.
• Policy 5.4 Allow residential units in traditionally non-residential areas, and support adaptive reuse of non -residential buildings for residential and live -work units in Downtown Burbank and other appropriate locations.
• Policy 5.5 Provide options for more people to live near work and public transit by allowing higher residential densities in employment centers such as Downtown Burbank and the Media District.
LAND USE ELEMENT GOAL 9 MEDIUM AND HIGH-DENSITY LAND USES Medium and High-Density Residential neighborhoods include a variety of housing types to meet housing needs for individuals and families of all ages, sizes, and incomes. • Policy 9.1: Provide opportunities to create neighborhoods with easy walking access to daily needs. Allow for small nonresidential uses that provide service and convenience for neighborhood residents.
• Policy 9.5 Ensure that buildings are of high architectural quality and respect existing neighborhood character, or strive toward a desired neighborhood character, as appropriate
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LAND USE ELEMENT GOAL 10 CORRIDOR COMMERCIAL LAND USE
Burbank's commercial corridors provide for neighborhood and community serving commercial businesses appropriate to a pedestrian-oriented environment. • Policy 1 0.1 Ensure that buildings and businesses are of a size and scale appropriate for a pedestrian -friendly environment. Require that ground -floor uses along street frontages are pedestrian oriented.
• Policy 10.2 Ensure that ground-floor faqades along primary frontages are attractive and facilitate pedestrian traffic through the use of windows, doors, and other design features.
• Policy 10.3 Provide for minimum or no building setbacks for commercial uses along primary frontages.
• Policy 1 0.4 Adjust building setbacks as necessary to provide sidewalks of adequate width for pedestrian traffic.
• Policy 10.5 Maintain existing residential units and integrate new residential units in Corridor Commercial areas as an important housing resource and customer base for local businesses. Adapt existing commercial buildings for residential reuse where appropriate.
• Policy 10.6 Ensure that the design of businesses and surrounding rights of way maintains the ability of streets and sidewalks to serve pedestrians in commercial corridors.
In addition, the project fulfills the following General Plan Mobility Element and Citywide Mobility Goals and Policies:
MOBILITY ELEMENT GOAL 1 BALANCE
Burbank's transportation system ensures economic vitality while preserving neighborhood character.
• Policy 1.1 Consider economic growth, transportation demands, and neighborhood character in developing a comprehensive transportation system that meets Burbank's needs.
• Policy 1.5 Design transportation improvements to be compatible with the scale and design of existing infrastructure.
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MOBILITY ELEMENT GOAL 2 SUSTAINABILITY
Burbank's transportation system will adapt to changing mobility and accessibility needs without sacrificing today's community values.
• Policy 2.1 Improve Burbank's alternative transportation access to local and regional destinations through land use decisions that support multimodal transportation.
• Policy 2.3 Prioritize investments in transportation projects and programs that support viable alternatives to automobile use.
GOAL 3 COMPLETE STREETS
Burbank's complete streets will meet all mobility needs and improve community health. • Policy 3.2 Complete city streets by providing facilities for all transportation modes. • Policy 3.3 Provide attractive, safe street designs that improve transit, bicycle, pedestrian, and equestrian connections between homes and other destinations. • Policy 3.5 Design street improvements so they preserve opportunities to maintain or expand bicycle, pedestrian, and transit systems.
• Policy 4. 7 Integrate transit nodes and connection points with adjacent land uses and public pedestrian spaces to make them more convenient to transit users.
GOAL 5 BICYCLE AND PEDESTRIAN MOBILITY
Burbank fosters pedestrian and bicycle travel as healthy, environmentally sound methods to reduce vehicle trips and improve community character. • Policy 5.1 Maximize pedestrian and bicycle safety, accessibility, connectivity, and education throughout Burbank to create neighborhoods where people choose to walk or ride between nearby destinations.
• Policy 5.2 Implement the Bicycle Master Plan by maintaining and expanding the bicycle network, providing end -of-trip facilities, improving bicycle/transit integration, encouraging bicycle use, and making bicycling safer. • Policy 5.3 Provide bicycle connections to major employment centers, shopping districts, residential areas, and transit connections.
• Policy 5.4 Ensure that new commercial and residential developments integrate with Burbank's bicycle and pedestrian networks.
• Policy 5.5 Require new development to provide land necessary to accommodate pedestrian infrastructure, including sidewalks at the standard widths specified in Table M-2.
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GOAL 9 SAFETY, ACCESSIBILITY, EQUITY
Burbank's transportation network is safe, accessible, and equitable. • Policy 9.1 Ensure safe interaction between all modes of travel that use the street network, specifically the interaction of bicyclists, pedestrians, and equestrians with motor vehicles.
• Policy 9.2 Address the needs of people with disabilities and comply with the requirements of the Americans with Disabilities Act during the planning and implementation of transportation improvement projects.
Further, the proposed ZTA fulfils some of the programs listed in the Burbank2035 General Plan 2021-2029 Housing Element, including:
• 2021-2029 Housing Element Program #17. Establish objective development standards and streamlined processing procedures in conjunction with the new and updated specific plans
• 2021-2029 Housing Element Program #18. Update and simplify the City's multifamily development standards to enhance development feasibility
PUBLIC NOTICE AND COMMUNITY ENGAGEMENT
Typically, ZTA's of this nature involve extensive outreach effort plans that include multiple community meetings, as well as Planning Commission and City Council study sessions, prior to the public hearings. As the impending effective date of AB2011 of July 1, 2023 is fast approaching, the window of opportunity to develop a comprehensive and effective set of objective design and development standards and conduct such outreach is very limited. However, despite the limited window of opportunity, the Planning Commission hearing for the proposed ZTA was noticed in accordance with BMC Section 10-1-1994.
As previously noted, a virtual community meeting is planned for May 10, 2023 with notification for the community meeting being distributed through a newspaper of general circulation, the City's social media, the City calendar, and the planning division website.
In advance of the City Council public hearing, additional public notice will be published in the newspaper.
Furthermore, extensive public outreach plans are in place for the three in-process specific plans and members of the public will have multiple additional opportunities to engage and provide feedback on the development standards through those specific plan efforts. As noted, the specific plan efforts include the preparation of more targeted objective design and development standards for those concentrated geographic areas, which also cover a wide swath of areas in the City of Burbank that are affected by the various streamlining programs. Once the Specific Plan design and development standards are completed, they will supersede those proposed as part of this ZTA in areas covered by the specific plans.
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ENVIRONMENTAL ASSESSMENT
Pursuant 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, the proposed ZTA is not a "project" subject to CEQA.
Additionally, staff recommends that the Planning Commission recommend to the City Council that they find the proposed ZTA is Categorically Exempt from CEQA under the "common sense exemption" Section 15061 (b )(3) of the CEQA Guidelines in which the activity in question has no potential for causing a significant effect on the environment.
The proposed ZTA will establish objective design and development standards that preserve local control in local land use decision by providing tailored objective standards for infill multifamily and mixed-use projects in compliance with state law while also protecting established neighborhoods that would otherwise be adversely impacted by this type of by-right development in the absence of these objective design and development standards.
INTERDEPARTMENTAL REVIEW
The proposed ZTA was distributed to other City Departments and other Divisions within the Community Development Department for review and feedback to ensure the proposed objective development standards are consistent with or compatible with other City development standards that affect development. Staff has received comments from the City Attorney's Office and the Transportation Planning Division of the Community Development Department, which were incorporated into the proposed ZTA, and additional comments are expected from the other reviewers in the coming weeks, after which staff will update the proposed regulations as necessary. Additionally, staff will be continuing to work with the City Attorney's Office on the formal ordinance for the City Council's review, however, staff does not expect that this work will alter the purpose or intent of the ZTA nor significantly alter any of the proposed development and design standards so that there is a substantive difference from what is presented as part of this report.
Additionally, as part of this ZTA effort, staff has engaged the review services of DUDEK, a professional urban design firm, to ensure the proposed ZTA includes state-compliant objective design and development standards, is easy to understand, reflects best practices and doesn't contain conflicting regulations.
FISCAL IMPACT
There is no fiscal impact to the City's General Fund by adopting the proposed ZTA. The purpose of the ZTA is to provide certainty where there is none and put in place clear objective design and development standards that are easy to implement and verify, which will streamline the development review process for both staff and applicants. Further, the proposed ZTA does not introduce additional discretionary review procedures that would 19 ATTACHMENT 3, PAGE 19
necessitate additional staff time or consultant resources or otherwise require funding from the General Fund.
CONCLUSION
To best prepare for streamlining future projects submitted through various state mandated streamlined ministerial reviews, the proposed ZTA reflects the changes to the BMC that are needed to comply with the mandated review times and requirements for objective design and development standards for both residential-only multiple family projects and mixed-use projects. This effort will help the city to achieve several goals:
A. To provide the Burbank community, as well as the city's decision makers an opportunity to identify important objective design concepts that need to be either refined or incorporated into a set of objective design and development standards.
B. To maintain as much local control and protect existing residential neighborhoods, while crafting a set of objective design and development standards that will promote consistent design language and thoughtful development standards to facilitate the anticipated infill projects and help protect existing neighborhoods.
C. To remove existing development standards, which do not meet the objective standards definition under state law, are difficult to implement, are ambiguous, or are obsolete in addressing current residential and commercial demands.
D. To avoid lackluster projects from being approved by-right through streamlined ministerial review process.
E. To remove outdated and cumbersome design requirements, which are not in compliance with state law and create an impediment to much-needed housing production.
F. To clarify when local objective design and development standards apply and when they are preempted by state law.
In addition to helping the City accomplish these goals, the proposed ZTA will help staff and applicants work better together to build a safe, beautiful and thriving community.
Therefore, staff recommends the Planning Commission adopt the draft resolution recommending the City Council adopt an Ordinance implementing the proposed ZTA, as reflected in Exhibit A.
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EXHIBITS
EXHIBIT A. Proposed Plannin~ Commission Resolution
I Attachment A Draft City Council Ordinance
Exhibit 1 Multifamily Residential-Only Objective
Design and Development Standards
Exhibit 2 Mixed-Use Development Objective
Design and Development Standards
EXHIBIT B. Working Draft of Complete Streets Objective Design and Development Standards
EXHIBIT C. Excerpts from Assembly Bill 2011 (AB 2011 ), the Affordable Housing and High Road Jobs Act of 2022
I Attachment A Maps of Potentially Eligible Sites for Affordable and Mixed-Income Housing Under AB 2011
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