ATTACHMENT 1-1
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK AFFIRMING THAT THE PROPERTY LOCATED AT 801
SOUTH SIXTH STREET MEETS THE SITE ELIGIBILITY
REQUIREMENTS FOR A SB 35 PROJECT (PROJECT NO. 2 3-
0001970 - SB 35 NOTICE OF INTENT TO SUBMIT AN
APPLICATION) PURSUANT TO BURBANK MUNICIPAL CODE
SECTION 10 -1-19302(A)(3) OF TITLE 10 (ZONING
REGULATIONS), CHAPTER 1 (ZONING), DIVISION 12
(STREAMLINED MINISTERIAL APPROVAL PROCESS)
THE CITY COUNCIL OF THE CITY OF BURBANK FINDS:
A. Based upon the First Half Reporting Period of the 5th planning cycle (2014 – 2021), the City is subject to Senate Bill (SB) 35, Streamlined Ministerial Review and Approval Process;
B. On April 14, 2023, Elmwood Venture LLC (“Applicant”) submitted a SB 35:
Notice of Intent to Submit a Streamlined Application for a residential project located at 801 South Sixth Street (the “Project”);
C. The City Council of the City of Burbank held a Council meeting on June 13, 2023, to consider and review the Community Director’s Determination that the property at 801 South Sixth Street meets the site eligibility requirements for an SB 35 project, pursuant to Burbank Municipal Code Section 10- 1-19302(A)(3) of Title 10 (Zoning Regulations), Chapter 1 (Zoning), Division 12 (Streamlined Ministerial Approval Process);
D. The site eligibility verification is considered ministerial and therefore statutorily exempt from environmental review under the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15268; and
E. The City Council considered the report and recommendation of the Community Development Director prepared pursuant to Burbank Municipal Code Section 10-1-19302(A)(3) and the evidence presented at such City Council meeting.
THE CITY COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Community Development Director’s Determination that the property at 801 South Sixth Street meets the site eligibility requirements outlined in California Government Code Section 65913.4, subsections (a)(2)( A-C), and in accordance with BMC Section 10-1-19302 is hereby affirmed based on the evidence of the site eligibility findings below.
ATTACHMENT 1-2
The development is located on a site that satisfies the three following eligibility criteria:
A. It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
Director’s Analysis: The Project site consists of a legal parcel (APN: 5621-026-008 5621-026-009, 5621- 026-024) that is located within the City boundary.
Additionally, the City of Burbank, inclusive of the Project site, is located within a designated urbanized area as established by the United States Census Bureau (Attachment 6). Therefore, the Project is consistent with this site eligibi lity requirement.
B. At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
Director’s Analysis: Californi a Government Code Section 65913.4(k) defines Urban uses as:
“Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
The Project site currently adjoins parcels that are developed with urban uses that include residential uses on all sides of the subject property (Attachment 3).
Therefore, the Project is consistent with this site eligibility requirement.
C. It is zoned for residenti al use or residential mixed- use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two- thirds of the square footage of the development designated for residential use.
Director’s Analysis: The zoning of the Project site is R-4 (High Density Residential) Zone (Attachment 4) with a General Plan land use designation of Medium Density Residential (Attachment 5). The Project site’s General Plan land use designation of Medium Density Residential allows for a variety of low -intensity and medium - intensity multi-family residential properties in accordance with BMC Section 10- 1- 626.5 (General Plan Consistency). The proposed development is 100 percent residential. Therefore, the Project site satisfies this site eligibility requirement.
ATTACHMENT 1-3
2. The City Clerk shall mail a copy of this Resolution to the applicant in accordance with the Burbank Municipal Code.
PASSED AND ADOPTED this day of , 2023.
______________________________
Konstantine Anthony
Mayor
Approved as to Form
Attest: Office of the City Attorney
___________________________ By:________________________ Kimberley Clark, City Clerk Iain MacMillan Senior Assistant City Attorney
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 Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its special meeting held on this __ __ day of ______, 2023, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk