STAFF REPORT
DATE: June 13, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director Scott Plambaeck, Planning Manager
Daniel Villa, Senior Planner
BY: Xjvirr Thomas, Associate Planner
SUBJECT: Adoption of a Resolution Affirming the Community Development Director’s Determination that the Property Located at 801 South Sixth Street Meets the Site Eligibility Requirements for an SB 35 Project (SB 35 Notice of Intent to Submit Application – Project No. 23 -0001970) Pursuant to Burbank Municipal Code Section 10-1-19302(A)(3)
RECOMMENDATION
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK AFFIRMING THAT THE PROPERTY LOCATED AT 80 1 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)
EXECUTIVE SUMMARY
On April 14, 2023, the Community Development Director (Director) received a Notice of Intent to Submit an Application (NOI Application) from Elmwood Venture LLC, under the provisions of California Government Code Section 65913.4, subsections (a)(2)(A -C)., which was authorized by California State Senate Bill 35 (SB 35) for a Project at 801 South Sixth Street (Attachment 2) . The Project scope includes the demolition of all existing structures on the site and the construction of a three -story housing development, containing a total of 39 units ranging from 699 to 1,132 square-feet in size and a total of 57 on-site parking spaces within a semi-subterranean parking level , accessed from an
COMMUNITY
DEVELOPMENT
2 alley parallel to South Sixth St reet. The three-story housing development consists of a combination of one-bedroom units and two-bedroom units on each story. The Project also includes 8,911 square feet of common open space and 2,620 square feet of private open space. The proposed open space is in the form of patios , and a first story and rooftop courtyard.
In accordance with Burbank Municipal Code (BMC) Sections 10-1-19302, 10-1-19302(A), 10-1-19302(A)(3) the Director has 60 days from receipt of a submitted NOI Application to review and determine whether the Project site meets the eligibility requirements for a n Senate Bill ( SB) 35 Project and present the NOI Application to Council for their review and confirmation of the Project meeting the site eligibility requirements established under SB 35. Furthermore, the Director shall ensure that the City begins the Tribal Consultation process within 30 days of the NOI Application submittal. Based on the Director’s analysis, as presented in this report, the Director recommends that Council adopt a Resolution (Attachment 1) and confirm the Director’s determination that the Project site meets the site eligibility requirements for a SB 35 project pursuant to California Government Code Section 65913.4, subsections (a)(2)(A-C) as well as BMC Section 10-1-19302(A)(3).
The Project applicant submitted the NOI A pplication prior to adoption of the City Ordinance on June 6, 2023 that eliminated the City Council process for review and affirming the site eligibility review for SB 35 Project as noted in BMC Section 10 -1- 19302(A)(3). As a result, the Project applicant is required to follow the requirements of the BMC on the date of submittal , which includes Council’s site eligibility review for the proposed housing development at 801 South Sixth Street. The site eligibility requirement is needed to determine if the site is allowed to move forward with the streamlined ministerial approval process per California Government Code Section 65913.4.
BACKGROUND
Project Description
The Project Site lot area is approximately 25,400 square feet . However, the proposed scope of work and applicable development standard requires the dedication of approximately 477 square feet for alley expansion, which would reduce the size of the Project Site to 24,923 square feet. The Project scope includes demolition of all existing structures on the site and the new construction of a three- story residential structure, containing a total of 39 units ranging from 699 to 1,132 square-feet in size and a total of 57 onsite parking spaces within a semi-subterranean parking level , which is accessed from an alley parallel to South Sixth Steet.
Existing and Surrounding Land Uses
General Property and Surrounding Land Use Information
Project Site Address 801 South Sixth Street
Cross Streets Southwest corner of East Elmwood and South Sixth Street
3 Assessor’s Parcel
Numbers
5621-026-008
5621-026-009
5621-026-024
General Plan Designation Medium Density Residential (Maximum 27 units per acre with discretionary approval)
Zoning R-4 (High Density Residential) Zone
Property Size Project Site lot area is 25,400 square-feet Current Development Two-story commercial building, a parking lot, and a one- story single-family residence
Street Classification and
Width
East Elmwood Ave and South Sixth Street – Local Street
(per City of Burbank Complete Our Streets Plan)
Surrounding
Neighborhood:
North
R-4 (High Density Residential ) Zone, developed with
multi-family residential structures units
South R-4 (High Density Residential ) Zone, developed with multi-family residential structures
West R-4 (High Density Residential) Zone, developed with multi-family residential structures units
East R-1 (Low Density Residential) Zone, Developed with single-family residential structures
Overview of the California SB 35 Streamlined Ministerial Approval Process SB 35 became effective in 2018 and established a streamlined ministerial approval process for qualifying housing projects that met certain specified criteria (SB 35 Projects) and applies to cities that have not made sufficient progress toward meeting their Regional Housing Needs Allocation (RHNA). The City of Burbank is subject to SB 35. If subject to SB 35, c ities are limited to evaluating SB 35 Projects against the objective zoning standards, objective subdivision standards, and objective design review standards that are in effect at the time a NOI to submit a SB 35 Project is submitted to the City.
Additionally, SB 35 streamlines the processing of SB 35 Projects by establishing stri ct processing timelines. The City’s review process for a proposed SB 35 Project is codified in BMC Section 10-1-19302 et seq and generally consists of two steps, with the first step being the NOI Application, and the second step being the SB 35 application with Enforceable Agreement with the applicable Tribes. The entire process is summarized below.
1. Submittal of a Notice of Intent to Submit a SB 35 Application (NOI Application). The first step is for a prospective applicant to submit a NOI Application to the City for a potentially eligible SB 35 project. During this step, Council will hold a public meeting to verify the Project meets the site eligibility requirements for an SB 35 project pursuant to CA Government Code Section 65913.4. (It is important to note that the Council’s site eligibility review process has been amended and will no longer be applicable to proposed SB 35 projects submitted after the effective date of the Urgency Ordinance __________ that was adopted by the City Council on May ___, 2023.)
4 2. Tribal Consultation. After the receipt of an NOI Application, the City must begin the notification and consultation process with the California Native American tribes that are traditionally and culturally affiliated with the geographic area of the Project site about the proposed development, as outlined in CA Government Code Section 65913.4(b), within 30-days of the NOI Submittal.
3. City Review o f NOI Application . The City reviews the NOI application and determines if the Project is an eligible SB 35 project within 60 days.
4. Submittal of a SB 35 Project Application. After completing the NOI Application, which includes the tribal consultation process and the preparation of enforceable agreement(s) with each of the responding tribes and the City , an applicant may submit a SB 35 project application for City’s ministerial review.
5. City Council Min isterial Review / Public Oversight . Per BMC Section 10- 1- 19302(C), the review and final determination of a SB 35 project is made by the City Council at a noticed public hearing. This determination must be made within 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units.
SB 35 Notice of Intent to Submit an Application (NOI) and Tribal Consultation On April 14, 2023, Elmwood Venture LLC submitted an NOI Application to the Director.
As noted above, the NOI Application submittal triggered a 60-day review process for the City to determine whether the Project meets the site eligibility requirements as noted in SB 35 and initiate a formal Tribal Consultation. For this NOI A pplication, this review, including presentation to Council and initiation of Tribal Consultation, must be completed by June 14, 2023. In compliance with SB 35, staff sent a letter to the California Native American tribes that are traditionally and culturally affiliated with the geographic area of the Project site on May 12, 2023, providing formal notice of the NOI Application (Attachment 7). In the case of this NOI Application, each California Native American tribe that received a formal notice had 30 days from the receipt of that notice to follow-up with the City and request to engage in consultation regarding the NOI Application. To meet the review timeline established in BMC Section 10-1-19302(A)(3), the NOI Application is being presented before Council for consideration at the June 13, 202 3, City Council Meeting.
ANALYSIS
Pursuant to SB 35, a site is eligible for a streamlined ministerial review if the three criteria listed in Government Code Section 65913.4(A)(2)(A-C) are met. In accordance with BMC Section 10-1-19302(A)(3), the Director shall submit the NOI to Council within sixty (60) days of receipt of the NOI for City Council consideration of site eligibility requirements.
The three required site eligibility criteria are:
5 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 S ite consists of a legal parcel (APN: 5621-026- 008, 5621-026-009, 5621-026-024) that is located within the C ity boundar y.
Additionally, the City of Burbank , inclusive of the Project S ite, is located within a designated urbanized area as established by the Unite d States Census Bureau (Attachment 6). Therefore, the proposed Project at 810 S. Sixth Street is consistent with this site eligibility 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: California 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 at 801 S. Sixth Street 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 residential use or residential mixed- use development or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two -thirds of the square footage of the development designated for residential use.
Director’s Analysis: The zoning of the Project site at 810 S. Sixth Street is R-4 (High Density Residential) Zone (Attachment 4) with a Burbank2035 General Plan land use designation of Medium Density Residential (Attachment 5). The Project site’s General Plan Medium Density Residential Land Use Designation allows for a variety of low-intensity and medium-intensity multifamily residential properties in accordance with BMC Section 10- 1-626.5 (General Plan Consistency) . The proposed housing development is 100 percent residential. Therefore, the P roject Site satisfies this site eligibility requirement.
ENVIRONMENTAL REVIEW
SB 35 Projects are Statutorily exempt from the California Environmental Quality Act 6 (CEQA) (California Public Resources Code, Division 13, commencing with section 21000 of the Public Resources Code) and CEQA Guidelines Section 15268. As a result, the Project is not subject to CEQA review and cannot be required to prepare any studies that would otherwise be required under CEQA ( e.g., traffic, air quality, noise, et cetera). The City can only require an applicant to abide by objective development and design standards that a re in effect at the time the SB 35 application was submitted (CA Govt.
Code Section 65913.4). Further, site eligib ility verification is considered a ministerial action and is therefore statutorily exempt from CEQA under Section 15268 of the CEQA guidelines.
PUBLIC NOTIFICATION
The NOI Application and the review of the Project’s compliance with the City and State site eligibility requirements is not subject to the public hearing and associated public noticing requirements outlined in BMC Section 10- 1-19302(E). However, in an effort to keep all interested community members informed, City staff posted a copy of the submitted NOI Application on the City’s planning webpage on May 4, 2023, for the public to view (link : https://www.burbankca.gov/web/community-development/801-s.-sixth- street). Additionally, notice of the City Council’s consideration of an NOI Application at the June 13, 2023, meeting was posted on the City’s planning webpage, and a message was sent out electronically to community members via the City’s e-notify list.
Upon confirmation of the Project’s compliance with all site eligibility requirements as noted in CA Government Code Section 65913.4 and BMC Section 10- 1-19302 et seq, the Project applicant may submit an SB 35 Project Application that would then be subject to a streamlined ministerial review at a noticed public hearing before the City Council. Future public noticing for the streamlined ministerial review of the Project would be provided as outlined in BMC Section 10-1-19302(C).
CONCLUSION
Based on the Director’s review and analysis, s taff recommends that Council adopt a Resolution (Attachment 1) that affirms the Director ’s determination that the Project Site at 801 South Sixth Street meets the site eligibility requirements for a SB 35 Project ( SB 35 Notice of Intent to Submit Application – Project No. 23 -0001970). If the Project is determined by the City to have met the applicable SB 35 eligibility requirements, then the applicant may submit an SB 35 Project Application.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Complete SB 35 NOI Application Submittal Attachment 3 – Aerial Map of Project Site
Attachment 4 – Zoning Map
Attachment 5 – General Plan Land Use Designation Map
Attachment 6 – 2010 Census: Urbanized Area Reference Map / Survey of Project Site Attachment 7 – List of Notified Tribes