Attachment 3 — Burbank City Council, July 25, 2023

2443-004-017
Commercial Horse Stables
The Project consists of approximately 21 three-story townhomes ranging from 1,125 to 1,675 square feet in size. Each home will have a two-car garage with direct, private access into the home as well as private open space in the form of patios and/or upper level decks. Common open space areas are provided throughout the site to create an inviting space for recreation activities and passive outdoor space.

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Butterfly Gardens LLC
DocuSign Envelope ID: BB681512-E4CB-4D07-A048-253106B92E79 10/24/2022
ATTACHMENT 3 - 1
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X
X
X
X
DocuSign Envelope ID: BB681512-E4CB-4D07-A048-253106B92E79 ATTACHMENT 3 - 2
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X
DocuSign Envelope ID: BB681512-E4CB-4D07-A048-253106B92E79 ATTACHMENT 3 - 3
X
X
X
DocuSign Envelope ID: BB681512-E4CB-4D07-A048-253106B92E79 ATTACHMENT 3 - 4
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

BUILDER/DEVELOPER:

Butterfly Gardens LLC1812 W. BURBANK BLVD.SUITE 7350BURBANK, CA 91506 ARCHITECT:

KTGY GROUP, INC17911 VON KARMAN AVESUITE 200IRVINE, CA 92614 CIVIL:

KHR ASSOCIATES17530 VON KARMAN AVESUITE 200IRVINE, CA 92614 LANDSCAPE:

STUDIO PAD, INC23282 MILL CREEK DRIVESUITE 200LAGUNA HILLS, CA 92653

MARIPOSA AND VALLEYHEART

BURBANK, CALIFORNIA
NTSA0.0 TITLE SHEET
ATTACHMENT 3 - 5
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

NTSA0.1 SHEET INDEX

SHEET INDEX

ARCHITECTURE

COVER SHEET

SHEET INDEX

CONCEPTUAL SITE PLAN

CONCEPTUAL FRONT STREET ELEVATION
3 PLEX COMPOSITE - CLUSTER TYPE 100 ELEVATIONS
3 PLEX COMPOSITE - CLUSTER TYPE 100 PLANS
4 PLEX COMPOSITE - CLUSTER TYPE 200 ELEVATIONS
4 PLEX COMPOSITE - CLUSTER TYPE 200 PLANS
5 PLEX COMPOSITE - CLUSTER TYPE 300 ELEVATIONS
5 PLEX COMPOSITE - CLUSTER TYPE 300 PLANS
PLAN 1/1X - UNIT PLANS
PLAN 2 - UNIT PLANS
PLAN 2 - ALT. UNIT PLANS

TYPICAL BUILDING SECTION

ENLARGED DETAILS BOARD

COLOR AND MATERIALS BOARD
A0.0
A0.1
A1.0
A1.1
A2.0
A2.1
A3.0
A3.1
A4.0
A4.1
A5.0
A5.1
A5.2
A6.0
A7.0
A8.0

LANDSCAPE
CONCEPTUAL LANDSCAPE PLANL1
CIVIL

PRELIMINARY GRADING AND DRAINAGE
PLAN

ONSITE PRIVATE SEWER AND WATER
PLAN
C1
C2
ATTACHMENT 3 - 6
Limit of Work
Limit of Work
Limit of Work
Limit of Work
MARIPOSA ST.
15'
10'
37'
19'
15'
24'
26'
T
G
R
T
G
R
T
G
R
T
G
R
T
G
R
T
G
R
T
G
R
T
G
R
T
G
R
T
G
R

METERSDATA
T
G
R

METERS DATA
T
G
R

METERSDATA
7'
T
G
R

METERS DATA
5'
15'
10'
5'
24'
26'
7'
7'
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

A1.0 SITE PLAN
02040 10

SITE INFORMATION
Address:Mariposa and Valleyheart
Site Area+1.0 ac (Gross)
City:Burbank
County:Los Angeles County
Existing Zone:M-1 Limited Industrial
General Plan:Rancho Commercial
Fire CodeCalifornia Fire Code
(M-1) Front Setback 5' or 20% bldg height whichever greater Site Plan Summary
Site Area+1.0 ac (Gross)
Mariposa St Dedication+0.12 ac
Net Area+0.88 ac
Units 21 du
Net Density23.9 du/ac
Units
Plan 1 (1,178sf - 2bd/2.5ba) 4 du
Plan 1X (1,173sf - 2bd/2.5ba) 4 du
Plan 2 (1,689sf - 3bd+den/2.5ba)13 du
Total21 du
Required Parking 1 Space/Unit (Per Section 65913.4.(d)(2) Parking Provided
Garage42 spaces
Open Parking 5 spaces
Total47 spaces (2.23 spaces/du)
Provided Open Space
Common7,000 sf
Private21x50sf/du1,050 sf
Total8,050 sf
(For SB-35 Submittal)

ABANDONED BASEMENT

LOS ANGELES RIVER BED

EQUESTRIAN TRAILS

EQUESTRIAN
TRAILS
W. VALLEYHEART DR.

SINGLE FAMILY

RESIDENTIAL

LOS ANGELES

EQUESTRIAN
CENTER
EQU.

TRAILS
S. MARIPOSA ST.

ENTRY
DRIVE

COMMERCIAL
254'-6"
144'-0"
357'-6"
166'-1"

C O M M E R C I A L
ATTACHMENT 3 - 7

CONCEPTUAL FRONT ELEVATION
0 4 816A1.1 CONCEPTUAL FRONT STREET ELEVATION
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

CT-300CT-200
ATTACHMENT 3 - 8
9'-1"8'-1"
29'-11"

TO EAVE
9'-1"
34'-10"
29'-5"
LEGEND
Stucco, 16/20 Sand Finish
Concrete 'S' Tiles
Gable End Faux Decorative Vent (Recesses)
Recessed 1" Stucco /Simulated Wood Header Trim
Recessed Beam/Trim (Wrap Color as Needed) with
Simulated Wood Corbels
Stucco Recess/Reveal
Exposed Wood Truss Tails with 2x3 Wood Fascia
Decorative Stucco Eave
Recess Faux Wood Panel Insert
Decorative Scalloped Stucco Sill Trim
Decorative Simulated Wood Corbel
Decorative Canvas/Metal Spear Awning
Fiberglass Decorative Front Door
Vinyl Windows
Fiber Cement Trim at Bay Window
Fiber Cement Bd. Panel
Stucco Arch
Low Stucco Barranca w/ Concrete Tile Cap
Decorative Shutters with Metal Faux Straps
Decorative Stucco Chimney/Stucco Finial
Decorative Metal Tube and Wood Plank Pot Holder
Decorative Stucco Corbel
Accent Battered Ceramic Tile Surround
Metal Decorative Sectional Garage Door
Decorative Exterior Lights & Address
Metal Utility Door
5 6
4 3
2 1
7 13
12 11
10 8
17 16
15 14
18 21
25 24
23 22
26 19 9
20 Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

FRONT

REAR RIGHT
LEFT
0 4 816A2.0 CT-100 (3-PLEX)

ELEVATIONS
P1
P1X
24 22
4 3 127
P2
21 P2
26 P2
P1X
6 810
11 1217
14 16
18 19
23 25
P1
15 5
13 9
ATTACHMENT 3 - 9
27'-8"
PLAN 1
21'-4"
PLAN 2X
49'-2"
22'-6"
45'-2"
RT G
R TG
T
G
R

METERSDATA
P1X
P1
P2X
22'-6"
PLAN 1X
P1X
P1
P2X
49'-2"
47'-2"
P1X
P1
P2X
49'-2"
47'-2"
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR
0 4 816A2.1 CT-100 (3-PLEX)

BUILDING PLAN
ROOF
ATTACHMENT 3 - 10
9'-1"8'-1"
30'-0"

TO EAVE
9'-1"
35'-0"
29'-5"
LEGEND
Stucco, 16/20 Sand Finish
Concrete 'S' Tiles
Gable End Faux Decorative Vent (Recesses)
Recessed 1" Stucco /Simulated Wood Header Trim
Recessed Beam/Trim (Wrap Color as Needed) with
Simulated Wood Corbels
Stucco Recess/Reveal
Exposed Wood Truss Tails with 2x3 Wood Fascia
Decorative Stucco Eave
Recess Faux Wood Panel Insert
Decorative Scalloped Stucco Sill Trim
Decorative Simulated Wood Corbel
Decorative Canvas/Metal Spear Awning
Fiberglass Decorative Front Door
Vinyl Windows
Fiber Cement Trim at Bay Window
Fiber Cement Bd. Panel
Stucco Arch
Low Stucco Barranca w/ Concrete Tile Cap
Decorative Shutters with Metal Faux Straps
Decorative Stucco Chimney/Stucco Finial
Decorative Metal Tube and Wood Plank Pot Holder
Decorative Stucco Corbel
Accent Battered Ceramic Tile Surround
Metal Decorative Sectional Garage Door
Decorative Exterior Lights & Address
Metal Utility Door
5 6
4 3
2 1
7 13
12 11
10 8
17 16
15 14
18 21
25 24
23 22
26 19 9
20 Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

FRONT

REAR RIGHT
LEFT
0 4 816A3.0 CT-200 (4-PLEX)

ELEVATIONS
P2R
P2R
24 9
22 4 3 1275
P2
21 P2
26 P2P2RP2
P2RP2P2R
6 810
1112 17
14 15
16 13 18
19 20
23 25
ATTACHMENT 3 - 11
21'-4"
PLAN 2RX
21'-2"
PLAN 2
85'-4"
36'-0"
T
G
R
T
G
R
T
G
R
T
G
R
21'-2"
PLAN 2R
21'-2"
PLAN 2X
P2P2RX P2XP2R
85'-2"
37'-0"
P2P2RX P2XP2R
85'-2"
36'-0"
P2P2RX P2XP2R

4.5:12

4.5:12
RIDGE
3:12
3:12
RIDGE

4.5:12

4.5:12
RIDGE
3:12
3:12
RIDGE

4.5:12

4.5:12
RIDGE

4.5:12

4.5:12
RIDGE
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR
0 4 816A3.1 CT-200 (4-PLEX)

COMPOSITE PLAN
ROOF
ATTACHMENT 3 - 12
9'-1"8'-1"
30'-0"

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

FRONT

REAR RIGHT
LEFT
0 4 816A4.0 CT-300 (5-PLEX)

ELEVATIONS
P2R
P2R
24 9
22 4 3 1275
P2
21 P2
26 P2R
P2P2RP2P2
P2P2P2R
6 810
1112 17
1415
16 13 18
19 20
23 25
ATTACHMENT 3 - 13
21'-4"
PLAN 2RX
21'-2"
PLAN 2
106'-8"
36'-0"
T
G
R
T
G
R
T
G
R
T
G
R
T
G
R
21'-2"
PLAN 2R
21'-2"
PLAN 2X
21'-2"
PLAN 2
P2RX P2 P2R P2XP2
106'-6"
37'-0"
P2RX P2 P2R P2XP2
106'-6"
36'-0"
P2RX P2 P2R P2XP2

4.5:12

4.5:12
RIDGE
3:12
3:12
RIDGE

4.5:12

4.5:12
RIDGE
3:12
3:12
RIDGE

4.5:12

4.5:12
RIDGE

4.5:12

4.5:12
RIDGE
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR
0 4 816A4.1 CT-300 (5-PLEX)

COMPOSITE PLAN
ROOF
ATTACHMENT 3 - 14
RT G
R TG
P1
ENTRY
2-CAR
GARAGE
23'-9" x 21'-11"
(19'X 19' Min.)
2-CAR
GARAGE
21'-9" x 23'-1"
(19'x19')
P1X
ENTRY
P1X
46'-2"
28'-6"
22'-2"
16R
UP
16R
UP
23'-6"
Plan 1X
22'-6"
Plan 1
21'-11"
21'-9"
20'-3"
P1

STORAGE
CABINET 6'-0"W x
2'-0"D x 8'-6"H = 102C.F.

STORAGE

CABINET
6'-0"W x 2'-0"D x
8'-6"H = 102C.F. PDR
DECK
4'-10" x 11'-7"
23'-6"
Plan 1X
23'-6"
Plan 1
47'-2"
P1
PANTRY
17R
UP
16R
DN
PDR

KITCHEN/DINING
18'-3" x 11'-11"
LIVING
11'-9" x 14'-11"
P1X
16R
DN
DECK
11'-7" x 4'-8"

KITCHEN/DINING
18'-3" x 11'-11"
17R
UP
LIVING
11'-9" x 14'-11"
PANTRY
28'-2"
BATH
2 W.I.C

PRIMARY

BEDROOM
12'-3" x 13'-4"
17R
DN
P1
P1X

PRIMARY
BATH
LAU.

BATH
2 W.I.C

PRIMARY

BEDROOM
12'-3" x 13'-4"
17R
DN
W.I.C

PRIMARY
BATH
BEDROOM 2
10'-0" x 10'-0"
BEDROOM 3
10'-0" x 10'-0"
LIN.

LAU.

W.I.C
LIN.
27'-8"
47'-2"
23'-6"
Plan 1X
23'-6"
Plan 1
P1 - GROSS AREA
1ST FLOOR111 SQ. FT.
2ND FLOOR593 SQ. FT.
3RD FLOOR572 SQ. FT.

TOTAL LIVING1276 SQ. FT.

PORCH8 SQ. FT.

DECK61 SQ. FT.

GARAGE540 SQ. FT.

P1 - NET AREA
1ST FLOOR91 SQ. FT.
2ND FLOOR556 SQ. FT.
3RD FLOOR532 SQ. FT.

TOTAL LIVING1178 SQ. FT.

PORCH5 SQ. FT.

DECK53 SQ. FT.

GARAGE513 SQ. FT.

P1X - GROSS AREA
1ST FLOOR114 SQ. FT.
2ND FLOOR580 SQ. FT.
3RD FLOOR571 SQ. FT.

TOTAL LIVING1265 SQ. FT.

PORCHN/A
DECK61 SQ. FT.

GARAGE549 SQ. FT.

P1X - NET AREA
1ST FLOOR96 SQ. FT.
2ND FLOOR546 SQ. FT.
3RD FLOOR531 SQ. FT.

TOTAL LIVING1173 SQ. FT.

PORCHN/A
DECK53 SQ. FT.

GARAGE517 SQ. FT.

SECOND FLOORFIRST FLOOR
0 2 48

THIRD FLOOR
A5.0 PLAN 1/1X UNIT PLANS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

ATTACHMENT 3 - 15
T
G
R
16R
UP
GARAGE
20'-7" x 19'-6"
(19'x19' Min.)
BED 3
10'-6" x 9'-6"
BATH 3
36'-0"
21'-2"

ENTRY/HALL
20'-7"
19'-6"

PRIVATE STORAGE

RACKS (ABOVE)
8'-6"W x 3'-0"D x 1'-6"H = 38C.F.

STORAGE
RACKS
5'-0"W x 3'-0"D x
1'-6"H = 22C.F.

HALL
P2 - GROSS SF
1ST FLOOR331 SQ. FT.
2ND FLOOR748 SQ. FT.
3RD FLOOR708 SQ. FT.

TOTAL LIVING1786 SQ. FT.

GARAGE443 SQ. FT.

P2 - NET SF
1ST FLOOR308 SQ. FT.
2ND FLOOR712 SQ. FT.
3RD FLOOR669 SQ. FT.

TOTAL LIVING1689 SQ. FT.

GARAGE421 SQ. FT.

LIVING
15'-3" x 14'-6"
DINING
14'-9" x 10'-0"

PDRPANTRY
17R
UP
17R
DN
21'-2"
36'-0"

KITCHEN
14'-9" x 10'-1"

OPTIONAL CABINET
COAT
BEDROOM 2
11'-10" x 11'-2"

PRIMARY

BEDROOM
16'-11" x 13'-0"
LAU. PRIMARY
BATH 2
W.I.C
17R
DN
21'-2"
37'-0"
W.I.C
BATH
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:

FIRST FLOOR - STANDARD
0 2 48A5.1 PLAN 2 UNIT PLANS

UTILITY
CLOSET

SECOND FLOOR - STANDARD THIRD FLOOR - STANDARD

ENHANCEDENHANCEDENHANCED
ATTACHMENT 3 - 16
T
G
R
1'-6"
16R
UP
GARAGE
20'-7" x 19'-6"
(19'x19' Min.)
BED 3
10'-4" x 9'-6"
BATH 3
36'-0"
21'-2"

ENTRY/HALL
20'-7"
19'-6"

PRIVATE STORAGE

RACKS (ABOVE)
13'-4"W x 3'-0"D x 1'-6"H = 60C.F.
37'-0"
1'-4"

BAY WINDOW

PRIMARY

BEDROOM
BATH 2
P2 - GROSS SF
1ST FLOOR331 SQ. FT.
2ND FLOOR748 SQ. FT.
3RD FLOOR708 SQ. FT.

TOTAL LIVING1786 SQ. FT.

GARAGE443 SQ. FT.

P2 - NET SF
1ST FLOOR308 SQ. FT.
2ND FLOOR712 SQ. FT.
3RD FLOOR669 SQ. FT.

TOTAL LIVING1689 SQ. FT.

GARAGE421 SQ. FT.

Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:
0 2 48A5.2 PLAN 2 ALT. UNIT PLANS

ACCESSIBLE PLAN FIRST FLOOR ALTERNATIVE ELEVATION BAY WINDOWTHIRD FLOOR ATTACHMENT 3 - 17
F.FL.

T.O.PL.
8'-1" 9'-1" 9'-1"
GARAGE HALL BEDROOM 3

DINING KITCHEN LIVING

PRIMARY

BEDROOM
BATH 2WICBEDROOM 2
35'-0"
F.FL.

T.O.PL.

F.FL.
29'-6"
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:
0 1 24A6.0 TYPICAL BLDG SECTION
ATTACHMENT 3 - 18
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506#

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883
NOI Submittal - SB35:
10/26/2022
10/26/2022
Plot Date:
1 NTSA7.0 ENLARGED DETAILS BOARD

WOOD BEAM / FAUX CORBEL
23 1112
4 7
10 8

TYPICAL EAVE CORNICETYPICAL EXPOSED WOOD TRUSS TAILSDECORATIVE SCALLOPED STUCCO SILL TRIM DEEP RECESSED WINDOW w/ 1"

RECESSED STUCCO SIMULATED WD BEAM

DECORATIVE METAL JULIET BALCONY

ACCENT BATTERED CERAMIC TILE
SURROUND w/ TILE CAPPED BARRANCA
BOX BAY WINDOW w/ FIBER CEMENT BOARD

PANELS, FAUX WOOD CORBELS

DECORATIVE STUCCO CORBELS

DECORATIVE CANVAS / METAL

SPEAR AWNING
5 9
8 4 11 12 6
10 9 12 3
STUCCO ARCHSTUCCO ARCH w/ CORBELS
7 6
5 ATTACHMENT 3 - 19
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
NTS A8.0COLOR BOARD
10/26/2022
10/26/2022
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Butterfly Gardens LLC
1812 W. Burbank Blvd, Su. 7350
Burbank, CA 91506 #

MARIPOSA AND VALLEYHEART
BURBANK, CA # 2021-0883#
NOI Submittal - SB35:

Plot Date:

SNOWFALL (SW6000) POPULAR GRAY (SW6071)

MILGARD - TWEED MILGARD - TWEED
RELENTLESS OLIVE (SW 6425) RED BARN (SW 7591)CORDOVAN (SW 6027) RELENTLESS OLIVE (SW 6425) BLACK FOX (SW7020) URBANE BRONZE (SW7048)

SUNBRELLA - TAUPESUNBRELLA - TRUE BROWNTIERRA Y FUEGO - SANTA BARBARA SERIES CARNAVAL FLOWER 1, CARNAVAL FLOWER 2

TIERRA Y FUEGO - SANTA BARBARA SERIES
JAZMIN 1, JAZMIN 2
DEEPEST MAUVE (SW0005) ADAPTIVE SHADE (SW7053)
GRAYISH (SW6001) SPALDING GRAY
(SW6074)

OAK LEAF BROWN
(SW7054)

PROPER GRAY
(SW6003)

PERFECT GRIEGE
(SW6073)
FIRST STAR (SW 7646) FIRST STAR SW 7646

BORAL - COPPER MOUNTAIN BLEND BORAL - CASA GRANDE BLENDVILLA & MISSION STONE IMPORTS, LLC

PORCELAIN LAGUAN SALTILLO - DARK

VILLA & MISSION STONE IMPORTS, LLC

PORCELAIN LAGUAN SALTILLO - DARK
COLOR SCHEME 1 COLOR SCHEME 2

STUCCO BASE STUCCO BASE

WINDOW WINDOW
DOOR 1 DOOR 1DOOR 2 DOOR 2

IRON IRON

CANVASCANV

ASCERAMIC ACCENT TILES CERAMIC ACCENT TILES

SHUTTER SHUTTER
STUCCO ACCENT STUCCO ACCENTENH. ACCENT ENH. ACCENT

ENTRY SURROUND ENTRY SURROUND

ROOF ROOFPORCELAIN SALTILLO PORCELAIN SALTILLO
GRIFFIN (SW7026)

TRIM TRIM
ATTACHMENT 3 - 20
6 ATTACHMENT 3 - 21
6 ATTACHMENT 3 - 22
OCTOBER 2022
NTS
Att achment A - ALTA Sur vey
ATTACHMENT 3 - 23
ATTACHMENT 3 - 24
Development Standards Consistency Analysis Consistency
Determination
10-1-805 Location and Operation of Uses:

A. All processing and assembly of goods shall be conducted completely within a building that is enclosed on all four (4) sides, unless otherwise specified.

B. Operations that create noise, smoke, ash, dust, odor, ground vibration, heat, glare, humidity, radio disturbance, or radiation shall be so located, and conducted in such a manner, that they do not exceed the standards prescribed in Article 17 of this chapter, measured at the property lines of the use in question.

The requirements are not applicable to the proposed
residential project.

Consistent
Maximum Residential Density: 20 du/ac The 0.88-acre project site is allowed up to a maximum of 17.6 dwelling units based on General
Plan designation. The Project includes 2 affordable
housing units for low income families, which is
eligible for a 20 percent density bonus per Section
65915 of the California Government Code and
Burbank Municipal Code Section 10-1-635. The
Project provides 21 dwelling units at a density of

23.9 du/ac.

Consistent
10-1-806 A. Structure Height

1. 50- less than 150 feet distance from R-1-H: 35 feet (roof and architectural features may exceed the maximum height, up to 15 additional feet, if a 45 degree angle as depicted in Diagram No. 1 is maintained)

2. The maximum height of a building, for those portions more than 25 feet from a R-1, R-1-H, and R- 2 lot line, shall be measured to the ceiling height of the highest room permitted for human occupancy. The maximum height of a structure, for those portions of a structure less than 25 feet from R-1, R-1-H, and R-2 lot line, shall be measured to any part of the structure.

3. Conditional Use Permit is required for structure height greater than 35 feet.

4. Structure height shall be measured from grade as defined by this chapter.

5. For structures or portions of a structure between 25 feet and 50 feet from the R-1, R-1-H, R-2, or comparable PD zone, roof and architectural features may exceed the maximum height, up to 35 feet, if a 45 degree angle as depicted in Diagram No. 1 is maintained.

6. The portion of a structure within the distance requirement (e.g. 25 to less than 50 feet) shall meet the height requirement for that section (e.g. 25 feet). Should a structure extend beyond one (1) or more of the distance requirements, the portions of that structure may meet each height requirement separately.

1. The proposed maximum building height is 35' to
top of building.

2. The proposed maximum building height is 35' to
top of building.

3. Not applicable.

4. The structure height is measured from grade.

5. The distance from the project to the R-1-H across
Maricopa Street is greater than 50 feet.

6. The project is not within the distance requirement
since it is more than 50 feet from the R-1-H zone.

Consistent
ARTICLE 8. INDUSTRIAL USES AND STANDARDS
DIVISION 1. M-1 INDUSTRIAL ZONE
Attachment C - Development Standard Consistency Analysis ATTACHMENT 3 - 25
ARTICLE 8. INDUSTRIAL USES AND STANDARDS
DIVISION 1. M-1 INDUSTRIAL ZONE
Attachment C - Development Standard Consistency Analysis 10-1-806 B. Open Space

1. Distance Requirements.

Each lot which abuts or is adjacent to an R-1, R-1-H or R-2 lot shall provide open space not less than 20 feet wide along the area that abuts the residential property.

2. Determination of Open Space.

This open space shall be measured from the lot line of the residential property to the commercial structure. Public rights-of-way may be included within the calculation of such area, except as otherwise provided in this section.

3. Landscaping Requirement. When the industrial property abuts or is any residential property, a five (5) foot strip of the open space which lies adjacent the residential property shall be landscaped, unless a public right-of-way is utilized in the calculation of the open space. This landscaping is intended to provide screening between the different zones.

4. Parking Allowed in Open Space.

Parking is allowed in the open space as long as Subsection (3) is satisfied.

The proposed project does not abut residentially-
zoned properties, therefore the requirements in this
section are not applicable to the project.

Consistent
10-1-806 C. Yard

1. Front Yard - Definition.

For the purpose of this section, side yards on corner lots shall be considered as front yards.

2. Setbacks.
a. All structures, including semi-subterranean garages, but excluding above-grade parking structures, shall be set back at least five (5) feet from the front lot line or 20 percent of the building height, whichever is greater; this setback requirement may be averaged. Such setback shall be required for that portion of a building that is within 20 feet above grade and shall be calculated for the length of the building frontage only. Any open space or surface parking lots not in front of a structure shall not be included in calculating average setbacks. Portions of buildings over 20 feet in height may extend over required front yard setbacks, except in areas where required trees are planted.
b. Above-grade parking structures shall be set back from the front lot line at least five (5) feet or 20 percent of building height, whichever is greater, but in no event shall the setback be less than three (3) feet. This setback requirement may be averaged. When abutting or adjacent R-1, R-1-H or R-2 zones, above-grade parking structures must be setback 20 feet from the residential property line.
c. When abutting or adjacent R-3 or R-4 zones, above-grade parking structures must be setback ten (10) feet from the residential property line. Public rights-of-way may be used in this calculation. d. For setbacks for surface parking lots, see Article 14, Division 4 of this Chapter.

The Project provides minimum setbacks:

Front yard: 7'
Rear yard: 6'
Side yard: 10'
Side yard to the surface parking: 2'6"
a. The front yard setback is 7 feet, which is 20
percent of the building height (35 feet).
b. The project does not include any parking
structures, therefore, this item does not apply.
c. The project does not abut any R-3 or R-4 zones,
therefore this item does not apply.

Consistent
ATTACHMENT 3 - 26
ARTICLE 8. INDUSTRIAL USES AND STANDARDS
DIVISION 1. M-1 INDUSTRIAL ZONE
Attachment C - Development Standard Consistency Analysis

3. Landscaping.
a. A minimum of 50 percent of front and exposed side yards shall be landscaped. b. 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. c. The planting of vines on masonry buildings is encouraged. d. To qualify as landscaped area, all areas not occupied by trees or shrubs must be planted with turf or other ground cover with a minimum soil depth of 12 inches. All planters must 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 (3) foot planter depth shall be required and the planter must have a minimum inside dimension of four (4) feet.
e. In required front and exposed side yards, 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 must have a minimum length and width of five (5) feet.
h. For additional landscaping requirements for above-grade parking structures and surface parking lots, see Article 14, Division 4 of this Chapter.” a. The project provides 61% landscaped front yard
including parkways.
b. Decorative hardscape are provided.
c. Noted and the project will be consistent with this
item.
d. Noted and the project will be consistent with this
item.
e. Noted and the project will be consistent with this
item.
f. Noted and the project will be consistent with this
item.
g. Noted and the project will be consistent with this
item.
h. Not applicable.

TBD/Consistent.

D. Masonry Wall
A six (6) foot high decorative masonry wall shall be erected along every property line forming a boundary with a residential zone, except that along the front setback area of such residential zone the wall shall be reduced to three (3) feet.

A 6-foot masonry wall will be provided along the
front property line, and is depicted on the
Conceptual Wall Plan.

Consistent
E. Off-Street Parking
Yards may be used for off-street parking if consistent with this article.

The project does not include parking within the
required front yard.

Consistent
ATTACHMENT 3 - 27
ARTICLE 8. INDUSTRIAL USES AND STANDARDS
DIVISION 1. M-1 INDUSTRIAL ZONE
Attachment C - Development Standard Consistency Analysis 10-1-1303: Corner Cutoff
No structure, object, or feature, including but not limited to fences, walls, and hedges, may be erected or maintained in any zone below a height of ten (10) feet and above a height of three (3) feet above the finished ground surface within a corner cutoff area. The corner cutoff area is defined by a horizontal plane making an angle of 45 degrees with the front, side, or rear property lines as the case may be, and passing through points as follows:

A. Streets
At intersecting streets, ten (10) feet from the intersection at the corner of a front or side property line.

B. Alleys
At the intersection of an alley with a street or another alley, ten (10) feet from the edges of the alley where it intersects the street or alley right-of-way.

C. Driveways
At the intersection of a driveway with a street or alley, five (5) feet from the edges of the driveway where it intersects the street or alley right-of-way.

A. no structures are within 10' from the intersection
of Mariposa Street and Valleyheart Drive.

B. Not applicable.

C. At the intersecton of entry drive and Mariposa
Street, more than 5' from the edge of the driveway
are provided.

Consistent
10-1-1401: Parking Space Dimensions
The following minimum parking space shall be provided:

Residential: Min. Width 8'-6"
The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be determined by standards established by the Public Works Director.

All parking spaces have a minimum dimension of 8'-
6" in width and 18' in depth.

Consistent
10-1-1403: Ingress and Egress; Backing into Highway
Off-street parking shall be easily accessible from and to a street or other dedicated public right-of- way. The parking shall be so arranged that it shall not be necessary to back into a major or secondary highway to exit from the parking area. Exceptions from this requirement may be authorized by the Public Works Director if the parking area is located in an R-1 or an R-2 Zone.

The proposed off-street parking backs into internal
drives and no backing is necessary onto any public
right-of-way.

Consistent
10-1-1408: Parking Spaces Required
Not applicable. See Parking requirements above (Section 65913.4 of the California Government Code)
The Project will dedicate a minimum of 10 percent of
the total number of for-sale units affordable to
households making at or below 80 percent of the
AMI (Low Income). Pursuant to SB 35, the project t is
eligible for 1 parking space per unit. The Project
provides total of 47 spaces at 2.23 spaces/du, which
is in compliance with SB 35 parking requirement of 1
space/du.

Consistent
ATTACHMENT 3 - 28
ARTICLE 8. INDUSTRIAL USES AND STANDARDS
DIVISION 1. M-1 INDUSTRIAL ZONE
Attachment C - Development Standard Consistency Analysis 10-1-1412: Location of Parking Areas
A. DWELLINGS.

For single or multiple family dwellings, off-street parking shall be located on the same lot or building site as the building is required to serve.

B. HOSPITALS, ROOMING HOUSES, CLUBS, ETC.

For hospitals, sanitariums, homes for the aged, orphanages, rooming houses, lodging houses, clubrooms, fraternity and sorority houses, off-street parking shall be located not more than 150 feet from the building it is required to serve.

C. COMMERCIAL USES.

For commercial uses, off-street parking shall be located not more than 300 feet from the use it is required to serve.

D. MANUFACTURING USES.

For manufacturing uses, off-street parking shall be located not more than 750 feet from the use it is required to serve.

A. The proposed off-street parking is located on the
same lot.

B, C and D. The requirements are not applicable to
the project.

Consistent
10-1-1417.1 Setbacks and Walls
A. Parking areas, trash enclosures, and utility cabinets or equipment shall be fully screened from public view through the use of berming, landscape materials, walls, buildings, lowering the elevation of parking areas below street grade, or a combination thereof. All walls to be used for screening purposes shall be of solid masonry construction and ornamental in texture, pattern, or shadow relief and shall be used in conjunction with foreground landscaping.

B. Surface parking lots shall have four foot minimum front yard and street side yard landscaped setbacks. A three foot high masonry wall, or other such protective barrier as may be approved by the Community Development Director, shall be constructed along the street frontage of a parking lot, except at accessways, to insure against unchanneled motor vehicle ingress or egress. If a wall is used as a protective device, the required landscaping must be located between the wall and the street property line.

C. All walls and landscaping materials shall comply with the corner cutoff requirements in Section 10-1-1303.

A. All parking areas or buildings will be screened
from view by landscaping.

B. The proposed surface parking lots are not next to
the streets, so the street side yard landscape setback
requirement is not applicable.

C. See the responses in 10-1-1303.

Consistent
ATTACHMENT 3 - 29
ARTICLE 8. INDUSTRIAL USES AND STANDARDS
DIVISION 1. M-1 INDUSTRIAL ZONE
Attachment C - Development Standard Consistency Analysis 10-1-1418: Landscaping:

A. All interior areas not used for parking spaces or driving aisles in a parking lot shall be landscaped.

B. Landscaping and shading plans shall be prepared by a licensed landscape architect and shall be done to the satisfaction of the Director. The licensed landscape architect shall certify that the plans comply with the requirements of this Section as well as the provisions of AB 1881, the Model Water Efficient Landscaping Ordinance. The Director may prepare guidelines to assist applicants in drafting landscaping plans.

1. Minimum Landscape Areas. A minimum of ten percent of the open parking and driveway areas shall be landscaped, exclusive of required front and exposed side yard setbacks. a. All interior parking lot landscaping, exclusive of required front and exposed side yard setbacks, shall be located within a planter bounded by a concrete curb at least six inches high. No planter shall have a minimum dimension of less than six feet by six feet, or if no tree is located in the planter, four feet by four feet, excluding curbing. Each planter shall include a permanent automatic irrigation system appropriate for the type of landscaping installed. Each planting area shall be of adequate size for the landscaping provided.

A. All interior areas not used for parking spaces or
driving aisles in a parking lot are landscaped.

B. Landscaping and shading plans are prepared by
licensed landscape architects. The plans comply with
Burbank's code requirements.

1. 10.7 percent of the landscape are provided for the
whole site excluding the setback areas.
a. All interior lot landscaping are bounded by a six-
inch tall curb.

Consistent
b. Trees, shrubs, and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area and shall be designed so as not to block the view of motorists and pedestrians. All shrubs and groundcover shall be a minimum five gallon size. c. Groundcover or shrubs may not exceed three feet in height above the parking lot surface. d. No one species shall comprise more than 75 percent of the planting within each of the following categories: trees, shrubs, and groundcover.
e. Not more than 25% of the plant or planter or landscaped area may be covered with non-plant surfaces such as gravel, landscaping rock, artificial turf or concrete. f. All landscaped areas shall be designed so that plant materials are protected from vehicle damage or encroachment.
b. Trees, shrubs, and ground cover are provided for
the project. Five surface parking areas are spread
out, so no views will be blocked.
c. Groundcovers and shrubs will be limited to 3 feet
in height in the common landscape areas.
d. Different types of species, including trees, shrubs
and groundcover will be provided in the parking
areas in the next full submittal.
e. The common landscape area does not consist of
gravel, rocks, artificial turf or concrete.
f. All landscape areas are designed so they are
protected from vehicle damage or encroachment by
incorporating a 6 inch tall curb around all drive
areas.

TBD/Consistent
ATTACHMENT 3 - 30
ARTICLE 8. INDUSTRIAL USES AND STANDARDS
DIVISION 1. M-1 INDUSTRIAL ZONE
Attachment C - Development Standard Consistency Analysis 10-1-1602: Curb Cuts
No vehicular access way shall be located nearer than 30 feet to the ultimate curb lines of an intersecting street, nor be provided with a curb cut of more than 18 feet in residential zones and 30 feet in other zones. The Public Works Director may permit a curb cut of not more than 38 feet in nonresidential zones if the adjacent parking area is provided with an internal circulation pattern requiring two (2)-way vehicular movement in the driveway. Curb cuts on the same lot shall be separated by at least 20 feet of uncut curb. In residential zones, each lot is limited to one curb cut for each 100 feet of street frontage along any one street except that lots with less than 100 feet of street frontage may provide one curb cut. Minor deviations from the foregoing standards may be authorized by the Public Works Director to accommodate the safe ingress and egress of vehicles.

The project is within a non-residential zone (M-1)
and includes two-way circulation. The project
includes one curb cut and is 26 feet wide, which is
less than the 38-foot maximum. The proposed curb
cut is in the middle of the property and the curb cut
radius ends 32 feet from the southerly property line
and 53 feet from the northerly property line. The
nearest intersecting street is Morningside Drive,
which is approximately 75 feet north of the project.

Consistent
10-1-1603: Driveway Width
Every driveway shall be at least 10 feet wide, and a maximum as approved by the Director.

All proposed driveways have a minimum width of 16
feet, as depicted on the Preliminary Grading and
Drainage Plan.

Consistent
10-1-1604: Driveway Slopes
The slope of a driveway or driveway ramp shall not exceed a grade of 20 percent. A grade transition shall be provided at each end of a driveway or driveway ramp in accordance with standards prescribed by the Public Works Director.

As shown on the Preliminary Grading and Drainage
Plan, the slopes of the driveways range from 0.8% to

2.0%.

Consistent
10-1-1606: Turn Around Areas
A 24 foot turning radius shall be provided for access to driveways and right-angle parking stalls.

The project provides a 24-minimum turning radius to
driveways and right-angle stalls, as depicted on the
Preliminary Grading and Drainage Plan.

Consistent
ATTACHMENT 3 - 31
Development Standards Consistency Analysis Consistency
Determination
10-1-630: Additional Requirements for the Rancho Area
B. Architecture Design
Architectural design and style for all structures must be oriented towards early California Rancho imagery, including but not limited to the following:

1. Strong horizontal elements such as long roof lines and verandas

2. Wide eave overhangs

3. Adobe or vertical board-and-batten wall surfaces

4. Deeply inset window and door openings

5. Heavy timber elements, such as post and beam support for porches or verandas

6. Multi-paned windows

7. Utilization of the following materials or similar materials approved by the Community Development Director:
a. Exterior woods, including rough cut timber and large section timber b. Slump
c. Block or other adobe-like masonry
d. Clay roof tile
As depicted on the elevations, the project
includes the following architectural
elements:
•Strong horizontal element (long roof line)
•Adobe (stucco) wall surface
•Door recess alcoves behind archways.
•Recessed windows
•Faux wood corbels
•Mul7-paned windows
•Concrete ‘S’ 7les
Consistent
C. Vegetation
Landscaping must include the following types of trees and vegetation, or similar species complementary to the existing Rancho environment that are approved by the Community Development Director:

1. California pepper

2. Olive

3. Live oak

4. California holly

5. Eucalyptus

6. Cactus and succulents
The City required landscape palettes will
be used in combination with a fully
developed landscape architect's concept
plan. The Project will comply with all
applicable landscaping requirements.

TBD/Consistent
ARTICLE 6. RESIDENTIAL USES AND STANDARDS
DIVISION 4. MULTIPLE FAMILY RESIDENTIAL ZONE (R-3)
Attachment C - Development Standard Consistency Analysis ATTACHMENT 3 - 32
Development Standards Consistency Analysis Consistency
Determination
10-1-646: Inclusionary Unit Requirement
A. Calculation
At least 15 percent of all newly constructed dwelling units in Residential Developments shall be developed, offered to and sold or rented to Very Low, Low and Moderate Income Households, at an Affordable Rent or Affordable Ownership Housing Cost, as follows:

1. For-sale projects - All Inclusionary Units 15 percent of the total Residential Development) shall be sold to Low and/or Moderate Income Households.

2. Rental projects - A minimum of five percent of units in the total Residential Development shall be Very Low Income; the remaining ten percent of the units shall be Low Income.

In calculating the required number of Inclusionary Units, any decimal fraction shall be rounded up to the nearest whole number. Any additional units authorized as a density bonus under Section 10-1-635 of the Burbank Municipal Code will not be counted in determining the required number of Inclusionary Units.

The General Plan designates the site as
“Rancho Commercial,” which allows for a
density up to 20 units per acre. With the
project size of 38,362 square feet (excluding
right-of-way dedication areas), the maximum
number of units is 17.6 dwelling units . Two (2)
of these units will be affordable to Low-
Income Earners (80 percent of the Area
Median Income (AMI)). By providing 11
percent as affordable housing units, the
Project is allowed a 20 percent density bonus
per Section 65915 of the California
Government Code, resulting in a total of 21
dwelling units.

Consistent
10-1-651: Standards for Inclusionary Units
A. DESIGN.

Except as otherwise provided in this Division, Inclusionary Units must be dispersed throughout a Residential Development and be comparable in construction quality and exterior design to the Market- rate Units. Inclusionary Units may be smaller in aggregate size and have different interior finishes and features than Market-rate Units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing. The number of bedrooms must at a minimum be the same as those in the Market-rate Units and at the same percentage.

Inclusionary units will be constructed in the
same manner as the proposed units. All units
will be designed to be a cohesive and uniform
community. The units designated as affordable
will be as close as possible to the mix for the
market-rate units.

Consistent
B. TIMING.

All Inclusionary Units must be constructed and occupied concurrently with or prior to the construction and occupancy of Market-rate Units. In phased developments, Inclusionary Units must be constructed and occupied in proportion to the number of units in each phase of the Residential Development.

Both the market rate units and affordable
units will be occupied in phases in a similar mix
as that of the overall project.

Consistent
Attachment C - Development Standard Consistency Analysis ARTICLE 6. RESIDENTIAL USES AND STANDARDS
DIVISION 5. AFFORDABLE HOUSING INCENTIVES
ATTACHMENT 3 - 33
Development Standards Consistency Analysis Consistency
Determination
Attachment C - Development Standard Consistency Analysis ARTICLE 6. RESIDENTIAL USES AND STANDARDS
DIVISION 5. AFFORDABLE HOUSING INCENTIVES
C. DURATION OF AFFORDABILITY REQUIREMENT.

Inclusionary Units shall be reserved for Very Low, Low and Moderate Income Households at the ratios established pursuant to Section 10-1-646, and shall be provided at the applicable Affordable Rent or Affordable Ownership Housing Cost.

1. An Inclusionary Unit that is for rent shall remain reserved for the target income level group at the applicable Affordable Rent in perpetuity for as long as the land is used for housing, which shall be less than 55 years.

2. An Inclusionary Unit that is for sale shall remain reserved for the target income level group at the applicable Affordable Ownership Housing Cost in perpetuity for as long as the land is used for housing, which shall be not less than 55 years, subject to the City provisions for earlier termination set forth in the Inclusionary Housing Agreement. Purchasers of affordable units must remain as owner-occupants, and may not rent out the unit.

Two units will be sold to Low-Income earners
(80 percent Area Median Income) or lower
and will be affordable for a period of no less
than 45 years.

Consistent
ATTACHMENT 3 - 34
Development Standards Consistency Analysis Consistency
Determination
Rancho Commercial Maximum Density: 20 du/ac The 0.88-acre project site is allowed up to a maximum of 17.6 dwelling units based on General Plan designation. The Project includes 2 affordable housing units for low income families, which is eligible for a 20 percent density bonus per Section 65915 of the California Government Code and Burbank Municipal Code Section 10-1-635. The Project provides 21 dwelling units at a density of 23.9 du/ac..

Consistent.

Table M-2 Sidewalk Standards
Rancho Commercial: 15' standard width, 10' min. width
The project includes a 37-foot wide dedication along Mariposa Street to accommodate a 10-foot wide planted parkway and a 5-foot sidewalk (15 feet total). This combined sidewalk/parkway is consistent with the standard width identified in this table and exceeds the minimum 10-foot requirement.

Exhibits and statements found within the Mobility Element and the City's Complete Streets Plan support the idea that a "sidewalk" within this table include the width of the sidewalk and planted parkway. Although the plans include a 5-foot wide sidewalk, the sidewalk could be widened to 10 feet, leaving less area available for plantings withing the parkway. Furthermore, the various street cross sections on pages 4-11 through 4-13 of the Mobility Element depicted a 12-foot wide "parkway" for Collector streets (which is what Riverside Avenue and Main Street are both designated as) that include both a planted parkway and a sidewalk. A 15-foot wide sidewalk would be inconsistent with the cross section for a Collector street.

Additionally, the caption on Page 4-21 of the Mobility Element states, "Different types of sidewalks are appropriate in different neighborhoods," with an image of a +/- 5-foot wide sidewalk on the left. Lastly, Page 70 of the Complete Streets Plan includes a table that uses the term sidewalk/parkway interchangeably.

By providing a 15-foot minimum combined parkway/sidewalk, the project is therefore consistent with this standard.

Consistent.

Neighborhood Collectors or Locals
60' right of way, 36' traveled way, 12' parkway
Per the City's Mobility Element, Mariposa Street is classified as a Local Street. Mariposa Street adjacent to the project site currently has a right of way of 30 feet . Part of the project includes the right-of-way dedication of 37 feet, increasing the width of the parkway from 0 feet to 15 feet and increasing the travel lanes by at 22 feet.

Consistent.

Attachment C - Development Standard Consistency Analysis

GENERAL PLAN
ATTACHMENT 3 - 35
Development Standards Consistency Analysis Consistency
Determination
11-1-1009: Right of Way, Roadway, Parkway and Median Widths Each street shall have right of way, roadway, parkway and median widths conforming to the following (numbers indicate width in feet):

Local: 56' min Rt.-of-Way, 36' min roadway, 10' min parkway Streets shall conform to the above standards (Std.) unless the approving body determines that the widths specified as standard are not practical. Where no standard width is specified but a minimum width is indicated, the approving body may require a width in excess of the minimum. Such widths shall not be reduced below the minimums (Min.) specified except that in hillside or mountainous areas the above widths may be reduced below the minimums specified where evidence satisfactory to the approving body shows that such widths are impractical.

Mariposa is designated as a local street. The project
includes a 37-foot dedication to provide a half-width
of 37 feet, which will include a 15-foot wide
parkway/sidewalk and 22-foot half-width of
Mariposa Street.

Consistent
11-1-1101: Lot Area, Width and Depth
Each residential lot shall have a minimum width, depth and area to comply with the requirements specified in Article 6 of Title 10 of this code for the zone in which the lot is located unless a variance is granted pursuant to the provisions of Title 10, Article 19, Division 3 of this code. Lots in commercial and industrial zones shall have a minimum average width of forty feet (40') and a minimum area of four thousand eight hundred (4,800) square feet.

Lot area is in compliance with the requirements. Consistent 11-1-1102: Lot Frontage
Each lot shall front on a dedicated street. In no case shall a lot intended for residential use have a frontage of less than twenty feet (20'), except that in hillside areas the approving body may in the exercise of sound discretion approve narrower frontage if necessitated by the terrain. Where lots adjoin arterial or collector streets, they shall front on such streets; and where they adjoin local streets, they shall front on the streets which parallel the long dimension of the block. Key lots and double frontage lots are not permitted if they can be avoided.

The project fronts S. Mariposa Drive and has 357.52
feet of frontage.

Consistent
Attachment C - Development Standard Consistency Analysis TITLE 11 SUBDIVISION REGULATIONS
ARTICLE 11. LOT DESIGN
ATTACHMENT 3 - 36
Attachment C - Development Standard Consistency Analysis TITLE 11 SUBDIVISION REGULATIONS
Development Standards Consistency Analysis Consistency
Determination
11-1-1306: Amount of Land for Park Dedication:

Density Formula
Net Density Per Dwelling Unit % of Gross Area Required When Park Land is Dedicated 10 to 19 dwelling units per acre - 9.30%
The requirement does not apply pursuant to 11-1-
1302 since the project includes a map after
November 1, 1986.

Consistent
Development Standards Con
sistency Analysis Consistency
Determination
11-1-1402: Subdividers Must Offer School Site:

Every subdivider and his successors who, within three (3) years or less, develop or complete the development of one or more subdivisions comprised of a single parcel or contiguous parcels having more than four hundred (400) dwelling units within the Burbank Unified School District shall dedicate to the school district such lands as the Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

The project consists of 21 units on a 0.88-acre site
and is less than the threshold for school site
dedication.

Consistent
ARTICLE 13. DEDICATION OF PARK AND RECREATION FACILITIES ARTICLE 14. DEDICATION OF SCHOOL SITES
ATTACHMENT 3 - 37
Attachment C - Development Standard Consistency Analysis TITLE 11 SUBDIVISION REGULATIONS
Development Standards Consistency Analysis Consistency
Determination
11-1-1506: Improvement of Boundary Streets
If an existing street or portion thereof constitutes a boundary of the subdivision and such street is unimproved, or the approving body determines that the street as improved is insufficient for the general use of the lot owners in the subdivision and for local neighborhood needs, the approving body may disapprove the design of the subdivision unless the subdivider improves or agrees to improve the street to the same standards as required in this article for streets in the subdivision.

The project includes a 37-foot wide dedication and
improvements to Mariposa Street.

Consistent
11-1-1509: Drainage Improvements
The subdivider shall provide such drainage facilities as are considered necessary by the approving body for the drainage requirements of the subdivision. Such facilities shall be constructed in accordance with standards and specifications approved by the Public Works Director.

To be provided, but the plans will meet all
applicable water quality requirements.

TBD/Consistent
11-1-1512: Sanitary Sewers
The subdivider shall install sanitary sewers to serve each lot in the subdivision and all off site sewers required to carry the sewage to the nearest public sewer. Such sewers shall be designed and constructed in accordance with City specifications and Title 8, Chapter 1 of this code.

To be provided, but each unit will be connected to a
sanitary sewer.

TBD/Consistent
11-1-1513: Sidewalks
The subdivider shall construct Portland cement concrete sidewalks on both sides of all streets in the subdivision. The sidewalks shall be at least five feet (5') wide and three and one-half inches (3 1/2") thick, and otherwise constructed in accordance with City specifications. Sidewalks on one side of a street may be deleted where the approving body determines that they are not needed.

Sidewalks are provided for the project and will be
constructed in accordance with City specifications.

Consistent
11-1-1514: Street Lighting System
The subdivider shall provide a continuous street lighting system on ornamental standards throughout the subdivision. The plans and specifications for such system shall be submitted to the General Manager of the Public Service Department for approval before the parcel or final map is submitted for certification. The installation of the system shall be subject to inspection by the Public Service Department.

To be provided. TBD/Consistent
11-1-1515: Underground Utilities
Utility lines which serve the subdivision, including, but not limited to, electric, communications, street lighting and cable television, shall be placed underground. The subdivider shall make the necessary arrangements for the installation of such facilities in accordance with the requirements of each such utility and subject to its inspection and approval. Appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground if acceptable to the utility concerned.

The project does not include any overhead utilities
on or adjacent to the project site.

Consistent
ARTICLE 15. IMPROVEMENTS
ATTACHMENT 3 - 38
Attachment C - Development Standard Consistency Analysis TITLE 11 SUBDIVISION REGULATIONS
11-1-1516: Water System and Fire Hydrants
The subdivider shall install a water system and fire hydrants in the subdivision and shall pay to the Public Service Department such amount as is required, in the judgment of its General Manager, to conform off tract water facilities to the requirements of the subdivision. The design of the water distribution system and fire hydrants for the subdivision and of all off site water facilities shall conform to the requirements of the General Manager, and installation of the water system and fire hydrants shall comply with all applicable statutes, ordinances, rules and regulations. Unless the water system and fire hydrants have been constructed and accepted, the agreement and the improvement security required by Section 11-1-604 of this chapter shall provide therefor.

To be provided. TBD/Consistent
11-1-1517: Street Trees and Plants
The subdivider shall plant and install trees in the parkways of the subdivision. If the subdivision contains service road islands, street trees and plants shall be installed in the islands. The type or species and location of the trees and plants shall be subject to the approval of the Park, Recreation and Community Services Director. When a service road island is provided, the subdivider shall install a stub-out water line consisting of a minimum two inch (2") feeder pipe to, and centrally located within, the island.

To be provided. TBD/Consistent
ATTACHMENT 3 - 39
OCTOBER 2022
NTS
Att achment D - Critical Habit at for Threa tened & Endangered Species Map 6/11/2021 Critical Habitat for Threatened & Endangered Species [USFWS] https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77 1/1 About Content Legend
Legend
Final Linear Features
Final Polygon Features
Proposed Linear Features
Proposed Polygon Features
+
−
Details Basemap Share Print Measure Bookm
Critical Habitat for Threatened & Endangered Species [USFWS]Home 

PROJECT SITE
ATTACHMENT 3 - 40
OCTOBER 2022
NTS
Att achment E - Ver y High Fire Hazard Severity Zones Burbank
Very High Fire Hazard Severity Zones in LRA
As Recommended by CAL FIRE
Fire Hazard Severity Zones
Local Responsibility Area State or Federal Responsibility Areas

VHFHSZ VHFHSZ
Non-VHFHSZ Non-VHFHSZ
City Boundary
Parcels
County Boundary
Government Code 51175-89 directs the California Department of Forestry and Fire Protection (CAL FIRE) to identify areas of very high fire hazard severity zones within Local Responsibility Areas (LRA). Mapping of the areas, referred to as Very High Fire Hazard Severity Zones (VHFHSZ), is based on data and models of, potential fuels over a 30-50 year time horizon and their associated expected fire behavior, and expected burn probabilities to quantify the likelihood and nature of vegetation fire exposure (including firebrands) to buildings. Details on the project and specific modeling methodology can be found at http://frap.cdf.ca.gov/projects/hazard/methods.htm . Local Responsibility Area VHFHSZ maps were initially developed in the mid-1990s and are now being updated based on improved science, ©mapping techniques, and data. 0 2In late 2005 to be effective in 2008, the California Building Commission adopted California Building Code Chapter 7A This map was developed using data products such as parcel and city boundaries provided by Miles requiring new buildings in VH FHSZs to use ignition resistant construction methods and materials. These new codes local government agencies. In certain cases, this includes copyrighted geographic information. include provisions to improve the ignition resistance of buildings, especially from firebrands. The updated very high fire 0 3hazard severity zones will be used by building officials for new building permits in LRA. The updated zones will also be The maps are for display purposes only - questions and requests related to parcel or city used to identify property whose owners must comply with natural hazards disclosure requirements at time of property Kilometers sale and 100 foot defensible space clearance. It is likely that the fire hazard severity zones will be used for updates to boundary data should be directed to the appropriate local government entity. the safety element of general plans.

This specific map is based on a geographic information system dataset that depicts final CAL FIRE recommendations for Very High FHSZs within the local jurisdiction. The process of finalizing these boundaries involved an extensive local California Teale Albers, NAD 1983 review process, the details of which are available at http://frap.cdf.ca.gov/projects/hazard/btnet/ (click on "Continue Scale 1: 15,000 as guest without logging in"). Local government has 120 days to designate, by ordinance, very high fire hazard severity zones within its jurisdiction after receiving the recommendation. Local government can add additional VHFHSZs.

There is no requirement for local government to report their final action to CAL FIRE when the recommended zones are at 36" x 36"
adopted. Consequently, users are directed to the appropriate local entity (county, city, fire department, or Fire September 2011 Protection District) to determine the status of the local fire hazard severity zone ordinance.

The State of California and the Department of Forestry and Fire Protection make no representations Jerry Brown, Governor, S
MAP ID: Burbank
or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be tate of California liable under any circumstances for any direct, special, incidental, or consequential damages with John Laird, Secretary for Resources, DATA SOURCES respect to any claim by any user or third party on account of, or arising from, the use of data or maps. The Natural Resources Agency CAL FIRE Fire Hazard Severity Zones (FHSZL06_1) Ken Pimlott, Director, CAL FIRE Very High Fire Hazard Severity Zones in LRA - Los Angeles (c19fhszl06_5) Obtain FRAP maps, data, metadata and publications on the Internet at http://frap.cdf.ca.gov Department of Forestry and Fire Protection For more information, contact CAL FIRE-FRAP, PO Box 944246, Sacramento, CA 94244-2460, (916) 327-3939.

Project Site
ATTACHMENT 3 - 41
OCTOBER 2022
NTS
Pickwick
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
June 1, 2021
0 0.25 0.50.125 mi
0 0.4 0.80.2 km
1:14,567
This page was produced by the NWI mapper
National Wetlands Inventory (NWI)
This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site.

Project Site
Att achment F - United St ates Fish and Wildlife Ser vice Wetlands Mapper ATTACHMENT 3 - 42
Att achment G1 - EnviroSt or Da t abase Map OCTOBER 2022 NTS
Project Site
ATTACHMENT 3 - 43
Att achment G2 - Geotracker Da t abase Map OCTOBER 2022 NTS
Project Site
ATTACHMENT 3 - 44
Att achment H - FEMA’s National Flood Hazard Map OCTOBER 2022 NTS

PROJECT SITE
ATTACHMENT 3 - 45
Att achment I - Faul t Activity Map , California Geological Society OCTOBER 2022 NTS
/0/1 /2/1 /3/4/3/2 /5 /6 /7 /8/9□/11 /12 /9/13/14 /13/9/15 □/16 /6 /17 □/18 /19□/20 /6 /8/13/19/18 /21/22 /13/6 /23/9 /9 /17/24/25 /1 /1 /26 /6/17/24/27 /12/18/22/24/28/21 /14/6/9 /13 /18/22/27 /12/6/27 /29/18/14/1 /12/29/24/1 /19 /6/26 /1 /6/17/17/1 /2 /1/2 /30 /31/32/33/34/35□/31 /37□/38 /31 /39 □/40 /33/41/42 /43/42 /39 /44□/45 /32 /46/42 /47 /32 □/31 /37□/38 /47 /33 /48 □/49 /47 /33 /47/41/42 /50 /42 /33 /34/44□/51 /39 /46 /52/44□/53 /51 /54 /51 /44□/55 /47 /46 /50 /52/33 /44□/56/57 /30 /54 /51 /49 /51 /57 /58 □/59 /44□/60 /61 /55 /61 /44□/49 /62 /63/63/64/65 /66/66/64□ /66/67/65 /68/63/69□ /70 /42/41/46 /42/42/39 /71
/72 /73 /74/75/76/77 /78 /79 /75/73 □/81 /82 /77 /74/77 /83 /75/84 /73 /74□/85 /86 /78 /87 /82 /88 /89/2/4/4/2□ /90 □ /91 /13 /14/28/21 /24/13 /92/28□ /93 /21 /94 □ /95 /7/21 /96/6/22/97/94 □ /20/98 /61 /99 /31 /100 □/39 /42 /47 /46/101 /99 □/46/42 /39 /32 /43/34/39 □/37/31 /46 □ /102
Project Site
ATTACHMENT 3 - 46
40'
Scale: 1" = 20'
0 20' 10'
Conceptual Landscape Plan
Burbank - Mariposa St.

Butterfly Gardens LLC
Project No.: SP01
Date: Oct. 26, 2022
1st City Submittal
L-1
Central community open space area with BBQ Island, Shade Structure, Dining Furniture, fire-pit and lounge furniture for small social events and group gatherings.

Short term bike parking (2 bike racks to accommodate 4 bike stalls).

Two community cluster mailboxes, per USPS review and approval.

Proposed wall, pilaster, gate or fence, per Wall & Fence Plan.

Enhanced paving at main project entry.

Proposed tree, per Planting Plan.
4' wide community natural colored concrete sidewalk, with light top-cast finish and saw-cut joints.

Accessible parking stall and striping, per Civil plans.

Guest parking stall.

Natural colored concrete driveway, with light broom finish and tooled joints.

Private patio / yard area, homeowner maintained.

Common area landscape, builder installed and HOA maintained.

Community dog bag station (black in color), for pet owners.

Property line.

Public street R.O.W.

Proposed public street sidewalk, per Civil plans.

Transformer to be screened with landscape, quantity and final locations to be determined.

Proposed street parkway.

11. 10.

5. 9.

8. 7.

6. 4.

3. 2.

1. LEGEND

12. 17.

16. 15.

14. 13.

18. 6 16 12 7 11
18 6 12 10 4 11 6 1 6 7 94 11 10 12 96 6 7 4 1114 14
14 7
6 11
4 10
9 6
14 12
114126 717 74121618 15
4 4 7 6 12
4 6
10 2 38 12 76 10
13 1 3
213
7 9
ATTACHMENT 3 - 47
Limit of Work
Limit of Work
Limit of Work
Limit of Work
MARIPOSA ST.

WALL LEGEND
6'-0" High stucco over CMU wall, with flat stucco cap.
3'-6" High stucco over CMU patio wall, with flat stucco cap. 6'-6" High (18" sq.) stucco over CMU pilaster, with stucco cap. 3'-6" High metal patio gates.

ADA Path of Travel
Conceptual Landscape Plan
Burbank - Mariposa St.

Project No.: SP01
Date: Oct. 26, 2022
1st City Submittal
1 L-2
40'
Scale: 1" = 20'
0 20' 10'
2 3
4 Project Monument
Sign
Central Open Space:
-BBQ Island
-Shade Structure
-Dining Furniture
Mailbox
ATTACHMENT 3 - 48
1 October 26, 2022
Patrick Prescott
City of Burbank Community Development Director
275 East Olive Avenue
Burbank, CA 91502
Re: SB 35 – Notice of Intent to Submit Application Pursuant to SB 35 for 910 S. Mariposa Project Dear Mr. Prescott:

The applicant, Butterfly Gardens LLC, is intending to request approval of the 910 S. Mariposa project (Project) pursuant to Senate Bill (SB) 35. This letter is to accompany the Notice of Intent to Submit Application pursuant to SB 35 and to serve as the Eligibility Checklist specified in that application.

Project Description
The Project site is located at 910 S. Mariposa Street in the City of Burbank and is 0.88 acres in size. As shown in Exhibit 1, Site Aerial, the Project site is currently used as commercial horse stables. The existing site does not include any residential uses. Easements and existing site encumbrances are identified in Attachment A, ALTA Survey.

Exhibit 1, Site Aerial
ATTACHMENT 3 - 49

2 All existing uses on the Project site will be demolished and cleared. Grading activities will generally include excavating and recompacting the topsoil of the previously-graded site.

The Project consists of approximately 21 three-story townhomes with Spanish Colonial-style architecture, with each unit ranging from 1,125 to 1,675 square feet in size. Each townhome will have a two-car garage with direct, private access into the home as well as private open space in the form of patios and/or upper-level balconies. Common open space areas are provided throughout the site to create inviting passive outdoor spaces.

The General Plan designates the site as “Rancho Commercial,” which allows for a density up to 20 units per acre. With the project size of 38,362 square feet (excluding right-of-way dedication areas), the maximum number of units is 17.6 dwelling units . Two (2) of these units will be affordable to Low- Income Earners (80 percent of the Area Median Income (AMI)). By providing 11 percent as affordable housing units, the Project is allowed a 20 percent density bonus per Section 65915 of the California Government Code, resulting in a total of 21 dwelling units.

A site plan depicting the proposed Project is included as Attachment B. The individual townhome entries are facing common open spaces or auto courts. The overall design concept embraces homes fronting onto open spaces. The Project is surrounded by existing development, allowing for an infill development and allows for access to City services and infrastructure, while being in close proximity to amenities, shops, restaurants, and jobs.

SB 35 Eligibility Checklist
Criterion #1: Number and Type of Units
The Project meets this criterion. The Project is a multi-family housing development consisting of 21 residential dwelling units. The Project site is allowed up to a maximum density of 20 dwelling units per acre. The Project includes two (2) affordable housing units reserved for Low-Income Earners (80 percent AMI), which equates to 11 percent of the total units being affordable. The Project is allowed a 20 percent density bonus per Section 65915 of the California Government Code and increases the maximum allowable number of dwelling units to 21 on the 0.88-acre Project site, resulting in a density of 23.9 du/ac.

Criterion #2: Affordability
The Project meets this criterion. The Project applicant will provide the requisite number and income levels for affordable for-sale housing units in compliance with both SB 35 and the City’s Inclusionary Housing Ordinance for approval and recording by the City prior to the issuance of the first building permit.

ATTACHMENT 3 - 50

3 More specifically, the Project will dedicate a minimum of 11 percent of the total number of units (2 total) as affordable to households making at or below 80 percent of the AMI, and a covenant or other restriction shall be recorded against these units to ensure that they will remain affordable for a period of not less than 45 years.

Criterion #3: Urban Infill
The Project meets this criterion. SB35 requires that at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. The subject property is surrounded by the following uses:
 North: 820 N. Mariposa; Use: Industrial.
 West: 1300 Morningside & 1305 W. Valleyheart; Use: Single-Family Residential  South: 914 S. Mariposa (Studio Horse Rental); Use: Commercial  East: 480 W. Riverside Drive (Los Angeles Equestrian Center); Use: Public Institutional/Open Space

For purposes of this analysis, it is assumed that the Los Angeles Equestrian Center, although zoned open space, but owned by a public agency would meet the definition of an “urban use” pursuant to SB35.

However, to be conservative, this analysis will assume that the easterly boundary does not meet the definition of “urban.”

Based on the site plan and survey data, the perimeter of the site totals 922.12 feet. The length of the easterly property line is 166.10 feet. This property line totals 18 percent of the site boundary. Therefore, the subject site is surrounded by 82 percent urban uses.

Criterion #4: Zoned or Planned Residential Uses
The Project meets this criterion. According to the City’s General Plan (2013) and the General Plan’s Land Use Diagram (General Plan, Exhibit LU-2), the General Plan designation for the property is Rancho Commercial. This designation allows for a maximum of 20 units per acre, typically (i.e., when not being processed as an SB 35 approval) with discretionary approval. The designation is described in the General Plan as allowing for “a variety of low-intensity, multi-family residential and commercial uses.” (General Plan, p. 3-16.) Thus, the City’s General Plan Rancho Commercial designation allows residential uses.

According to the City’s Zoning Map (2019), the Property is zoned M-1 (Zoning Code Art. 8, Div. 1).

Pursuant to Section 10-1-801.5 of the Burbank Municipal Code and as applicable, in the M-1 Zone all uses shall be consistent with the maximum residential density, as prescribed in the General Plan, which allows up to 20 units per acre. However, Section 10-1-502 identifies that residential uses are not permitted in the M-1 Zone. Nevertheless, pursuant to Government Code Section 65913.4(a)(5)(B), in the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards if the development is consistent with the standards set forth in the general plan. As the ATTACHMENT 3 - 51

4 residential use of the proposed Project is consistent with the General Plan, the proposed Project is consistent with this provision.

Criterion #5: Consistent with Objective Standards
The Project meets this criterion. As demonstrated in the chart included as Attachment C, the Project is consistent with relevant development standards. As to the consistent determinations relative to those items in the chart designated as “TBD,” additional information will be provided as part of the formal SB 35 submittal to demonstrate the Project’s consistency with that item.

Criterion #6: Parking
The Project meets this criterion. The Project includes 42 spaces within garages for residents and 5 spaces uncovered for guest parking. The total parking provided is 47 spaces. SB 35 requires a maximum of 1 parking space per unit. The project exceeds this requirement by providing 2.23 spaces per unit.

Criterion #7: Location
The Project meets this criterion. The project is not located within any area designated as farmland, wetlands, very high fire severity zone, hazardous waste site, delineated earthquake fault zone, flood plain, floodway, conservation lands, habitat for protected species, or lands under conservation easement. Moreover, the site does not require the demolition of housing and it did not previously contain housing occupied by tenants. The site also does not require demolition of an historic structure, and the site is not governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

Criterion #8: Subdivision
The Project meets this criterion. Although the Project will include an application for a Tentative Tract Map, the project will satisfy, as applicable, the prevailing wage and skilled and trained workforce requirements identified in the Eligibility Checklist.

Criterion #9: Prevailing Wage
The Project meets this criterion. The Project will comply with all the labor provisions identified in SB 35, including the requirements regarding payment of prevailing wages and use of a skilled and trained workforce in the construction of the Project, as applicable. The Project will commit, to the extent required, to these labor provisions.

Criterion #10: Skilled and Trained Workforce
The Project meets this criterion. As described above, the Project will comply with all the labor provisions identified in SB 35, including the requirements regarding payment of prevailing wages and use of a skilled and trained workforce in the construction of the Project, as applicable. The Project will commit, to the extent required, to these labor provisions.

ATTACHMENT 3 - 52

5 * * *
If you have any questions regarding this letter, please contact me at [email protected] or at 949.221.6256.

Thank you.

Sincerely,

Alan Scales, AIA, NCARB
Principal
KTGY Architecture + Planning

Attachments
Attachment A – ALTA Survey
Attachment B – Site Plan
Attachment C – Development Standard Consistency Analysis Attachment D - Critical Habitat for Threatened & Endangered Species Map Attachment E – Very High Fire Hazard Severity Zones
Attachment F – United States Fish and Wildlife Service Wetlands Mapper Attachment G1 – EnviroStor Database Map
Attachment G2 – GeoTracker Database Map
Attachment H – FEMA’s National Flood Hazard Map
Attachment I – Fault Activity, California Geological Society ATTACHMENT 3 - 53
ATTACHMENT 1-1

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BURBANK AFFIRMING THE COMMUNITY DEVELOPMENT
DIRECTOR’S DETERMINATION THAT THE PROPERTY
LOCATED AT 910 SOUTH MARIPOSA STREET MEETS THE SITE
ELIGIBILITY REQUIREMENTS FOR A SB 35 PROJECT
(PROJECT NO. 22 -0006774 - SB 35 NOTICE OF INTENT TO

SUBMIT AN APPLICATION) PURSUANT TO BURBANK
MUNICIPAL CODE SECTION 10-1-19302(A)(3).

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 October 27, 2022, Butterfly Gardens LLC (“Applicant”) submitted a SB 35: Notice of Intent to Submit a Streamlined Application for a residential project located at 910 South Mariposa Street (the “Project”);

C. The City Council of the City of Burbank held a Council meeting on December 13 , 2022, to consider and review the Community Development Director’s Determination that the property at 910 South Mariposa Street meets the site eligibility requirements for an SB 35 project, pursuant to Burbank Municipal Code (BMC) Section 10-1-19302(A)(3) of Title 1 0 (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”) pursuant to 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 910 South Mariposa 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 3 - 54
ATTACHMENT 1-2

The development is located on a site that satisfies the three following site eligibility criteria:

A. Government Code 65913.4(a)(2)(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.

Analysis: The Project site consists of a legal parcel (APN: 2443-004-017) that is located within the City of Burbank 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 . Therefore, the Project is consistent with this site eligibility requirement.

B. Government Code 65913.4(a)(2)(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.

Analysis: California Government Code Section 65913.4(k) defines “Urban uses” as: “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 a mix of residential and commercial uses on all sides of the subject property. Therefore, the Project is consistent with this site eligibility requirement.

C. Government Code 65913.4(a)(2)(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 is designated for residential use.

Analysis: The zoning of the Project site is M -1 ( Limited Industrial) Zone with a General Plan land use designation of Rancho Commercial. The site’s General Plan land use designation of Rancho C ommercial allows for single -family residential properties and a variety of low -intensity multi-family residential and commercial uses in accordance with BMC Section 10-1-801.5 (General Plan Consistency). The proposed development is 100 percent residential. Therefore, the Project is consistent with this site eligibility requirement.

ATTACHMENT 3 - 55
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 , 2022.

______________________________
Jess A. Talamantes
Mayor

Approved as to Form
Attest: Office of the City Attorney

___________________________ By:________________________ Zizette Mullins, MMC, City Clerk Lisa Kurihara
Senior Assistant City Attorney

ATTACHMENT 3 - 56
ATTACHMENT 1-4

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Zizette Mullins, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on this __ day of ______, 2022, by the following vote:

AYES:

NOES:

ABSENT:

____________________________
Zizette Mullins, MMC, City Clerk
ATTACHMENT 3 - 57

December 23, 2022

SENT VIA EMAIL AND US MAIL

Butterfly Gardens, LLC
910 South Mariposa Street
Los Angeles, CA 91506

ATTN: BUTTERFLY GARDENS, LLC

Subject: 910 South Mariposa Street (APN: 2443-004-017)
SB 35 Project - Notice of Intent (NOI) to Submit Application (Project No. 22-0006774)

To Whom It May Concern:

On October 27, 2022, the City of Burbank received your Notice of Intent (NOI) to submit an application for Streamlined Ministerial Approval Proc ess for a proposed residential project located at 910 South Mariposa Street (Project). The NOI was reviewed for eligibility requirements and compliance with Senate Bill (SB) 35, pursuant to California (CA) Government Code Section 65913.4. In addition, since the receipt of your NOI on October 27, 2022, the City has reached out to the California Native American Tribes that are traditionally and culturally affiliated with the geographic area within which the Project site is located (the “Tribes”) to request initiation of the required tribal consultation process.

You have indicated in the SB 35 eligibility checklist submitted with the NOI application that you intend for the proposed Project to comply with all SB 35 eligibility criteria, including, but not limited to the City’s objective design, development, a nd subdivision standards, and the applicable affordability and labor provisions pursuant to CA Government Code Section 65913.4 . After reviewing the application and items that you submitted, City Staff has determined that your application is not consistent with the City’s objective standards. The Project does not currently meet the housing a ffordability requirements as set forth in Burbank Municipal Code (BMC) Section 10-1-646. The Project is proposing for -sale dwelling units, and pursuant to the BMC’s Subdivision Regulations (Title 11), a condominium/tentative tract map is required.

It is important to note that t he assessment provided in the City’s Zoning Matrix table (Attachment E) indicates that more detailed information regarding the Project must be provided as part of any subsequent Project resubmittal of to complete the NOI review and any subsequent SB 35 Application.

On December 12, 2022, the Community Development Director presented the proposed Project to City Council for review and consideration of three site eligibility requirements per CA Government Code Section 65913.4, subse ctions (a)(2)(A -C) in accordance with BMC Section 10 -1-19302(A)(3). After deliberation, t he City Council voted 3-2 to adopt the City Council resolution affirming the Director’s determination that the Project met the site eligibility requirements as provided for under CA Government Code Section 65913.4 and BMC Section 10-1-19302(A)(3).

ATTACHMENT 3 - 58
Butterfly Gardens
December 23, 2022

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SB 35 Eligibility Criteria and Consistency Analysis
The City received a Notice of Intent (NOI) for the proposed Project on October 27, 2022. As a part of the NOI application the proposed Project must demonstrate consistency with all SB 35 eligibility criteria per CA Government Code Section 65913.4. Please find the NOI consistency analysis below.

1. NUMBER AND TYPE OF UNITS. The project must be a housing development that contains at least two residential units and complies with the minimum and maximum residential density range permitted for the site, plus any applicable density bonus.

Analysis: Consistent. The Project site is in the M-1 (Limited Industrial) Zone and within the Rancho Commercial General Plan Land Use Designation. The M-1 Zone permits a maximum residential density of 20 units per acre within the Rancho Commercial Land Use area with “discretionary approval”. The Project is requesting a 20 percent density bonus with the provision of two units affordable to low - income households. The density bonus would allow a maximum of 24 units on the one -acre lot; however, the Project is proposing 21 total units. Pursuant to local and state SB 35 requirements, the Project does qualify as a multifamily housing development that contains at least two residential units and complies with the maximum residential density range permitted for the site . Per CA Government Code Section 65913.4, the Project site is in a zone and has a general plan land use designation that allows residential density at 20 dwelling units to the acre and as such must be reviewed as part of the streamlined ministerial approval process outlined in SB 35 and BMC Sections 10-1-500 through 10-1- 2464, without any discretionary approval.

2. AFFORDABILITY. If more than 10 residential units are proposed, at least 10 percent of the project's total units must be dedicated as affordable to households making below 80 percent of the area median income. If the project will contain subsidized units, the applicant has recorded or is required by law to record, a land use restriction for the following minimum durations, as applicable:
i. 55 years for rental units.
ii. 45 years for homeownership units.

Analysis: Not Consistent. The Project proposes 10 percent of the units to be affordable to low-income households. Section 402 (a)(3)(A) of the Government Code Section 65913.4 states that “If the locality has adopted a local ordinance that requires greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the AMI, that local affordable housing requirement applies.” 80 percent of AMI would qualify as Low-Income Housing. BMC Section 10-1- 646 requires a minimum of 15 percent of newly constructed dwelling units in Residential Developments to be developed, offered to and sold or rented to very low, low and moderate-income households at an affordable rent or affordable ownership housing cost.

ATTACHMENT 3 - 59
Butterfly Gardens
December 23, 2022

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3. URBAN INFILL. The Project must be located on a legal parcel or parcels within the incorporated City limits. At least 75 percent of the perimeter of the site must adjoin parcels that are developed with urban uses. For purposes of SB 35, “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.

Parcels that are only separated by a street or highway shall be considered adjoined.

Analysis: Consistent. The Project site consists of a lega l parcel (APN: 2443-004-017) that is located within the City of Burbank boundaries. 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 A). The Project site currently adjoins parcels that are developed with urban uses that include residential and commercial uses on all sides of the subject property (Attachment B).

Specifically, the site is bounded by commercial office uses to the north, the Los Angeles Equestrian Center to the east, a commercial recreational and special event use related to horse rental and equestrian uses to the south, and South Mariposa Street with residential dwellings beyond to the west.

4. ZONED OR PLANNED RESIDENTIAL USES. The project must be located on a site that is either zoned or has a General Plan designation for residential or residential mixed-use development, including sites where residential uses are permitted as a conditional use. If the multifamily housing development is a mixed-use development, at least two-thirds of the project's square footage must be designated for residential use.

Analysis: Consistent. The Project site is zoned M-1 (Limited Industrial) (A ttachment C) and has a General Plan land use designation of Rancho Commercial (Attachment D). The Project site’s General Plan land use designation of Rancho Commercial allows for single-family residential properties and a variety of low-intensity multi-family residential and commercial uses in accordance with BMC Section 10-1-2109.6 (General Plan Consistency). The proposed development is 100 percent residential.

5. CONSISTENT WITH OBJECTIVE STANDARDS. The project must meet all objective zoning and design review standards in effect at the time the application is submitted. i. If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards. ii. Any density bonus or any concessions, incentives, or waivers of development standards or reduction of parking standards requested under the Density Bonus Law in CA Government Code Section 65915 are deemed consistent with objective standards. iii. Objective standards are those that require no personal or subjective judgment and must be verifiable by reference to an external and uniform source available prior to submittal. Sources of objective standards include, without limitation:
a) Burbank2035 General Plan,
b) Burbank Municipal Code,
c) Complete Our Streets Plan
d) Burbank Greenhouse Gas Reduction Plan Update

Analysis: Consistent. The Applicant has indicated on the SB 35 NOI Application that the Project would comply with all the objective standards. The Applicant has also indicated that the California State’s Density Bonus Law (Govt. Code Section 65915) would be applied to this Project, which ATTACHMENT 3 - 60
Butterfly Gardens
December 23, 2022

Page 4 ends

would allow for increased density, incentives, concessions, waivers and reduced parking standards.

City Departments’ comments are provided as Attachment E at the end of this letter. Attachment E includes a review of objective development standards in Title 10 (Zoning) of the Burbank Municipal Code. The Applicant would be required to comply with all applicable objective standards provided by all City Departments.

6. PARKING. The project must provide at least one parking space per unit; however, no parking is required if the project meets any of the following criteria:
i. The project is located within one-half mile of public transit as defined by Section 102(r) of the HCD Guidelines.
ii. The project is located within an architecturally and historically significant historic district. iii. On-street parking permits are required but not offered to the occupants of the project. iv. There is a car share vehicle as defined by Section 102(d) within one block of the development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development.

Analysis: Consistent. The Project is providing two private parking spaces per every 2 to 3 - bedroom unit with a total of 42 enclosed parking spaces. The Project is also proposing an additional five open parking spaces to be used for guest parking. The site is not within one-half mile of public transit as defined by Section 102(r) of the HCD Guidelines and is therefore not exempt from the parking requirement but must comply with the parking requirements as outlined under applicable local and State Density Bonus law (CA Government Code Section 65915(p)).

Section 102 of the HCD Guidelines defines public transit as the following:
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge a set fare, run on fixed routes, and are available to the public.

7. LOCATION. The Proposed Project must be located on a property that is outside each of the following areas:

1. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Mo nitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the City’s voters.

Analysis: Consistent. The Project site is not located on prime farmland or farmland of statewide importance, as designated by the California Department of Conservation . The Map shown in Attachment F indicates that the Project site is in “Urban and Built-Up Land”.

2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

ATTACHMENT 3 - 61
Butterfly Gardens
December 23, 2022

Page 5 ends

Analysis: Consistent. The Project site is outside designated Wetland Areas according to the National Wetlands Inventory of the U.S. Fish & Wildlife Service (See Attachment G).

3. A very high fire hazard severity zone, as determined by the California Department of Forestry and Fire Protection pursuant to CA Government Code Section 51178, or within a high or very high fire hazard severity zone as indicat ed on maps adopted by the California Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

Analysis: Consistent. The Project site is outside the very high fire hazard severit y zone as determined by the California Department of Forestry and Fire Protection (See Attachment H).

4. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed-uses.

Analysis: Consistent. The Project site is located within the 91506 zip code. After review of the California Department of Toxic Substances Control’s Cortese List (Hazardous Waste and Substances Site List), it was determined that two sites within this zip code are designated as hazardous waste sites. The Project site is not located within a designated hazardous waste site (See Attachment I).

5. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Sta ndards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter

12.2 (commencing with Section 8875) of Division 1 of Title 2.

Analysis: Consistent. The Project site is not located in an earthquake fault zone, state official map as determined by the State Geologist (See Attachment J).

6. A flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

Analysis: Consistent. The Project site is not located on a flood plain as determined by FEMA (See Attachment K).

7. A floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section

60.3(d)(3) of Title 44 of the Code of Federal Regulations.

Analysis: Consistent. The Project site is not located on flood plain as determined by FEMA (See Attachment K).

ATTACHMENT 3 - 62
Butterfly Gardens
December 23, 2022

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8. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

Analysis: Consistent. The Project site is not located on lands identif ied for conservation in an adopted natural community conservation plan according to the California Department of Fish & Wildlife (See Attachment L).

9. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and G ame Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Analysis: Consistent. A map showing Critical Habitats provided by the U.S. Fish & Wildlife Service indicates that there are no critical habitats within the Project site or in the immediate vicinity of this Project site (Attachment M).

10. Lands under conservation easement.

Analysis: Consistent. The Project site is not located on a conservation easement according to the National Conservation Easement Database (See Attachment N).

11. A site that would require demolition of housing that is:
• Subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very-low income households.
• Subject to rent control.
• Currently occupied by tenants or that was occupied by tenants within the past 10 years.

Analysis: Consistent. The Project site is currently improved with commercial horse stables consisting of one -story open barn structures, sheds, and open corrals , which are proposed to be demolished. Therefore, proposed Project would not require the demolition of any existing housing.

12. A site that previously contained housing occupied by tenants that was demolished within the past 10 years.

Analysis: Consistent. A commercial horse rental business currently operates on the Project site and City records indicate that the commercial space has been in for more than a decade.

13. A site that would require demolition of an historic structure that is on a local, State, or Federal register.

Page 7 ends

National Register of Historic Places). The Proposed Project would not require the demolition of a designated historic structure that was placed on a national, state, or local historic register. (see Attachment O.)

14. A parcel of land or site governed by th e Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

Analysis: Consistent. The Project site is currently improved with commercial horse stables and there are no mobile homes on the site. T herefore, the proposed Project would not require the demolition of any mobile housing. The proposed Project is not located on an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

8. SUBDIVISIONS. The project does not involve an application to create separately transferable parcels under the Subdivision Map Act. However, a subdivision is permitted if either of the following apply:

1. The project is financed with lo w-income housing tax credits (LIHTC) and satisfies the prevailing wage requirements identified in item 9 below.

2. The project satisfies the prevailing wage and skilled and trained workforce requirements identified in items 9 and 10 of this Eligibility Checklist.

Analysis: Not Consistent. The Project site consists of one parcel. The applicant has noted in their NOI submittal that this would be a for-sale housing development but has not provided a proposed subdivision with this application. If the Project site will be subdivided, the applicant must submit a condominium/tentative tract map and would have to notify the city how the Project will comply with the prevailing wage and skilled and trained workforce requirements pursuant to SB 35 and the City’s BMC as identified in items 9 and 10 of this Eligibility Checklist.

9. PREVAILING WAGE. The project proponent must certify that at least one of the following is true:

1. The entirety of the project is a public work as defined in CA Government Code Section 65913.4(8)(A)(i).

2. The project is not in its entirety a public work and all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.

3. The project includes 10 or fewer units AND is not a public work AND does not require subdivision.

Analysis: Consistent. The Applicant submitted a letter as part of the NOI application indicating their commitment to comply with the Prevailing Wage requirement. The Applicant should submit a notarized signed letter indicating which condition applies to the Project and that this standard will be met.

10. SKILLED AND TRAINED WORKFORCE. If the project consists of 75 or more units that are not 100 percent subsidized affordable housing, the project proponent must certify that it will use a skilled and trained workforce, as defined in Government Code Section 65913.4(8)(B)(ii).

ATTACHMENT 3 - 64
Butterfly Gardens
December 23, 2022

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Analysis: Consistent. The Proposed Project proposes 21 total dwelling units and does not meet the 75-unit threshold needed to qualify for this requirement. It is important to note that a proposed Subdivision pursuant to item 8 above would have to include an update noting how the Project will comply or is exempt from the skilled and trained workforce requirements.

Should you have any questions, please feel free to contact Joseph Onyebuchi, Associate Planner at (818) 238-5250.

Sincerely,

Joseph Onyebuchi
Associate Planner

CC: Patrick Prescott, Community Development Director
Fred Ramirez, Assistant Community Development Director – Planning Scott Plambaeck, Planning Manager
Amanda Landry, Senior Planner
Joseph H. McDougall, City Attorney
Iain MacMillan, Senior Assistant City Attorney
Attachments
Attachment A – 2010 US Census – Urbanized Area Reference Map: Los Angeles–Long Beach–Anaheim, CA
Attachment B – Site Aerial Map.

Attachment C – Zoning Map
Attachment D – General Plan Land Use Designation Map
Attachment E – City Department Comments
Attachment F – Prime Farmland
Attachment G – National Wetlands Inventory
Attachment H – CAL FIRE - Very High Fire Hazard Severity Zone Map Attachment I – Dept. of Toxic Substances Control – Hazardous Waste Attachment J – Earthquake Fault Zone
Attachment K – FEMA Flood Map
Attachment L – Natural Community Conservation Map
Attachment M – Critical Habitats
Attachment N – National Conservation Easement Database Map Attachment O - City of Burbank Historic Preservation Plan

ATTACHMENT 3 - 65
ATTACHMENT 3 - 66
ATTACHMENT 3 - 67
4/25/23
ATTACHMENT 3 - 68
0 240 sq ft (per assessor's records)
1970 (per assessor's records)
Burbank M-1
43,690 sq ft, per survey
Commercial Horse Boarding
x
The project site is a flat lot within an urban infill area. The lot is currently being used for a commercial horse boarding operation. The horses are kept in modular pipe corrals, which are the property of the operator and are not affixed to the land. The only structure on the property is a 240 sq ft shack at the front of the property which is used for office/admin purposes. Refer to the Tree Inventory Report for a list and description of current trees and landscaping on site. Refer to the soils analysis report for soil conditions. There are no cultural, historical, or scenic attributes pertaining to the site.

The project will entail the demolition of a 240 sq ft structure and the new construction of 23 three-story townhomes ranging f rom 1,329 - 2,030 sq ft (gross) in size. Each home will have a garage with direct, private access into the home. There are are a total of 46 parking spaces provided throughout the project. The townhomes will have private open space in the form of patios and/or upper level decks. Common open space is also provided on the site for recreation and passive outdoor space.

See Survey on file
ATTACHMENT 3 - 69
4/25/23
ATTACHMENT 3 - 70
The project will utilize SB 35 for the streamlined ministerial review of a density bonus request with one incentive and a tentative tract map. The project will apply for the associated building, grading, and utility permits from the relevant departments of City of Burbank and Burbank Water and Power. As an SB 35 project, the project does not require any other public approvals and it is not subject to review under the California Environmental Quality Act (CEQA).

The site is zone M-1 for light industrial and related uses. The property to the North of the site is also zoned M-1 and is currently being utilized for light industrial activities. The property to the East is the Los Angeles Equestrian Center. The property to the South is zoned M-1, upon which a commercial horse rental business is actively operated. The properties to the West are single family homes contained in Burbank's R-1H residential zoning. There are commercial operations that involve the keeping of horses at the properties to the East and South. Refer to the Tree Inventory Report for plant and tree details.

Using SB 35 streamlined ministerial review in conjunction with a density bonus request with one incentive and a tentative tract map, the project will permit the development of 23 new for-sale townhome units, measuring 3-stories in height.

The project will include associated on-site parking within private garages, landscaping, and other improvements ancillary to residential use. Per SB 35, the project will comply with all applicable objective zoning standards and does not require a variance or conditional use permit to permit the project. x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
ATTACHMENT 3 - 71

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CITY OF BURBANK

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division (818) 238-5250
275 E. Olive Avenue, Burbank, CA 91502
P.O. Box 6459, Burbank, CA 91510-6459

NEW CONSTRUCTION AND CONVERSION

CONDOMINIUM SUBDIVISION APPLICATION
Pursuant to Chapter 27 of the Burbank Municipal Code
Tentative Tract Map No.: __________

1. Site Address: __________________________________ 2. Zip Code _______ ______________

2. Total Area: _____________________________ squ
are feet ____
____________________ acres

3. Number of Lots: ___________________ 4. Number of Buildings Proposed: ________________

5. Fl o o r A r e a B a l c o n y / P a t i o A r e a Proposed Unit Type No. of Units Per Unit in Sq. Ft. Per Unit in Sq. Ft.

Efficiency __________ _______________ ____________________ One-Bedroom __________ _______________ ____________________ Two-Bedroom __________ _______________ ____________________ Three-Bedroom __________ _______________ ____________________ > Three-Bedroom __________ _______________ ____________________ Total number of units: __________

6. Parking Provided: compact ________ standard ________ guest ________ Total _____________

7. Number of existing buildings to be removed: ________________________________________

8. Type of existing buildings to be removed (single family, duplex, etc.): _____________________ ________________________________________________________________________________

9. Ar e there deed restrictions now in effect that regulate the number of dwelling units or the use of the land? Yes _____ No ______ (If "yes", attach copy of said restrictions.) PLEASE PROVIDE THE FOLLOWING:

1. A General
application, environmental information form, radius map and labels (in accordance with City of Burbank requirements) must be co mpleted and submitted with this and all othe r land use/development applications.

2. Thirteen (13) copies of tentative tract map, subject to requirements noted on page 2.

ATTACHMENT 3 - 72

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Staff Comments:_______________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________

TENTATIVE TRACT MAP REQUIREMENTS

1. Each tentative map shall have a minimum dimension of not less than 18 inches by 26 inches. The scale of the map shall be large e nough to show clearly all details ther eof, but in no case is to be smaller than 1" = 100'.

2. The tentative map shall show the following:

A. The tract number as secured from the county engineer displayed in numerals being a minimum height of ¾ inch.

NOTE: If this application is for a vesting tentative map then this map must be titled "VESTING TENTATIVE MAP" in BOLD LETTERS being a minimum height of ¾ inch located directly above the tentative tract number.

B. The dimensions of the boundaries of the property to be subdivided and the relation of said boundaries to other recorded subdivisions or recognized property lines.

C. Name and address of the subdivider.

D. Name, address, regi stration number, certificate, or other acceptable evidence of professional certification of the tract engineer or surveyor.

E. Location, size and character of all existing public utility facilities (water, power, gas, phone, sewage) within or adjacent to the proposed subdivision.

F. The locations, existing names, right-of-way widths, roadway widths, grades, and curve radii of all existing streets and freeways and all proposed streets in or adjacent to the subdivision.

G. The width and location of all existing and pr oposed easements, whether public or private, for streets, drainage, sewerage and public utilities, private purposes, etc.

H. Lot layout, lot numbering, dimensions of ea ch lot and area of each lot in the subdivision.

I. Statement of present use zone a nd proposed use or uses of property.

J. Proposed public areas to be dedicated.

K. Location, size and species of a ll trees or stands of trees over si x (6) inches in diameter in or adjacent to the area proposed for subdivision, including all trees in the parkway.

L. Reserve strips, wall or other devices for controlling access to adjacent property.

M. A vicinity map showing all adjacent and abutting property and streets together with the zoning symbol thereon at a scale no smaller than 1" = 1000'.

N. Date, north arrow, and scale.

O. Where the subdivision covers an area having loca l relief greater than 20 feet, the tentative tract map shall show contours of the entire area (before project implemen tation and after project development) at an interval of five (5) feet.

www/condo.pdf Revised 12/04
ATTACHMENT 3 - 73
633 West Fifth Street
64th Floor
Los Angeles, CA 90071
213.557.7222
www.rpnllp.com
Dave Rand
213.557.7224
[email protected]
April 25, 2023
Jos
eph Onyebuchi, Associate Planner
City of Burbank
275 East Olive Ave
Burbank, CA 91502
Re: 91
0 Mariposa Street – SB 35 Application.

Dear Mr. Onyebuchi:

Our firm represents Butterfly Gardens LLC, the applicant of a housing development located at 910 S. Mariposa Street in the City of Burbank (the “City”). The project includes the demolition of all existing structures on the site and the new construction of six three-story residential structures, containing a total of 23 for-sale townhomes ranging from 1,329 to 2,030 square feet in size and a total of 44 enclosed parking spaces and two open parking spaces (the “Project”).

On October 27, 2022, Butterfly Gardens LLC submitted a Notice of Intent (“NOI”) to Submit an SB 35 Streamlined Ministerial Application which was accepted by the City. At the meeting on December 13, 2022, the City Council consider ed the site eligibility requirements of Government Code Section 65913.4 subsections (a)(2)(A -C) in accordance with the requirements of Burbank Municipal Code Section 10 -1- 19302(A)(3). City staff confirmed that the Project satisfies all three criteria.

In November 2022, City staff confirmed that they reached out to the California Native American Tribes that are traditionally and culturally affiliated with the geographic area within which the Project site is located (the “Tribes”) to request initiation of the required tribal co nsultation process. The City entered into an enforceable agreement with two Tribes , the Fernandeño Tataviam Band of Mission Indians on March 29, 2023, and the Gabrieleño Band of Mission Indians - Kitz Nation on April 4, 2023 so the tribal consultation process has been satisfied in accordance with Government Code Section 65913.4(b).

On December 23, 2022, the City issued a letter which provided an SB 35 Eligibility Criteria and Consistency Analysis. In this letter, the City confirmed that the Project meets the SB 35 eligibility criteria per Government Code Section 65913.4, with two exceptions which are addressed below. “2. AFFORDABILITY. If more than 10 residential units are proposed, at least 10 percent of the project’s total units must be dedicated as affordable to households making below 80 percent of the area median income. If the project will contain subsidized units, the applicant has recorded or is required by law to record, a land use restriction for the following minimum durations, as applicable:

2. 55 years for rental units.

ATTACHMENT 3 - 74

April 25, 2023

Page 2 ends

ii. 45 years for homeownership units.

Analysis: Not Consistent . The Project proposes 10 percent of the units to be affordable to low - income households. Section 402 (a)(3)(A) of the Government Code Section 65913.4 states that “If the locality has adopted a local ordinance that requires greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the AMI, that local affordable housing requirement applies. ” 80 percent of AMI would qualify as Low -Income Housing. BMC Section 10-1-646 requires a minimum of 15 percent of newly constructed dwelling units in Residential Developments to be developed, offered to and sold or rented to very low, low and moderate -income households at an affordable rent or affordable ownership housing cost.

As part of an NOI resubmittal, the Project shall note how it complies with the City’s Inclusionary Housing Ordinance for similar for-sale units or provide the CA government code sect ion that allows an exemption from this requirement.”
The Project site is in the M-1 (Limited Industrial) Zone and within the Rancho Commercial General Plan Land Use Designation which permits a base density of 20 dwelling units per acre. The Project site is one acre, which results in a base density of 20 units. The Project includes a request for a 15 percent density bonus, resulting in a total proposed density of 23 units which will be subdivided as for -sale units . To receive the 15 percent density bonus, the Project must set aside 10 percent of the base density, or 2 units, as Low Income. The Project sets aside 2 units as Low Income which satisfies both the density bonus requirements of the State Density Bonus Law (Government Code Section 65915) and BMC 10-1-635.A, as well as the SB 35 requirement to provide 10% of the “total units” for Low Income households, or those households making below 80 percent of the area median income. 1 The City’s Inclusionary Housing Ordinance ( BMC Section 10 -1-646) requires a minimum of 15 percent of newly constructed dwelling units in Residential Developments to be developed, offered to and sold or rented to very low, low and moderate-income households at an affordable rent or affordable ownership housing cost. The Inclusionary Housing Ordinance states that for-sale projects must include 15 percent of the “total” Residential Development units to be sold to “ Low and/or Moderate Income Households.” This section also provides an option to use “Inclusionary Credit s” for a credit of two (2) Moderate Income owner units for everyone one (1) Low Income owner unit. The Project has a “total” of 20 units, which would require 15 percent or 3 units as Low or Moderate Income. As the Project provides two (2) Low Income Owner units, it receives a credit for up to four (4) Moderate Income units and therefore satisfies the requirements of the City’s Inclusionary Housing Ordinance. “8. SUBDIVISIONS. The project does not involve an application to create separately transferable parcels under the Subdivision Map Act. However, a subdivision is permitted if either of the following apply:

1. The project is financed with low-income housing tax credits (LIHTC) and satisfies the prevailing wage requirements identified in item 9 below.

1 Government Code Section 65915(o)(8)(a) provides that “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. (ii) Includes a unit designated to satisfy an inclusionary zoning requirement of a city, county, or city and county.

ATTACHMENT 3 - 75

April 25, 2023

Page 3 ends

2. The project satisfies the prevailing wage and skilled and trained workforce requirements identified in items 9 and 10 of this Eligibility Checklist.

In accordance with SB 35, the Project, will comply with the requirements of Government Code Section 65913.4(a)(8) satisfying the prevailing wage requirements, as the Project is not in its entirety a public work. Enclosed with this transmittal is a notarized letter which certifies that the Butterfly Gardens LLC will comply with the requirements of Government Code Section 65913.4(a)(8) requiring payment of prevailing wages.

The letter issued by the City on December 23, 2022 indicated that the Project was consistent with all other SB 35 criteria and objective standards.

Enclosed with this letter is the full application for a SB 35 Streamlined Ministerial Review to determine the Project’s consistency with all applicable objective standards, as required by State law. This package includes the required application forms, plans and subdivision map, and supplemental information for the Project including a Consistency Matrix which provides additional responses to each of the applicable objective standards . These materials demonstrate that the Project , as fully submitted, is again consistent with all objective standards.

The Project will also include a request for one incentive, as permitted for a project which provides at least 10 percent of the total units for Low Income Households. BMC 10 -1-640(A)(6) permits applicants to seek “Other regulatory incentives or concessions proposed by the Developer or the City which result in identifiable, financially sufficient, and actual cost reductions.” In accordance with the BMC, the applicant will utilize one incentive to request a waiver of the Art in Public Places (BMC 10 -1-1114) which would otherwise require the provision of public artwork, or a combination of public artwork and an in-lieu fee equal to the amounts specified below:
“1. One percent (1%) of the Total Project Cost for the first 15 million dollars;

2. Three-quarters of one percent (0.75%) of the Total Project Cost, for that portion between 15 million and 25 million dollars, in addition to (1) above; and

3. One-half of one percent (0.50%) of the Total Project Cost for that port ion equal to or in excess of 25 million dollars, plus (1) and (2).”
By relieving the Project of the requirement to commission public art or to pay an equivalent fee, an incentive to waive the Art in Public Places requirement would result in identifiable and actual cost reductions for the project. This cost reduction would allow the Project to provide for affordable housing costs for the sale of the two (2) Low Income units.

ATTACHMENT 3 - 76
April 25, 2023

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With t
his submittal, we look forward to the City’s review of the full SB 35 application and ultimate approval by the City Council.

Sincerely,
Dave Rand
Dave Ran
d
Partner
of RAND PASTER & NELSON, LLP
DR
cc: Fred R
amirez, Assistant Community Development Director
Scott Plambaeck, Planning Manager
Joseph McDougall, City Attorney
ATTACHMENT 3 - 77
1 Pat
rick Presco
Community Development Director
City of Burbank
275 East Olive Avenue
Burbank, CA 91502
Dear Mr. Presco:

The applicant, Buerﬂy Gardens, LLC, is reques.ng an approval of The Buerﬂy Gardens project (project) pursuant to Senate Bill (SB) 35. The Project consists of 23, three-story residen.al townhomes on a 1.01- acre site of which 2 units will be reserved for Low-Income households (up to 80 percent of the Area Median Income (AMI)), resul.ng in 10 percent of the base density units being considered “aﬀordable.” In addi.on to the non-discre.onary en.tlement, the approval shall also include an approval of the subdivision map pursuant to SB 35:

Subdivision Map Act (Division 2 (commencing with Secon 66410)) for a development that meets the provisions in (1) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Secon 21000) of the Public Resources Code). Such an applicaon shall be subject to a ministerial process as part of the Streamlined Ministerial Approval Process.

The subdivision request includes a request for parkland credits, pursuant to Sec.on 11-1-1308 of the Burbank Municipal Code, for the privately maintained open space provided as part of the project. Should there be any applicable park in-lieu fee pursuant to Sec.on 11-1-1307 of the Burbank Municipal Code.

If you have any ques.ons regarding this leer, please contact me at 949.221.6256. Thank you.

Sincerely,
Alan Scales, AIA, NCARB
Principal
KTGY Architecture + Planning
April 25, 2023
ATTACHMENT 3 - 78
2 Pat
rick Presco
Community Development Director
City of Burbank
275 East Olive Avenue
Burbank, CA 91502
Re: Application for SB 35 Approval of The Butterfly Gardens Project, 910 S. Mariposa Street Dear Mr. Prescott:

On behalf of Butterfly Gardens, LLC (“Applicant”), we hereby submit an application requesting approval of The Butterfly Gardens Project (“Project”) pursuant to SB 35. This letter provides a summary of the Project and its consistency with the eligibility criteria pursuant to SB 35, which was previously submitted through a Notice of Intent Application to the City of Burbank on October 27th, 2022. On December 13th, 202
2 the City Council of the City of Burbank considered the site eligibility requirements as noted in Government Code Section 65913.4, subsections (a)(A-C) in accordance with Burbank Municipal Code Section 10-1-19302(A)(3) and voted to approve the eligibility of the site for SB 35 with respect to those subsections.

Project Description
April 25, 2023
The Project site is located at 910 S. Mariposa Street in the City of Burbank, and it is comprised of 1.0 acres. As shown in Exhibit 1, Site Aerial, the Project site is a flat lot being utilized as a commercial horse boarding facility by the current tenant. There is a single, small structure of 240 square feet (per assessor’s records) located at the front of the site being used for admin/office purposes. There are pipe corrals located throughout the site which are not affixed to the land and are the property of the tenant.

The tenant intends on disassembling and relocating them upon termination of the tenancy. The existing site does not include any residential uses. Easements and existing site encumbrances are identified in the Land Survey contained in Attachment B.

ATTACHMENT 3 - 79

3 Exhibit 1, Site Aerial

All improvements on the Project site will be demolished and cleared. Grading activities will generally include excavating and recompacting the topsoil of the site. Including stormwater treatment devices, it is not anticipated that excavations will exceed 10 feet below existing grade.

The Project consists of 23 three-story townhomes ranging from 1,329 to 2,030 square feet in size. Each home will have a parking garage with direct, private access into the home as well as private open space in the form of patios, upper-level decks, and/or roof decks. At the rear of the property, a common open space element is provided to create an inviting space for recreation activities and passive outdoor space.

An area of approximately 5,300 square feet at the front of the property will be dedicated to provide for a 12-foot-wide expansion of the current roadway (Mariposa Street), a 7-foot-wide parkway planting strip, a 5-foot-wide pedestrian sidewalk, and a 13-foot-wide equestrian trail. This dedication will help improve pedestrian, equestrian, and vehicular safety. The equestrian trail will provide safe passage to the Mariposa Equestrian bridge for neighborhood equestrians.

Of these 23 townhomes, 2 units will be reserved for Low-Income residents (80 percent of the Area Median Income (AMI)) as an affordable component to the project. These units will remain affordable at ATTACHMENT 3 - 80

4 these levels for a period of at least 55 years. One incentive is being requested for the Project and is described in Attachment A.

A site plan depicting the proposed project is included in Attachment B. The buildings are arranged to allow for vehicular access through a central driveway, and pedestrian access into the property through the network of walks that lead to individual townhome entries as well as common open space.

The Project provides for a responsible urban infill location, allowing access to existing City services, infrastructure, amenities, shops, restaurants, and jobs.

SB35 Eligibility Checklist
Criterion #1: Number and Type of Units
The Project meets this criterion. The project is a multi-family housing development consisting of 23 residential dwelling units. The Project site is allowed up to a maximum density of 20 dwelling units per acre. The project includes two (2) affordable housing units reserved for Low-Income Earners (80 percent AMI), which equates to 10 percent of the total units being affordable. The Project is allowed a 20 percent density bonus under CA State Density Bonus Law and the Burbank Inclusionary Housing Ordinance which increases the maximum allowable number of dwelling units to 24 on the 1.0-acre Project site, resulting in an allowable density of 24 du/ac.

More specifically, the Project will dedicate a minimum of 10 percent of the total number of units (2 total) as affordable to households making at or below 80 percent of the AMI, and a covenant or restriction shall be recorded against these units to ensure they will remain affordable for a period of not less than 45 years. Pursuant to Section 10-1-646 of the Burbank Municipal Code, at least 15 percent of all newly constructed dwelling units in residential developments shall be developed, offered to, and sold to low or moderate-income households. Section 10-1-646, Paragraph C allows for credits for units sold to low-income residents (80 percent of the AMI) at a rate of two (2) units for every one (1) provided.

Currently, the Applicant will reserve 2 units for low-income residents (80 percent of the AMI), resulting in a total of 10 percent of the base density allowance being affordable. This would result in a total credit of 4 affordable units, exceeding the 15 percent inclusionary housing requirement identified in Section 10-1-646 of the Burbank Municipal Code.

Criterion #3: Urban Infill
The Project meets this criterion. The project is located within the incorporated City limits. Moreover, at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. The subject property is surrounded by the following uses:

ATTACHMENT 3 - 81

5  North: 820 N. Mariposa; Use: Industrial.
 West: 1300 Morningside & 1305 W. Valleyheart; Use: Single-Family Residential  South: 914 S. Mariposa (Studio Horse Rental); Use: Commercial  East: 480 W. Riverside Drive (Los Angeles Equestrian Center); Use: Public Institutional/Open Space
The Project site currently adjoins parcels that are developed with urban uses that include residential and commercial uses on all sides, or 100 percent, of the subject property.

Criterion #4: Zoned or Planned Residential Uses
The Project meets this criterion. According to the City’s General Plan (2013) and the General Plan’s Land Use Diagram (General Plan, Exhibit LU-2), the General Plan designation for the property is Rancho Commercial. This designation allows for a maximum of 20 units per acre, typically (i.e., when not being processed as an SB 35 approval) with discretionary approval. The designation is described in the General Plan as allowing for “a variety of low-intensity multi-family residential and commercial uses.” (General Plan, p. 3-16.) Thus, the City’s General Plan Rancho Commercial designation allows for residential uses.

According to the City’s Zoning Map (2019), the Property is zoned M-1 (Zoning Code Art. 8, Div. 1).

Pursuant to Section 10-1-801.5 of the Burbank Municipal Code and as applicable, in the M-1 zone all uses shall be consistent with the maximum residential density, as prescribed in the General Plan, which allows up to 20 units per acre. However, Section 10-1-502 identifies that residential uses are not permitted in the M-1 Zone. Nevertheless, pursuant to Government Code Section 65913.4(a)(5)(B), in the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards if the development is consistent with the standards set forth in the general plan. As the residential use of the proposed Project is consistent with the General Plan, the proposed Project is consistent with this provision.

Criterion #5: Consistent with Objective Standards
The Project meets this criterion. As demonstrated in the chart included as Attachment C, the Project is consistent with relevant development standards. The Project is requesting an incentive pursuant to the Density Bonus Law and the City’s Inclusionary Housing Ordinance Section 10-1-646(A)(6) for relief from the Art in Public Places requirement, as described in Attachment A.

Criterion #6: Parking
The Project meets this criterion. Parking will be provided at a minimum rate of 2.0 spaces per unit. The project provides 44 parking spaces within private, enclosed garages, in addition to 2 spaces left uncovered and available for guest parking. The Project is providing more parking than the one space/unit ratio authorized pursuant to SB 35 (Section 65913.4(d)(2)).

Criterion #7: Location
ATTACHMENT 3 - 82

6 The Project meets this criterion. The Project is not located within any area designated as farmland, wetlands, very high fire severity zone, hazardous waste site, delineated earthquake fault zone, flood plain, floodway, conservation lands, habitat for protected species, or lands under conservation easement. Moreover, the site does not require the demolition of housing and it did not previously contain housing occupied by tenants. The site also does not require demolition of an historic structure, and the site is not governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act. See Attachments D-I.

Criterion #8: Subdivision
The Project meets this criterion. Although the Project will involve an application for a Vesting Tentative Tract Map, the project will comply with the SB 35 labor provisions as applicable.

Criterion #9: Prevailing Wage
The Project meets this criterion. The Project will comply with the labor provisions identified in SB 35, as applicable, including the requirements regarding payment of prevailing wages in the construction of the Project. See Attachment M.

Criterion #10: Skilled and Trained Workforce
The Project meets this criterion. The Project proposes 23 units. The Project is not 100 percent subsidized affordable housing, but it contains fewer than 50 units and the population of the City of Burbank as determined under the last Centennial Census is not 225,000 or more. Therefore, Section 65913.4(a)(8)(B) does not apply to the Project. The Project will comply with the labor provisions identified in SB 35, as applicable.
* * *
If you have any questions regarding this letter please contact me, at [email protected] or at 949.221.6256, and/or the applicant at [email protected]. Thank you.

Sincerely,

Alan Scales, AIA, NCARB
Principal

ATTACHMENT 3 - 83
7 Attachments
ATTACHMENT A – Cover Letter from Rand, Paster, Nelson LLP and Project Applications ATTACHMENT B - Project Plans
ATTACHMENT B-1 - Tentative Tract Map (Existing and Proposed Conditions) ATTACHMENT C - Objective Standards Consistency Matrix
ATTACHMENT D - Critical Habitat for Threatened & Endangered Species Map ATTACHMENT E- Very High Fire Hazard Severity Zones
ATTACHMENT F - United States Fish and Wildlife Service Wetlands Mapper ATTACHMENT G1 - EnviroStor Database Map
ATTACHMENT G2 - GeoTracker Database Map
ATTACHMENT H - FEMA's National Flood Hazard Map
ATTACHMENT I - Fault Activity Map, California Geological Society ATTACHMENT J - Preliminary Low Impact Development Plan (LID) ATTACHMENT K - Preliminary Hydrology Study
ATTACHMENT L - Sewer Capacity Analysis - Public Works
ATTACHMENT M - Prevailing Wage Letter
ATTACHMENT 3 - 84

May 31, 2022

SENT VIA EMAIL AND US MAIL

Butterfly Gardens, LLC
910 South Mariposa Street
Los Angeles, CA 91506

ATTN: BUTTERFLY GARDENS, LLC

Subject: 910 South Mariposa Street (APN: 2443-004-017)
SB 35 Project - Notice of Intent (NOI) to Submit Application (Project No. 22-0006774)

To Whom It May Concern:

On May 2, 2023, the City of Burbank received your formal SB 35 application for Streamlined Ministerial Approval Process for a proposed residential project located at 910 South Mariposa Street (Project). The application has been reviewed for consistency and/or conflicts with any of the objective standards, objective subdivision standards, and objective design review standards applicable for the proposed project.

After reviewing the application and items that you submitted, City Staff has determined that your application is not consistent with the City’s objective standards . The application includes insufficient information needed to complete the review of the Project in accordance with the objective standards discussed previously. Additionally, staff has determined that the application is in conflict with two objective standards that will be discussed in detail below.

To complete the review of the submitted application, staff will need the following items:

1. Floor-Area Ratio (FAR) and calculations included on the site plan.

2. Demolition Plan showing all existing structures and indicating where demolition will occur.

3. Adjusted gross square footage and use of each building or structure to be demolished.

4. Include a plan sheet documenting all proposed materials.

5. Submitted plans include a section detail for the proposed fiveplex. Plans should include section details for all proposed structures.

6. Provide section(s) at adjacent property lines indicating any grade differential, showing fence height, retaining walls, ground slope, etc.

ATTACHMENT 3 - 85
Butterfly Gardens
December 23, 2022

Page 2 ends

7. Show location of heating, ventilation, air condition (HVAC) units. Provide unit details, height, and distance from parapet or equipment screen.

8. A landscape plan that includes the following details:
a. Table listing notations for names/types and preliminary quantities of shrubs, trees, hedges, and groundcover.
b. Notations for types of hardscape (pavers, permeable concrete, etc.) c. Location and species name(s) of existing and proposed trees and landscaping

9. Show the location of the proposed public art (Art in Public Places requirement pursuant to Burbank Municipal Code Section 10-1-1114) or indicate that the applicant will provide a fee-in-lieu of this requirement.

Upon preliminary review of the submission, staff has determined that the application conflicts with two objective standards. Pursuant to Burbank Municipal Code (BMC) Section 10-1-806 (A), the maximum height of a structure shall be determined by its distance from the closest lot line of any property zoned for residential use. At 50 -less than 150 feet, the maximum height is 35 feet. The project includes residential buildings that are located within 150 feet of R -1-H zoned properties. The Project proposes top -of-plate heights at 32’ 5” whi ch is less than the maximum requirement at that distance. However, the Project proposes encapsulated stairwells that lead to roof decks throughout the project. BMC 10-1-1301 provides exception to the height requirement that permits equipment needed to operate and maintain a building above the maximum top of plate height. T he stairs are considered a structural feature that provide access to proposed roof decks, generally considered an amenity feature, and are therefore not integral to the operation or use of the building. Therefore, this exception does not apply.

The Project is proposing two units affordable to low -income households (10%) and receives a twenty percent density bonus. Pursuant to California 65915 (d)(2)(A), projects that include at least 10 pe rcent of the total units for lower income households shall receive one incentive or concession. The applicant has requested a waiver from BMC 10-1-1114, the requirement to provide a work or works of public art on the project site as their eligible concession. Pursuant to BMC 10-1-640 (B), developers may seek a waiver or modification of development standards that will have the effect of precluding the construction of a housing development but must show that the waiver or modification is necessary to make the housing development, with the affordable units, economically feasible.

ATTACHMENT 3 - 86
Butterfly Gardens
December 23, 2022

Page 3 ends

Parcels that are only separated by a street or highway shall be considered adjoined.

Analysis: Consistent. The Project site consists of a legal parcel (APN: 2443 -004-017) that is located within the City of Burbank boundaries. Additionally, the City of Burbank, inclusive of the Project site, is located within a designated urbanized are a as established by the United States Census Bureau (Attachment A). The Project site currently adjoins parcels that are developed with urban uses that include residential and commercial uses on all sides of the subject property (Attachment B).

ATTACHMENT 3 - 87
Butterfly Gardens
December 23, 2022

Page 4 ends

Analysis: Consistent. The Project site is zoned M-1 (Limited Industrial) (Attachment C) and has a General Plan land use designation of Rancho Commercial (Attachment D). The Project site’s General Plan land use designation of Rancho Commercial allows for single-family residential properties and a variety of low-intensity multi-family residential and commercial uses in accordance with BMC Section 10-1-2109.6 (General Plan Consistency). The proposed development is 100 percent residential.

5. CONSISTENT WITH OBJECTIVE STANDARDS. The project must meet all objective zoning and design review standards in effect at the time the application is submitted. i. If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards. ii. Any density bonus or any concessions, incentives, or waivers of developme nt standards or reduction of parking standards requested under the Density Bonus Law in CA Government Code Section 65915 are deemed consistent with objective standards. iii. Objective standards are those that require no personal or subjective judgment and must be verifiable by reference to an external and uniform source available prior to submittal. Sources of objective standards include, without limitation:
a) Burbank2035 General Plan,
b) Burbank Municipal Code,
c) Complete Our Streets Plan
d) Burbank Greenhouse Gas Reduction Plan Update

Analysis: Consistent. The Applicant has indicated on the SB 35 NOI Application that the Project would comply with all the objective standards. The Applicant has also indicated that the California State’s Density Bonus Law (Govt. Code Section 65915) would be applied to this Project, which would allow for increased density, incentives, concessions, waivers and reduced parking standards.

ATTACHMENT 3 - 88
Butterfly Gardens
December 23, 2022

Page 5 ends

ii. The project is located within an architecturally and historically significant historic district. iii. On-street parking permits are required but not offered to the occupants of the project. iv. There is a car share vehicle as defined by Section 102(d) within one block of the development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development.

Analysis: Consistent. The Project i s providing two private parking spaces per every 2 to 3 - bedroom unit with a total of 42 enclosed parking spaces. The Project is also proposing an additional five open parking spaces to be used for guest parking. The site is not within one-half mile of public transit as defined by Section 102(r) of the HCD Guidelines and is therefore not exempt from the parking requirement but must comply with the parking requirements as outlined under applicable local and State Density Bonus law (CA Government Code Section 65915(p)).

Section 102 of the HCD Guidelines defines public transit as the following:
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of tra nsportation that charge a set fare, run on fixed routes, and are available to the public.

7. LOCATION. The Proposed Project must be located on a property that is outside each of the following areas:

1. Either prime farmland or farmland of statewide importance, a s defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Mo nitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the City’s voters.

Analysis: Consistent. The Project site is not located on prime farmland or farmland of statewide importance, as designated by the California Department of Conservation. The Map shown in Attachment F indicates that the Project site is in “Urban and Built-Up Land”.

2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

Analysis: Consistent. The Project site is outside designated Wetland Areas according to the National Wetlands Inventory of the U.S. Fish & Wildlife Service (See Attachment G).

3. A very high fire hazard severity zone, as determined by the California Department of Forestry and Fire Protection pursuant to CA Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

ATTACHMENT 3 - 89
Butterfly Gardens
December 23, 2022

Page 6 ends

Analysis: Consistent. The Project site is outside the very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection (See Attachment H).

4. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardou s waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed-uses.

Analysis: Consistent. The Project site is located within the 91506 zip code. After review of the California Department of Toxic Substances Control’s Cortese List (Hazardous Waste and Substances Site List), it was determined that two sites within this zip code are de signated as hazardous waste sites. The Project site is not located within a designated hazardous waste site (See Attachment I).

5. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologi st, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter

12.2 (commencing with Section 8875) of Division 1 of Title 2.

Analysis: Consistent. The Project site is not located in an earthquake fault zone, state official map as determined by the State Geologist (See Attachment J).

Analysis: Consistent. The Project site is not located on a flood plain as determined by FEMA (See Attachment K).

7. A floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section

60.3(d)(3) of Title 44 of the Code of Federal Regulations.

Analysis: Consistent. The Project site is not located on flood plain as determined by FEMA (See Attachment K).

8. Lands identified for conservation in an adopted natural community conservatio n plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

Analysis: Consistent. The Project site is not located on lands identified for conservation in an adopted natural community conservation plan according to the California Department of Fish & Wildlife (See Attachment L).

ATTACHMENT 3 - 90
Butterfly Gardens
December 23, 2022

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9. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec . 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10. Lands under conservation easement.

Analysis: Consistent. The Project site is not located on a conservation easement according to the National Conservation Easement Database (See Attachment N).

Analysis: Consistent. The Project site is currently improved with commercial horse stables consisting of one -story open barn structures, sheds, and open corrals, which are proposed to be demolished. Therefore, proposed Project would not require the demolition of any existing housing.

12. A site that previously contained housing occupied by tenants that was demolished within the past 10 years.

Analysis: Consistent. A commercial horse rental business currently operat es on the Project site and City records indicate that the commercial space has been in for more than a decade.

13. A site that would require demolition of an historic structure that is on a local, State, or Federal register.

Analysis: Consistent. The Project site is not located in a historic district and there are no Federal, State, or locally designated historic structures on the Project site ( per Appendix D of City of Burbank Historic Preservation Plan , November 1999, California Register of Historic Reso urces, National Register of Historic Places). The Proposed Project would not require the demolition of a designated historic structure that was placed on a national, state, or local historic register. (see Attachment O.)

14. A parcel of land or site governed b y the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

Analysis: Consistent. The Project site is currently improved with commercial horse stables and there are no mobile ho mes on the site. Therefore, the proposed Project would not require the demolition of any mobile housing. The proposed Project is not located on an existing parcel of land ATTACHMENT 3 - 91
Butterfly Gardens
December 23, 2022

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or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.

1. The project is financed with low -income housing tax credits (LIHTC) and satisfies the prevailing wage requirements identified in item 9 below.

2. The project satisfies the prevailing wage and skilled and trained workforce requirements identified in items 9 and 10 of this Eligibility Checklist.

Analysis: Not Consistent. The Project site consists of one parcel. The applicant has noted in their NOI submittal that this would be a for-sale housing development but has not provided a proposed subdivision with this application. If the Project site will be subdivided, the applic ant must submit a condominium/tentative tract map and would have to notify the city how the Project will comply with the prevailing wage and skilled and trained workforce requirements pursuant to SB 35 and the City’s BMC as identified in items 9 and 10 of this Eligibility Checklist.

9. PREVAILING WAGE. The project proponent must certify that at least one of the following is true:

1. The entirety of the project is a public work as defined in CA Government Code Section 65913.4(8)(A)(i).

3. The project includes 10 or fewer units AND is not a public work AND does not require subdivision.

Should you have any questions, please feel free to contact Joseph Onyebuchi, Associate Planner at (818) 238-5250.

Sincerely,
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Butterfly Gardens
December 23, 2022

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Joseph Onyebuchi
Associate Planner

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633 West Fifth Street
64th Floor
Los Angeles, CA 90071
213.557.7222
www.rpnllp.com

Dave Rand
213.557.7224
[email protected]
June 16, 2023
Joseph Onyebuchi, Associate Planner
City of Burbank
275 East Olive Ave
Burbank, CA 91502

Re: 910 Mariposa Street – SB 35 Application and Density Bonus Incentive Requests Dear Mr. Onyebuchi:

Our firm represents Butterfly Gardens LLC, the applicant of a housing development located at 910 S. Mariposa Street in the City of Burbank (the “City”). The project includes the demolition of all e xisting structures on the site and the new construction of six three-story residential structures, containing a total of 23 for-sale townhomes ranging from 1,329 to 2,030 square feet in size and a total of 44 enclosed parking spaces and two open parking spaces (the “Project”).

On October 27, 2022, Butterfly Gardens LLC filed a Notice of Intent (“NOI Application ”) to file an SB 35 Ministerial Application for the Project. On December 23, 2022, the City issued a letter in response to the Notice of Intent to file an SB 35 Ministerial Application which provided a SB 35 Eligibility Criteria and Consistency Analysis (“NOI Consistency Analysis”). In this letter, the City confirmed that the Project meets the SB 35 eligibility criteria per Government Code Section 65913.4, with two exceptions :

Affordability and Subdivisions.

The City’s Consistency Analysis confirmed that the Project was consistent with the height standard of Burbank Municipal Code (“BMC”) Section 10-1-806(A). Relative to this standard, the NOI Consistency Analysis stated:

“The maximum height of a structure shall be determined by its distance from the closest lot line of any property zoned for residential use. At 50 – less than 150 feet, the maximum height is 35 feet. At 150 – less than 300 feet, the maximum height is 50 feet.

The Project includes residential buildings that are located within 150 of R-1-H residentially zoned properties located across Mariposa Street to the west. The Project proposes a maximum height of 34’10” for its triplex structures, 35’ for its fourplex and fiveplex structures. Therefore, the Project complies with the applicable maximum allowable height of 35 feet that is applicable to similarly zoned properties that are located within 150 feet of other residential zoned properties.”

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June 16, 2023

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On April 24, 2023, the City issued a letter which stated that the NOI was deemed complete and a full SB 35 application may be submitted. On May 2, 2023, Butterfly Gardens LLC submitted a full SB 35 Streamlined Ministerial Application (the “SB 35 Application”) which was accepted by the City. With the SB 35 Application, Butterfly Gardens LLC provided a response to demonstrate how the Project was in fact consistent with the Affordability and Subdivisions criteria , as well as all other objective standards noted as applicable to the Project by the City’s NOI Consistency Analysis. The SB 35 Application also included a request for an incentive to waive the Art in Public Places (BMC 10 -1-1114) requirement, as BMC 10-1- 640(A)(6) permits a project which provides at least 10 percent of the total units for Low Income Households to request one incentive which result in identifiable, financially sufficient, and actual cos t reductions for the project.

On June 7, 2023, the City issued a letter in response to the SB 35 Application which indicated that submittal was incomplete and the Project was inconsistent with one objective standard related to overall building height pursuant to Burbank Municipal Code (“BMC”) Section 10 -1-806(A). B MC Section 10 -1- 806(A) requires that:
“1. The maximum height of a structure shall be determined by its distance from the closest lot line of any property zoned for residential uses as follows:

DISTANCE FROM R-1, R-1-H OR R-2 LOT LINE (OR

COMPARABLE PD ZONE)

MAXIMUM HEIGHT
(i) 0 - less than 25 feet 1 foot height per 1 foot distance for any part of the structure (roof and architectural features
must also comply with maximum height
restrictions within first 25 feet)
(ii) 25 - less than 50 feet 25 feet (roof and architectural features may exceed the maximum height, up to 35 feet, if a 45
degree angle as depicted in Diagram No. 1 is
maintained)
(iii) 50 - less than 150 feet 35 feet (roof and architectural features may exceed the maximum height, up to 15 additional
feet, if a 45 degree angle as depicted in Diagram
No. 1 is maintained)
(iv) 150 - less than 300 feet 50 feet (roof and architectural features may exceed the maximum height, up to 15 additional
feet, if a 45 degree angle as depicted in Diagram
No. 1 is maintained)”

The code goes on to specify certain exceptions:

2. The maximum height of a building, for those portions more than 25 feet from a R-1, R-1-H, and R-2 lot line, shall be measured to the ceiling height of the highest room permitted for human occupancy. The maximum height of a structure, for those portions of a structure less than 25 feet from R-1, R-1-H, and R-2 lot line, shall be measured to any part of the structure.

3. Conditional Use Permit is required for structure height greater than 35 feet.

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June 16, 2023

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4. Structure height shall be measured from grade as defined by this chapter.

The Project is located across an existing public street from the properties in the R-1-H zone to the west and also includes a new 37-foot dedication. As such, the architectural plans submitted with the SB 35 Application demonstrate that none of the proposed structures of the Project are within 25 feet of the adjacent R-1-H zone.1 The plans show that two of the structures on the western half of the Project site are within 50-150 feet of the R-1-H zone, and are thus subject to a 35 foot height limit. The City’s June 7, 2023 letter stated:

“The Project proposes top-of-plate heights at 32’ 5”, which is less than the maximum requirements at that distance. However, the plans depict encapsulated stairwells that lead to roof decks throughout the project, resulting in a building height that exceeds the maximum 35’ height limit. Further, the stairwells do not qualify for the height exception listed in BMC 10-1-130, which permits equipment needed to operate and maintain a building above the maximum top of plate height. The stairs are considered a structural feature that provide access to proposed recreational roof decks, generally considered an optional amenity feature, and are therefore not considered equipment integral to the operation of use of the building. Therefore, this exception does not apply.”

The design of the two buildings on the west side of the Project include stair housing plates (also known as “dormers”) which exceed the 35-foot height limit by approximately 7 feet, 9 inches within 50- 150 feet of the R-1-H zone. In order to accommodate this additional height, Butterfly Gardens LLC would like to modify the Project’s request for one eligible incentive to permit the height increase which will accommodate the stair housing plates, up to 7 feet, 9 inches above the 35 foot height limit. This incentive will allow for more efficient construction and site design which will result in cost reductions for the Project and provide for affordable housing costs for the sale of the two (2) Low Income units.

Enclosed with this letter are the materials needed to respond to the City’s June 7, 2023 incomplete letter. The modification of the incentive requests resolves the singular standard (height) with which the Project was considered inconsistent, so the Project may now be considered as consistent with all objective standards. With this submittal, we look forward to the City’s concurrence that the Project meets all objective standards, has submitted a complete SB 35 Application and may receive approval by the City Council.

1 Refer to sheet A1.0.

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June 16, 2023

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Sincerely,

Dave Rand

Dave Rand
Partner
of RAND PASTER & NELSON, LLP

cc: Fred Ramirez, Assistant Community Development Director Scott Plambaeck, Planning Manager
Joseph McDougall, City Attorney
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Burbank City CouncilJuly 25, 2023

Burbank City Council
July 25, 2023