STAFF REPORT
DATE: February 27, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director V IA: Fred Ramirez, Assistant Community Development Director Scott Plambaeck, Planning Manager
Leonard Bechet, Principal Planner
BY: David Kim, Senior Planner
SUBJECT: Adoption of a Resolution t o Confirm the Community Development Director’s Determination and Approval of the Streamlined Ministerial Design Review for a Mixed-Use, Multifamily Residential Project at 3201 W. Olive Avenue, Pursuant to Burbank Municipal Code Title 10 (Zoning Regulations) , Chapte r 1 (Zoning), Article 19 (Zoning Procedures and Amendments) , Division 12 (Streamlined Ministerial Approval Process), and Senate Bill 35 (CA Government Code Section 65913.4)
RECOMMENDATION
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK CONFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR’S DETERMINATION THAT PROJECT NO. 23-0003343, LOCATED AT 3201 W. OLIVE AVENUE IS CONSISTENT WITH ALL
APPLICABLE OBJECTIVE ZONING AND DESIGN REVIEW STANDARDS AND APPROVING THE PROJECT’S STREAMLINED MINISTERIAL DESIGN REVIEW (Attachment 1).
EXECUTIVE SUMMARY
Project No. 23-0003343 (Project) is a proposed 144-residential rental unit , five-story, mixed- use, multi-family residential dev elopment with 1,058 square feet of ground- level retail space located at 3 201 W est Olive Avenue. The Project was submitted as a Senate Bill ( SB) 35 Residential Streamlined Ministerial Approval Process Application (Attachment 4) pursuant to SB 35 ( California Government Code Section 65913.4 1) and subject to the corresponding
1 All references to California Government Code Section 65913.4 refer to the law as it existed on the date of the submittal of the Notice of Intent (NOI) Application (June 24, 2022).
COMMUNITY
DEVELOPMENT
2 requirements in the Burbank Municipal Code (BMC) Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process).
Eligible SB 35 applications that comply with the City’s objective design and development standards ( i.e., zoning, general plan, and subdivision standards) do not require any discretionary permit (such as a conditional use permit or development review) and are not subject to environmental review pursuant to the California Environmental Quality Act (CEQA).
Staff reviewed the proposed SB 35 application and determined that the Project satisfies all SB 35 eligibility requirements and complies with the City’s applicable objective zoning and design review standards . Furthermore, in compliance with SB 35 and prior to the formal SB 35 application for thi s project, the Notice of Intent (NOI) application process was considered complete on April 20 , 2023 (Attachment 2), when tribal consultations with two (2) California Native American tribes concluded and two tribal enforceable agreement s were executed (Attachment 3).
The Community Development Director (Director) recommends that the Council adopt the attached Resolution (Attachment 1) and confirm the Director’s determination that the Project is consistent with the City’s applicable objective zoning and design review standards , including the objective standards of the Project’s MDC -2 (Media District Limited Commercial) zoning designation and Media District Commercial General Plan land use designation, and confirm approval of the Streamlined Ministerial Design Review of the Project.
BACKGROUND
Project Site and Surrounding Land Uses
The Project site currently has limited landscaping features and gravel ground cover. The Project site is a triangular shaped development site bounded by Lima Street to the west and West Alameda Avenue and West Olive Avenue to the north and south, respectively. West of the site is the Talaria mixed-use development and commercial land uses. North of the Project site and across West Alameda Avenue, are existing residential uses including an established single-family residential neighborhood. South of the Project site and across West Olive Avenue, are office, restaurant, and studio uses including the Burbank Studios property. Table 1 provides general property information for the Project site and surrounding land uses.
Table 1: General Property and Surrounding Land Use Information Address 3201 West Olive Avenue
Cross Streets East of North Lima Street, North of West Olive Avenue , and South of West Alameda Avenue
Assessor’s Parcel
Numbers (Existing)
2483-023-420, 421, 431, 432, 456, and 457 ; 2484-024-
403
General Plan
Designation
Media District Commercial (Max. 1. 1 FAR and 58
units/acre density)
Zoning MDC-2 (Media District Limited Commercial)
Property Size 71,829 square feet (1.64 acres) of gross lot area Current Development Vacant
3 Street Classification and
Width
West Olive Avenue: Major Arterial Street at 100 ft. wide North Lima Street: Local Street at 60 ft. wide
West Alameda Avenue: Major Arterial Street at 100 ft. wide
Surrounding
Neighborhood:
North
Residential use
South Commercial use
West Mixed-use residential and commercial (Talaria)
East Commercial use
Project Description
The proposed Project consist s of a new five -story, 1 44-residential rental unit, multi -family residential, mixed-use development with 181 vehicle parking spaces located on two levels of a subterranean parking structure. There will also be 45 bicycle parking spaces available . In summary, the Project’s components include:
1) Fifteen (15) affordable units for very-low-income, deed-restricted for 55 years. 2) 5,240 square feet of open space area, located east of the proposed mixed-use building within the Project site area. The open space will be publicly accessible but continue to be privately owned and maintained.
3) Project dedication of land for public right -of-way purpose: new 15- foot-wide sidewalks along North Lima Street, West Alameda Avenue, and West Olive Avenue. 4) According to the proposed preliminary landsc ape plan, sixteen (16) new public street trees consistent with the City’s Street Tree Master Plan would be planted. 5) Off-site public improvements to Project site including realignment of crosswalk to the southwest corner of California Street and Olive Avenue; and traffic signal improvements along the intersection of California Street and Olive Avenue. 6) Lot-tie agreement to hold the individual parcels of the Project site together to build the proposed mixed-use affordable housing development in accordance with BMC Section 9-1-2-705.3 (Buildings on Contiguous Lots).
SB 35 Timeline and Review Process
The following timeline summarizes the Project’s specific milestones, starting from the SB 35 NOI application review to the SB 35 formal application review.
3201 West Olive Avenue Project Timeline
Date Action
06/24/2022 City Receipt of SB NOI Application.
07/6/2022 Tribal Notifications to California Native Tribes. 08/23/22 City Council Affirmed Community Development Director’s Determination that the Proposed Mixed-Use Project Met the Site 4 Eligibility Criteria of SB 35 as described in Cal. Govt. Code § 65913.4, Subsections (a)(2)(A-C).
04/20/2023 Notification to Applicant that Tribal Enforceable Agreements were Signed and NOI Process Considered Completed.
07/03/2023 Applicant submitted the SB 35 Application to the City for the Review of the Project.
09/01/2023 City Responded to Applicant Regarding the Incomplete Status of SB 35 Application and Objective Standards Compliance Review. 10/17/2023 Applicant Resubmitted the Project for Review. 12/15/2023 City Responded to Applicant Regarding the Incomplete Status of SB 35 Application and Objective Standards Compliance Review. 01/11/2024 Applicant Resubmitted Project for Review.
On June 24, 2022, the Project Applicant, Worthe Real Estate Group, submitted a SB 35 NOI to Submit a Streamlined Ministerial Approval Application for a proposed five-story, 1 44 residential rental unit, mixed-use development. The City initiated the tribal consultation process within the 30- day state -mandated timeline, notifying the Native American Tribes that are traditionally and culturally affiliated with the geographic area of the proposed Project on July 6, 2022 (Gov. Code § 65913.4(b)(1)(A)(iii)(I)). The City received request s for consultation from two Native American Tribes: Fernandeño Tataviam Band of Mission Indians (Tataviams) on July 14, 2022, and the Gabrieleno Band of Mission Indians -Kizh Nation on July 6, 2022. The City initiated tribal consultation meetings with the Tataviams on July 26, 2022 and Kizh Nation on August 3, 2022.
On April 20, 2023, the City provided the Project Applicant with a SB 35 NOI completeness letter stating that the enforceable tribal agreements with the Tataviams and the Kizh Nation were finalized, and the SB 35 NOI application process was completed (Attachments 2 and 3). The Project Applicant was then eligible to submit the SB 35 Streamlined Ministerial Approval application to the City.
On July 3, 2023, the Project Applicant submitted the SB 35 application (Attachment 4) to the City. In accordance with SB 35 and BMC Section 10 -1-19302(B), staff reviewed the Project plans (Attachment 5) for compliance with the City’s objective zoning and design standards .
Staff is required to review the Project and determine whether the Project is consistent with the City’s objective standards within 60 days. If staff determines the Project is consistent with the City’s objective standards, the Project then proceeds to Council (at a noticed public meeting) to undertake objective, ministerial design review to confirm the Director’s determination that the Project is consistent with the City’s objective standards.
ANALYSIS
Objective Standards Defined
State law defines objective standards as “ standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal ” (Gov. Code § 65913.4(a)(5)). Objective standards applicable to the Project can be found in the Burbank2035 General Plan , while the City ’s 5 objective design review and development standards are contained in the BMC and other Council-adopted fees, rules, and regulations. The Project was reviewed for compliance with all relevant objective standards in effect as of June 24, 2022, the date the SB 35 NOI application was submitted to the City.
Consistency with the City’s Objective Zoning Standards
The Project site is zoned MDC-2 and is subject to all MDC-2 zone objective design review and development standards. As referenced in the Objective Standards Consistency Analysis in Attachment 1 – Exhibit B, the Project is consistent with the applicable objective standards of the MDC-2 zone. Below is a summary of key objective standards that note how the Project complies with applicable zoning standards, including the State and City’s density bonus regulations, inclusionary housing regulations, and applicable MDC-2 zone regulations.
State Density Bonus Law and City’s Density Bonus Regulations In accordance with State and City density bonus law s, the Project Applicant is requesting a density bonus for an eligible housing development. With the density bonus request, the Project Applicant is entitled to receiv e density bonus concessions/incentives, waivers, and parking space standards. A summary of the density bonus request is provided below:
• Additional Residential Units (Density Bonus Units) : Pursuant to Cal. Gov. Code § 65915(f)(2), the Project Applicant is requesting a 50% density bonus by providing 15% of the total proposed housing units (without including density bonus units) as very low - income affordable units. For the purpose of calculating the required number of affordable units for the Project, the total proposed housing units are the residential units allowed by the Project site’s density standard. The Project proposes to build 144 total residential rental units with 15 units set aside as very low-income level. The Burbank2035 General Plan Land Use Designation of Media District Commercial for the Project site has a maximum density of 58 units per acre. As allowed by State law, the Project is proposing a density of 87.3 units per acre.
• Concession for Density Calculation: The Project A pplicant has requested one concession which is authorized under Cal. Gov. Code § 65 915(d)(2) based on the proposed 15% set-aside of rental units for very -low-income households. A concession or incentive in the context of a density bonus project is defined in State law as “a reduction in site development standards or a modification of zoning code requirements or architectural design requirements…” (Cal. Gov. Code § 65915(k)(1)).
The Project’s requested concession is to allow the gross area of the Project site including the lot area and portions of the Project site owned in fee for calculating the allowable density. A land survey of the Project site provided by the Project Applicant (Attachment 7) for reference. Furthermore, the Project Applicant provided staff with a State Department of Housing and Community Development (HCD) Letter of Technical Assistance that explains that for the purpose of calculating density for a State density bonus project, the use of gross acreage is appropriate, and State Density Bonus Law favors producing the maximum total housing units (Attachment 8).
6 Therefore, in accordance with the City and State density bonus law, the Project site gross lot area is 71,829 square feet. With the request of a 50% density bonus, t he Project site would be allowed to build 144 units.
• Density Bonus On-site Parking Standards: Pursuant to Cal. Gov. Code § 65915(p)(2), the proposed 50% density bonus project is eligible for a vehicular parking ratio standard of 0.5 parking spaces per unit (including both guest and accessible parking spaces) since the housing development is within a one- half mile of a major transit stop with unobstructed access to the major transit stop from the housing development and providing a least 11% of the housing development to very-low-income. As proposed, the Project is providing 177 on-site residential parking spaces including 20 tandem parking stalls for a total of 40 parking spaces. Tandem parking is allowed per Cal. Gov. Code § 65915(p)(4) as part of a density bonus project. With the requested State density bonus parking standard, the Project requires a minimum of 72 residential spaces.
Since the Project is also reviewed under the SB 35 regulations, Cal. Gov. Code § 65913.4(e) states that if the Project site is within a one- half mile of public transit , then vehicular parking standards cannot be imposed on the proposed SB 35 development.
The Project site is within a one- half mile of a public transit (bus stops); therefore, the Project is not required to provide parking spaces per SB 35.
In addition, the Project Applicant is requesting the following waivers from City development standards: maximum structure height requirements (BMC Sections 10-1-2107(B)(1) and 10-1- 1301); average building setback from street right -of-way requirement (BMC Section 10-1- 2107(C)); and the required on- site trees requirement (BMC Section 10 -1-2107(E)(1)) of the MDC-2 zone. These waivers are requested by the Project Applicant in accordance with Cal.
Gov. Code § 65915(e)(1) and are necessary to address the physical limitations that would affect the build out of the affordable housing project. City review of the requested waivers is as follows:
• Waiver for Maximum Structure Height: The MDC-2 zone requires that the maximum structure height be determined by the structure’s distance from the R-1, R-1H, or R-2 lot line. The nearest applicable residential zone to the Project site is the R -1 zone to the north of the Project site. The nearest distance of the proposed structure and the adjacent R-1 zoned property is over 200’ -0”, but less than 300’ -0” and limits the hei ght of the proposed new building to be a maximum 50’ -0” high, as measured from the average grade of the Project site. The proposed building height, which is measured from the average grade to the ceiling height of the highest room permitted for human occupancy is 60’-5”. The Project also proposes a mechanical equipment area and elevator/stairway enclosure area on top of the roof that would add 11’-2.5” of height. The requested waiver to the structure height requirement is necessary to build out the proposed affordable housing project and state-mandated dwelling units; therefore, the requested waiver can be granted.
• Waiver for Average Building Setback : The MDC -2 zone requires a minimum 5’ -0” building setback from property lines adjacent to the street right -of-way. In addition, 7 buildings taller than 15’-0” in height also require an average setback of 20% of the building height. The average setback for this project is 12’-1”. The Project complies with the minimum 5’-0” setback; however, the Project does not comply with the average 12’- 1” setback along North Lima Street and West Alameda Avenue. The 12’ -1” average setback will be provided along West Olive Avenue. The average building setback waiver along North Lima Street and West Alameda Avenue is necessary to allow the building envelope to accommodate the build -out of the proposed affordable housing project’s state-mandated density; therefore, the requested waiver can be granted.
• Waiver for On -site Trees: The MDC-2 zone requires trees be planted in the front and exposed side yards and along the side and rear building areas that are visible to public view (BMC Section 10 -1-2107(E)(1)). The Project would require 58 private trees be planted on-site. As proposed, the Project will provide 39 private trees on-site. Therefore, the requested landscape waiver is also necessary to accommodate the building envelope needed to build out the affordable housing project and state permitted residential units; therefore, the requested waiver can be granted.
City’s Inclusionary Housing Regulations
In accordance with BMC Sections 10- 1-644 to 10-1-655, a housing development project that proposes five or more units is subject to setting aside a certain number of units of the housing project as affordable units. For a rental housing development, a minimum of 15% of the units (not including any density bonus units) are required to be affordable units at minimum 5% very- low-income and 10% at low -income. The affordable units would be deed-restricted for a minimum of 55 years. A n affordable housing agreement would be required to be recorded, ensuring the Project would provide the required affordable units. The Project complies with the City’s inclusionary housing affordability unit requirements.
MDC-2 Zone and Applicable BMC Standards
Except for the standards that the Applicant is seeking concessions or waivers with the density bonus request, the Project complies with all other City zoning objective standards including the following:
• Architectural and Site Design: In accordance with BMC Sections 10-1-1113.1 and 10-1- 2131, the Project is consistent with the applicable objective design standards. This includes requirements such as compliance with recess building entries, wall heights, and building reflectivity standards.
Furthermore, the Project’s site design would include new landscaping areas along the street frontages and a publicly accessible open space located on the east side of the proposed mixed-use building. This open space area would be owned and maintained by the Project Applicant/Property Owner. For the proposed building design, the Project Applicant proposes to utilize different exterior materials such as concrete, wood composite panel, and metal panel. The proposed building massing is broken up also by variation in the façade treatments along the three street frontages.
8 • Commercial Parking: The Project includes a new 1,058 square foot ground- floor retail space along West Olive Avenue. The required parking spaces for the commercial retail space is three (3) spaces. The Project complies with this requirement by proposing four (4) on-site commercial parking spaces.
Consistency with the Burbank2035 General Plan Objective Standards The Project has been reviewed for conformance with the Burbank2035 General Plan. The Project site has a Media District Commercial General Plan land use designation, which has a maximum density standard of 58 units per acre. The Project Applicant is requesting a 50% density bonus project, where fifteen (15) residential units are set aside as affordable to very-low-income. In accordance with local and State density bonus regulations, the Project is allowed to apply the 50% density bonus to the City’s general plan density standard.
• Street Improvements: Consistent with Burbank2035 Mobility Element goals, the Project would provide the Burbank2035 General Plan sidewalk width requirement of 15-feet along the Project site’s street frontages. The 15-foot-wide sidewalks would be achieved through the Project’s dedication requirements. Furthermore, the Project would provide new street trees along North Lima Street, West Olive Avenue, and West Alameda Avenue consistent with the City’s General Plan and Master Street Tree Plan.
• Affordable Workforce Housing: The Project is consistent with the Burbank2035 Land Use Element housing goals as it proposes mixed-use housing with commercial development that is consistent with the Media District Commercial land use designation by creating new opportunities for affordable and workforce housing near the City’s regional employment areas and commercial corridors. Specifically, the mixed-use development would result in fifteen (15) very-low-income deed-restricted units for 55 years . Providing an affordable housing project near the City’s employment centers is consistent with the City’s land use goals.
• Noise Reducing Design Features: In accordance with the Burbank2035 Noise Element and consistent with the City’s Noise Control Ordinance, the Project must comply with City’s noise standards for a residential development, including the requirement of maintaining interior ambient noise levels at 45 dBA.
Community Benefits
The Project is an infill development located in one of the City’s transit center areas and in proximity to a major employment center within the City’s Media District. The Project would add 144 new rental units to the City’s existing housing inventory. In a ddition, the Project would provide new street and other infrastructure improvements that conform to the City’s General Plan including expanded public right -of-way for public access consistent with the City’s standard 15-foot-wide requirement; traffic signal and pedestrian crosswalk improvements; and new street trees along the Project site’s street frontages.
Pursuant to SB 35, the Project would also be required to comply with the state provisions regarding the payment of prevailing wage and the use of skilled and trained workforce (Cal.
Gov. Code § 65913.4; Attachment 6).
9 STANDARD CONDITIONS OF APPROVAL
SB 35 allows ministerial processing includ ing standard conditions of approval if those conditions are objective and broadly applicable to development within the locality, regardless of streamlined approval, and such conditions implement objective standards that have been adopted prior to submission of the specific housing development application. Staff has provided standard conditions of approval specific to the Project as Exhibit A to Attachment 1.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) (Division 13 , commencing with Section 21000 of the Public Resources Code) does not apply to projects qualifying for the Streamlined Ministerial Approval Process pursuant to CEQA Guidelines Section 15268 . As a result, the Project is not subject to CEQA review. Furthermore, a SB 35 project applicant cannot be required to prepare any studies that would otherwise be required under CEQA (i.e., traffic, air quality, noise, et cetera). Therefore, the City can only require an applicant to abide by objective planning standards in effect at the time the SB 35 notice of intent application was submitted.
COMMUNITY OUTREACH
In accordance with BMC Section 10- 1-19302, a notice of public hearing for the Project was provided. The public notice was mailed to all property owners and occupants within a 1,000- foot radius of the Project site and published in the Los Angeles Times newspaper ten business days prior to the Council meeting date. Furthermore, in accordance with BMC Section 10-1- 2101, the Project was noticed to all property owners south of Oak Street , between Mariposa Street and Clybourn Avenue, because the proposed Project is 25,000 square feet or greater occurring north of the Ventura Freeway (SR-134). Additionally, public notice was posted at the Project site and on the City’s website . As of the writing of this report , staff has received three (3) public comments about the Project (Attachment 9) during the required public noticing period for the Project. In addition, staff has received general inquiries about the Project via telephone.
FISCAL IMPACT
The Project approval would contribute to the City’s General Fund through revenues collected from the Project’s building permit , development impact associated fees, and any property tax revenue resulting from tax reassessment undertaken by the Los Angeles County Tax Assessor.
CONCLUSION
Staff recommends that the City Council confirm the Director’s Determination that the Project is consistent with applicable objective zoning and design standards and approv al of the Streamlined Ministerial Design Review for the proposed housing development at 3201 W est Olive Avenue by adopting the attached Resolution (Attachment 1). In accordance with Cal.
Government Code § 65913.4, the proposed Project qualifies for the Streamlined Ministerial Approval Process under SB 35 and the City’s Streamlined Ministerial Approval Process (BMC Title 10, Chapter 1, Article19, Division 12).
Streamlined Ministerial Design Review approval is warranted as the Project is consistent with applicable City objective zoning and design standards, including all applicable requirements 10 for a housing development project of this type under local and State Density Bonus Law, and the City’s Inclusionary Housing Ordinance.
The Project is consistent with the housing goals of the Burbank2035 General Plan as it would increase the supply of affordable residential units for eligible very-low-income households and help the City continue to make inroads into new housing production that can be applied towards the City’s share of the State’s allocated Regional Housing Needs Assessment (RHNA) 8,772 dwelling units for the City’s Housing Element sixth housing cycle. In addition, the Project would increase the availability of housing units to address the City’s 3- to-1 deficit ratio of jobs to housing and accommodate housing production consistent with the Council’s goal of facilitating 12,000 new units by 2035.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – SB 35 NOI Application Completeness Letter Attachment 3 – Tribal Enforcement Agreements
Attachment 4 – SB 35 Application
Attachment 5 – Project Plans
Attachment 6 – Prevailing Wage and Skilled and Trained Workforce Certification Letter Attachment 7 – Land Survey of Project Site
Attachment 8 – HCD Letter of Technical Assistance (Dated July 26, 2023) Attachment 9 – Public Correspondences
Correspondences