Additional Documents - Attachment 1 Exhibit B Consistency Matrix - Update

1 MEMORANDUM

DATE: November 26, 2024

TO: Justin Hess, City Manager

FROM: Patrick Prescott, Community Development Director BY: Katie Picha, Administrative Officer

SUBJECT: Amendment to the November 26, 2024 City Council Meeting Public Hearing Agenda Item No. 9 – Adoption of a Resolution to Confirm the Community Development Director’s Determination and Approval of the Streamlined Ministerial Design Review for a 40 -Unit Multifamily Residential Project at 910 South Mariposa Street, Pursuant to Burbank Municipal Code Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process) and Senate Bill 35 (CA Government Code Section 65913.4)

This memo is to update Exhibit B (Consistency Matrix) of Attachment 1 ( Resolution) regarding the November 26, 2024 City Council Regular Meeting Public Hearing Agenda Item No. 9 - Adoption of a Resolution to Confirm the Community Development Director’s Determination and Approval of the Streamlined Ministerial Design Review for a 40 -Unit Multifamily Residential Project at 910 South Mariposa Street, Pursuant to Burbank Municipal Code Title 10, Chapter 1 (Zoning), Article 19, Division 12 (Streamlined Ministerial Approval Process) and Senate Bill 35 (CA Government Code Section 65913.4)

The Consistency Matrix has been updated to denote changes in red text and strikethrough red text which address previously noted language that identified specific project objective standards as “Not Consistent”. Consistent with the staff report findings, the Consistency Matrix has been updated to show that all applicable Project objective standards have been met pursuant to BMC Section 10 -1-19302(B)(3) as the Project applicant has either revised the Project development plans dated November 7, 2024 , or compliance with these standards is included in the Project’s Conditions of Approval, and will be met as part of the plan check submittal and review process.

2 Attached to this memo is the updated Exhibit B (Consistency Matrix) of Attachment 1 – (Resolution) with changes denoted in red text and strikethrough red text.

EXHIBIT B

OBJECTIVE STANDARD CONSISTENCY TABLE
1 ATTACHMENT B
CITY COMMENTS ON SB 35 NOI APPLICATION AND CONCEPTUAL DESIGN 910 S. MARIPOSA (PROJECT NO. 23-0006714)

PLANNING DIVISION - CONSISTENCY WITH OBJECTIVE DEVELOPMENT STANDARDS

BURBANK MUNICIPAL

CODE SECTION /

ADOPTED PLAN

CONSISTENCY ANALYSIS COMPLIANCE

DETERMINATION
Article 5. Use Table and
General Use Regulations

10-1-502: USES IN ALL

ZONES (EXCEPT

RESIDENTIAL ZONES)
Consistent. Per Table of Non-
Residential Uses, Multifamily
Residential-only (inclusive of a
condominium, housing
development project) is a
Permitted Use under State
preemption law (CA Govt.

Code Section 65913.4)
Article 6. Residential Uses
and Standards

Division 3.5 Multifamily
Residential-Only
Development in
Nonresidential Zones

10-1-621: PURPOSE
The purpose of this Division is to establish regulations for multifamily residential- only developments in nonresidential zones (all zones except for R-1, R-1-H, R-2, R-3, R-4, or MDR-3, and MDR-4). Nonresidential zones in the City typically have a visual character and land uses dictated by commercial development standards. Specialized development standards are needed to ensure that any residential development that occurs in these zones is appropriately designed to safeguard the health, safety and general welfare of potential residents and adjacent residential uses.

Consistent. The proposed
Project is on a property that is
within the M-1 (Limited
Industrial) zone which is a
nonresidential zone. The
regulations for multifamily
residential-only developments
2 in nonresidential zones are
applicable to this Project.
10-1-622: APPLICABILITY

A. This Division applies
to the following
projects:

1. Residential-only projects consisting of Multifamily Residential-Only uses in nonresidential zones when allowed pursuant to BMC Section 10-1-502.

2. Residential-only projects consisting of Multifamily Residential-Only uses in nonresidential zones when mandated subject to streamlined ministerial review pursuant to State law that preempts local requirements.

Consistent. As noted in BMC
Section 10-1-622 (A)(1), the
proposed Project is Residential-
only project consisting of
Multifamily Residential-Only
Uses in the M-1 Zone, a
residential zone per BMC
Section 10-1-502.

B. Residential additions
to existing residential
uses:

1. If one or more dwelling units are added to an existing single-family dwelling and the single-family structure is retained, all units on the lot, including the previously existing single-family dwelling, shall comply with the applicable requirements of this Division.

2. If one or more dwelling units are added to a property with an existing nonresidential use and the nonresidential use is retained, this Division shall not apply and instead, the project will be subject to Article 9, Division 4 (Mixed-Use Development in Nonresidential Zones).

Not Applicable.

C. To the extent that any
provision in this
Division conflicts with
State laws that
preempt local
development
standards for an
applicable project,
State law will control
over the conflicting
provision. In such
event, the remainder
of this Division that is
Consistent. Project seeks to
address any conflicts with
applicable objective
development standards through
its submittal as an SB 35
Application that includes a
Density Bonus request with
incentives/concessions and
waivers to address noted
deviations from applicable city
standards and was submitted
concurrently under the
3 not in conflict with
State law will apply to
the project.
provision of SB 330 (CA Govt.

Code Section 65941.1)
10-1-623: APPLICATION

REQUIREMENTS
Application submittal requirements shall be established by the Director, and will include, at a minimum:

A. General Application
Form with owner signature
and architectural plans
pursuant to Standard Plan
Details, as issued by the
Director. Applications seeking
review through the
Streamlined Ministerial
Approval Process shall submit
the application materials as
listed in Section 10-1-

19302(D).

Not Consistent. Applicant
submitted an application
subject to the City’s
Streamlined Ministerial
Approval Process (BMC
Section 10-1-19302) on October
4, 2024. The City received a
signed application form with
owner signature and
architectural plans pursuant to
Standard Plan Details as issued
by the Director.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Development Plans (dated
11/7/24) and has been required
to comply with applicable
standards as part of the
Project’s Condition of
Approval that such noted
standard will be met as part of
the plan check submittal.

The west elevation shown on
Sheet 16 of the plan submittal
does not depict the full frontage
of the lot from property line to
property line inclusive of the 7-
foot-tall CMU wall depicted on
Sheet L-3.
4 B. Identification of any
applicable State laws,
including any State law that is
invoked for a streamlined
ministerial review process.

Include a detailed narrative
description of how the project
satisfies all State law criteria
for any applicable streamlined
ministerial review process.

Consistent. Applicant
submitted a Cover Letter
indicating the Project
submission pursuant to Senate
Bill 35 (CA Gov’t Code
65913.4) and is requesting
density bonus pursuant to CA
State Density Bonus Law (CA
Gov’t Code 65915)
5 C. A consistency table that
identifies all the applicable
local development standards
and describes how the project
complies with these standards.

Consistent. A consistency
table/matrix was submitted by
the Project Applicant and has
been independently verified by
City Planning staff.

D. For sites in nonresidential
zones, as well as sites
identified by the Burbank Fire
Department (the Fire Marshal)
as having a history of
hazardous materials use or
storage, the applicant shall
conduct a Phase I
Environmental Assessment (as
defined in California Health
and Safety Code
Section 25319.1
) and submit a
Phase I Environmental Site
Assessment (ESA) report in
compliance with industry
standards established by the
American Society for Testing
and Materials, as well as any
further studies recommended
in the Phase I report.

Furthermore:

1. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment (as defined in California Health and Safety Code Section
25319.5), prepared by an environmental
assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

2. If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

3. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist on the site, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

4. The applicant shall be responsible for any cost related to third party review of a Phase I ESA report and any subsequent environmental documents submitted in compliance with this Section.

Consistent. The Project
Applicant has submitted the
required Phase I,
Environmental Assessment.

The Phase I was prepared by a
3 rd Party consultant and the
Findings note that there is no
history of hazardous materials
use or storage at the Project site
and no further studies are
required.
10-1-624: PROPERTY

DEVELOPMENT

STANDARDS

A. STANDARDS TABLE.

All multifamily dwelling
structures in the nonresidential
zones shall be designed,

See Table 10-1-624(A) in Burbank Municipal Code

Not Consistent. See analysis
below.
6 constructed, and established in
compliance with the
requirements in Table 10-1-
624(A) and all other
applicable provisions of this
Division and this Code, unless
otherwise preempted by State
law. Where the last column in
the table includes a Section
number, the referenced
Section includes additional
requirements related to the
development standard. In the
case of a discrepancy between
the table or elsewhere in this
Division, the requirements
specified elsewhere in this
Division supersede the
conflicting standards.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Project Development Plans
(dated 11/7/24) and has been
required to comply with
applicable standards as part of
the Project’s Conditions of
Approval that such noted
standard will be met as part of
the plan check submittal.

B. Floor Area Ratio
All multifamily residential-only housing development projects (regardless of zoning designation) are not subject to maximum Floor Area Ratio (FAR) calculations. If there are two or more structures on the lot, at least one residential and one nonresidential, the entire property is subject to the Mixed-Use standards in Article 9, Division 4.

Consistent. Project is a
Multifamily residential-only
housing development project
and is not subject to FAR
calculations.

C. Lot Coverage

1. Lot coverage is calculated using the footprint of all covered structures with a height of six (6) feet, eight inches or more feet on the property except as exempted below, as measured from the exterior walls or the outside edge of supporting posts.

2. Cantilevered upper stories and balconies of up to five (5) feet are not included in the calculation of lot coverage. If the cantilevered portion is greater than five (5) feet or if the overhanging portion is supported from the ground, the entire cantilevered portion shall be included in the calculation of lot coverage.

Consistent. Project meets the
standard. The Project’s lot
coverage is 45 % and per BMC
Section 10-1-624(A), the
maximum lot coverage allowed
is 80%.
7 3. The following structures are not included in the calculation of lot coverage:

a. Non-enclosed porches, patios, porte -cocheres, and similar non - enclosed covered spaces and structures. A space is considered non - enclosed if it is completely open on at least two (2) sides from the ground or floor level to a height of six (6) feet, eight inches above the ground or floor level.

b. Fully subterranean parking garages where the top of the roof deck is located at or below the average grade.

1. The maximum height of a building or structure shall be determined by its

Consistent. The Project is
approximately 75 feet from the
closest R-1-H lot line across
Mariposa Street. Therefore the
maximum height permitted
pursuant to BMC 10-1-624(D)
is 40 feet. The proposed
maximum height for the project
is 63.7 feet and is permitted
pursuant to the Project
Applicant’s request of a waiver
from the height requirements in
BMC Section 10-1-624,
Subsection D (Height) items 1
through 10), pursuant to State
Density Bonus Law (CA Govt.

Code Section 65915).
distance from the closest lot line of any property zoned for residential uses as follows, unless otherwise preempted by State law:

Distance from Distance From Maximum
Single Family Multiple- Height
D. Height Residential
Zoned Lot
Family
Residential

Zoned Lot
0-149 feet 40 feet. A
request for
greater
maximum
height may be
reviewed
through the
Conditional
8 Use Permit
process.
150 – 299 feet 0-299 feet
60 feet. A
request for
greater
maximum
height may be
reviewed
through the
Conditional
Use Permit
process.
300 feet or 300 feet or 80 feet. A
greater greater request for
greater
maximum
height may be
reviewed
through the
Conditional
Use Permit
process.

2. Roof and architectural features, including, but not limited to ornamental towers, spires, steeples, belfries and cupolas and roof appurtenances such as rooftop equipment, skylights, fire and parapet walls, chimneys, ventilating fans, antennas, tanks, flagpoles, penthouses or roof structures for housing elevator lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it, may exceed the maximum height, up to 15 additional feet, if a 45-degree angle as depicted in 9 Diagram No. 1 is maintained. This 45-degree angle shall be drawn inwards from the intersection of setback required in Table A of Section 10-1-624 and maximum height allowed.

3. A height buffer is required from any single-family zoned lot. When adjacent or adjoining a single-family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 20 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining single-family zoned lot, unless otherwise preempted by State law…Encroachments into the height buffer area are allowed for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.

4. A height buffer is required from any multiple-family zoned lot. When adjacent or adjoining a multiple-family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 35 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining multiple family zoned lot, unless otherwise preempted by State law. Encroachments into the height buffer area are allowed for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.

5. A Conditional Use Permit is required for building or structure height greater than the maximum heights allowed in Subsections D(1) and D(2).

6. Height is measured from the average grade of the lot. Grade is determined as defined in Section 10-1-203. The building or structure height is the vertical distance measured from Grade to the ceiling of the highest room permitted for human occupancy.

7. On lots that extend across multiple height zones listed in Subsection D(1), the portion of a structure within the distance requirement (e.g. less than 150 feet) shall meet the height requirement for that section (e.g. 40 feet). Should a structure extend beyond one (1) or more of the distance requirements, the portions of that

10 structure within each distance requirement shall meet each applicable height requirement separately.

8. Except when used as enclosure of rooftop open space areas, parapets may not exceed six (6) feet in height above the intersection of the roof surface and the wall.

9. The ground floor of all buildings shall have a minimum height of 13 feet, as measured from the sidewalk elevation to the second story floor or roof if it is part of a one-story building.

10. Fully subterranean garages and fully subterranean basement floors are not counted towards the building height. For the purpose of this subsection, fully subterranean means below the average grade. Above-grade garages as defined in Section 10-1-624
(J) shall be counted towards building height.

E. YARD SETBACKS
AND ENCROACHMENTS.

1. The minimum required setbacks for all yards are specified in Table 10-1- 624(A).

2. Structures, except above-grade, semi-subterranean, and fully subterranean parking structures, on lots with less than 75 feet of lot frontage, have no required front or street side yard setbacks on those lot frontages of 75 feet or less.

3. The required setback from the front or street-facing lot line for above-grade, semi-subterranean, and fully subterranean parking structures shall be at least five (5) feet or 20 percent of building height, whichever is greater, but no greater than ten (10) feet. In no event shall the setback be less than three (3) feet. This setback requirement may be averaged. For example, a parking structure with a height of 25 feet that is 50 feet wide, would have a minimum setback of 5 feet. This setback can be averaged by providing 3 feet for 50% and 7 feet for the remaining 50% of the structure length.

a. Any portion of street-facing parking garage visible above grade shall constitute no more than 50% of each street-facing elevation of the primary structure. The remaining portion of the garage shall be set back a minimum of 15 feet from the property line. The area between Not Consistent.

The Applicant is proposing a
maximum height of 63.7 feet,
therefore the minimum front
setback requirement is 12’9”.

The Project meets the setback
requirement. See calculations
below. The Project meets the 5
foot minimum requirement in
the side and rear yards.

1st floor avg front setback:
(39.86’) + (34.23’) + (38.19’) +
(8.19’) + (2.7’) + (7.08’) +
(38.79’) + (47.15’) / 8 = 26.5’

2nd, 3rd, and 4th floor avg front
setback: (39.88’) + (34.25’) +
(33.56’) + (8.19’) + (9’) +
(38.77’) + (47.19’) / 7 = 30.12’
11 this portion and the property line may be utilized for other enclosed or open space as allowed by this Division.

b. When abutting or adjacent to single-family zoned lots, above- grade parking structures shall be set back 20 feet from the residential property line. When abutting or adjacent to multiple family zoned lots, above-grade parking structures shall be set back ten (10) feet from the residential property line. Public rights-of-way may be used in this calculation. For setbacks for surface parking lots, see Article 14, Division 4 of this Chapter.

4. Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in Table 10- 1-624(E). Encroachment distances are measured from the minimum required setback line inclusive of any applicable required buffers and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

5. Bicycle parking is allowed within required yards specified in Table 10-1- 624(A), provided that it is in conformance with all provisions of the Burbank Municipal Code and any other applicable objective design and development standards issued by the City.

6. No structures or objects may be constructed or placed in required yard areas except as expressly permitted by this Section or as specifically included in the definition of Landscaping in Burbank Municipal Code Section 10-1-203.

7. The following requirements apply to all required front yards and street-facing side yards:

a. A minimum of 50 percent of front and exposed side yards shall be landscaped.

b. Hardscape is limited to a driveway leading directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible, pedestrian pathways, and

5th floor avg front setback:
(43.38’) + (39.54’) + (37.88’) +
(95.98’) + (90.60) = 61.48’

(E)(4) of this standard permits
encroachments into required
setback areas by various
structural components such as
balconies. The Project proposes
balconies on units 202, 302, and
402 that encroach into the
permitted setback area in
violation of BMC 10-1-624(E).

The Project requests an
incentive for balcony
encroachment into the front
yard as part of their allowance
under CA Density Bonus Law
(CA Govt. Code Section 65915).

This incentive will allow the
balconies to encroach into the
front yard setback and are
proposed to be 1’6” from the
front property line.

8 inverted U racks are provided
within the semi-subterranean
garage for a total of 16 bicycle
parking spaces. No bike
parking is proposed in any
required yards.

(E)(7)(a) of this standard
requires 50% of all front and
exposed side yards to be
landscaped. The front setback
area for this Project, as
12 encroachments specifically permitted in Table 10-1-624(E). For the purposes of this Subsection, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious surfaces.

c. 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.

d. To qualify as landscaped area, all areas not occupied by trees or drought-tolerant shrubs shall be planted with drought-tolerant ground cover with a minimum soil depth of 12 inches. All planters shall 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 four (4) foot planter depth shall be required and the planter shall 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 shall have a minimum length and width of five (5) feet.

h. No vehicle may be parked at grade in a required front yard or street-facing side yard.
calculated by Staff, is 1,837
square feet. Of this total,
approximately 521.01 square
feet (28%) is landscaped.

(E)(7)(e) of this standard
requires a minimum of one (1)
tree to be planted for every 40
linear feet of street frontage or
fraction thereof. The Project
proposed a 144’ long street
frontage that would require a
minimum of 3 trees to meet this
standard. Sheet L-1 indicates
two trees within the setback
area.

See Plan Sheet #23 and Project
Condition of Approval #37

The Project complies with the
remaining subsections.
13 8. Reversed corner lots. The following requirements apply to any reversed corner lot that abuts a key lot when the key lot is located in any residential zone:

a. The minimum required street-facing side yard setback for the rear 30 feet of the reversed corner lot is equal to the minimum required front yard setback of the key lot.

b. Encroachments into the street-facing side yard setback for the rear 30 feet of the reversed corner lot are equal to the encroachments permitted into the front yard of the key lot.

F. Buffer Area

1. Notwithstanding the setback encroachments specified in Table 10-1-624(E), a 20-foot buffer area shall be provided in any side or rear yard that abuts or is adjacent to a single family zoned property and a 10-foot buffer shall be provided in any side or rear yard that abuts or is adjacent to a multiple family zoned property. The buffer area is measured from the property line of the single-family or multiple-family zoned property perpendicular to such property line, and includes public streets and alleys.

a. The buffer distance establishes the minimum setback line for the yard or yards in which it is provided, unless the buffer setback line is closer to the multifamily property line than the otherwise required minimum setback. Except as provided in this Subsection, no encroachments by structures or objects are permitted into the buffer area beyond the allowable encroachments listed in Table 10-1-624(E) or as listed in Subsection 10-1-624
(F)(2) below.

b. The additional setback resulting from the buffer area required for this section shall not apply to the 15-foot additional height allowed for roof and architectural features and appurtenances within a 45-degree incline plane established in Subsection D. The setback plane for those

Not Applicable. This standard
refers to side and rear yards
only. The Project’s side and
rear yards do not abut/ are not
adjacent to any single-family
zoned property or multiple
family zoned property.
14 rooftop features is established by required setback in Subsection D(2) through D(4).

c. When the subject property abuts or is adjacent to a single-family or multiple-family zoned lot, a five (5) foot strip of the open space which lies adjacent to the residentially zoned lot shall be landscaped.

This landscaping is intended to provide screening between the different zones.

2. The Buffer area may contain the following uses:

a. Where the buffer area abuts a public alley, the buffer area may be utilized as a driveway to provide vehicle access from the alley to an on-site garage or parking area using the shortest and most direct route feasible.

b. The buffer area may contain pedestrian pathways.

c. The buffer area may contain outdoor common area and outdoor amenities, and hardscaping associated with the provision of amenities in an open space area, located up to within 10 feet of the shared property line. For the purposes of this Subsection, hardscaping means cement concrete, asphalt, bricks, pavers, and similar impermeable surfaces.

d. The buffer area may contain ground-level private open space areas so long as such areas are enclosed with an opaque enclosure as required by this Chapter.

e. The buffer area may contain uncovered parking spaces up to within 10 feet of the shared property line with a residential zone.

f. The buffer area may contain portions of driveway for the purpose of accessing required onsite parking so long as any required landscaped open space is provided.

15 g. The buffer area may contain bicycle parking facilities subject to this Code and any other applicable City-issued objective design and development standards.

3. With the exception of the allowable uses listed in 10-1-624(F)(2) above, the remaining portion of the buffer area located on the subject property shall be landscaped as provided in Section 10-1-624(N).

G. Plane Breaks and
Modulation

1. The following plane breaks shall be required for all street-facing elevations:

a. A plane break shall be provided along each street-facing facade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the facade width or 20 feet, whichever is greater. The break depth shall be at least 5 feet for each elevation of each story under 40 feet in height and shall be open to the sky. Break dimensions are measured perpendicular to the plane of the wall.

b. At least 15% of the area of the first 40 feet of building height visible to the street, including features such as recessed balconies or building forms, shall be recessed by a minimum of 5 feet.

2. For buildings above 40'-0'' in height, any portion of primary wall above 40'-0'' facing the street shall be recessed by an additional 5 feet from the required setback. Encroachments into this 5-foot offset are allowed as specified in Table 10-1-624(E).

3. Plane breaks shall be provided on each structure on the lot.

4. Balconies, entries, and porches or portions thereof that are recessed into the building facade may be utilized to satisfy the plane break requirements. Balconies, entries, and porches or portions thereof that project from the building facade may not be utilized to satisfy the break requirements.

Not Consistent.

(G)(1)(a) requires each eligible
plane break to be at least 10%
of the façade width or 20 feet,
whichever is greater. Floors 1-4
propose multiple plane breaks
(4) along the front facade that
are 16% of the façade width or
below. There are multiple
sections along each floor of the
façade that do not meet the
minimum break depth. This
standard is not met. See staff
calculations on Sheet 10 of
submittal.

Pursuant to CA Govt. Code
Section 65915, the Project
Applicant has requested an
incentive for relief from this
requirement. Staff approves
the request (discussion of
incentive request included in
the staff report)

See Plan Sheet(s) #20-#21.
16 H. Fences, Walls, Hedges and
Other Yard Features

1. Fences, walls, and hedges.

a. Fences, walls, and hedges may not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, barbed wire, electric wire, or any other similar wire type that may pose serious risk of injury. Chain link fences are prohibited.

b. The maximum allowed height of fences, walls, and hedges is as specified in Table 10-1-624(A).

c. The height of a fence or wall is measured from the highest abutting finished ground surface of the property upon which the fence, wall, or hedge is located. On sloped surfaces, portions of a fence, wall, or hedge may exceed the maximum height for the purpose of providing a stair-step design, but each stair-step section, as measured from the horizontal midpoint, may not exceed the maximum height.

d. Ornamentation on top of fences, walls, and hedges in the front yard may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge or up to a maximum height of five (5) feet, six (6) inches. All ornamentation features shall be spaced a minimum of four (4) feet apart, as measured on center. In all other yards, ornamentation may not exceed the maximum allowed height for fences, walls, and hedges.

e. All fences, walls, and hedges shall comply with the corner cutoff provisions of Section 10-1-1303.

f. Gates are subject to the same requirements as fences and walls.

g. Guardrails and handrails may exceed the maximum wall and fence height up to the extent required by the Building Code. The guardrail shall be a fully transparent material or 50% open design.

Not Consistent.

The Project is proposing one 3-
foot-tall CMU wall along the
front property line, two 5-foot-
tall metal gates, an 8-foot-tall
sight wall along the driveway,
and a 7-foot-tall CMU wall
within the front yard setback
area. The 7-foot-tall wall
(highlighted in red on Sheet L-
3) and the 8-foot-tall sight wall
(highlighted in green on Sheet
26) exceed the maximum
permitted for solid walls (4
feet).

Sheet 26 depicts an item that is
highlighted in dark orange but
is not identified in the legend.

Staff cannot determine what the
item is nor its dimensions.

Please update plans in
conformance with BMC Section
10-1-624(H)(1)(b)

A decorative gate/fence is
shown in front of the proposed
driveway area on Sheet 16 of
the plans however, Sheet L-3
titled “Schematic Walls &
Fence Plan” does not reference
this gate nor its dimensions.

Staff is unable to confirm if the
decorative gate/fence is
proposed or if it meets this
17 h. Enforcement of nonconforming fences, walls, and hedges established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

2. Other yard features.

a. Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and a maximum interior length of three (3) feet as measured from the highest abutting finished ground surface. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.

3. Retaining walls.

a. Retaining walls located within front yard areas are limited to a maximum height of four (4) feet per wall.

b. Additional retaining walls shall be setback a distance equivalent to the height of the retaining wall below as measured from the face of the retaining wall below.

c. Fences or walls that are placed on top of a retaining wall within a front yard are limited to a maximum height of four (4) feet from the abutting finished ground surface and require an additional two (2)-foot setback from the face of the retaining wall below.

d. Enforcement of nonconforming retaining walls established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202
.

4. Exceptions. Exceptions from the requirements of this Subsection (H) (including the applicable requirements of Section 10-1-1303 referenced herein) may be granted by the Building Official when required by the Building Code for health or safety purposes or when required by State Law. standard. Please update plans
so that staff can in conformance
with BMC Section 10-1-
624(H)(1)(b).

The project proposes a 4-
foot-high wall finished with
stone veneer along segments
of the front property line and
within the front setback
area. Furthermore, 8-foot-
high walls of the same
material are proposed
outside of the front setback
area in front of the resident
entryway and garage
entryway. Lastly, 7-foot-
high wall (same material) is
proposed around the
perimeter of the property
but outside of the front yard
setback area.

See Plan Sheet L-3.

There are no retaining walls
proposed with this application.
18 I. Parking Areas and
Driveways

1. All parking spaces provided in a multiple family dwelling project shall be full-size spaces no less than eight (8) feet, six (6) inches wide and no less than 18 feet deep. Parking spaces adjacent to walls and columns, and at the end of the access aisle are subject to any additional dimension requirements in the Burbank Municipal Code and any applicable City Standard Plans.

2. When individual garages or carports are used to provide parking for individual units, a clear space no less than nine (9) feet, six (6) inches wide and 19 feet deep shall be provided inside the individual garage or carport for each parking space.

3. All parking spaces shall be clear of any encroachments including but not limited to structural features, shelves, cabinets, appliances, and equipment.

4. Tandem parking spaces may be used only as designated parking for units providing more than one (1) parking space. Tandem Spaces shall be no less than eight (8) feet, six (6) inches wide and no less than 36 feet deep.

5. Unrestricted access shall be provided to all guest spaces when such spaces are provided. Such spaces may not be located within a gated or secured area or otherwise have their access restricted.

6. All parking spaces located within the rear half of the lot may be in a garage or carport, covered, or uncovered; all other parking spaces shall be in an attached, detached, or subterranean enclosed parking garage.

7. All parking spaces, driveways, backup areas, and access aisles shall be designed and constructed in compliance with Article 14 of this Chapter and any applicable City Standard Plans.

8. Onsite Driveways shall be improved with cement concrete, asphalt, brick, pavers, or a permanent surface approved by the Director.

9. Onsite driveways shall be no less than 10 feet wide and shall remain clear and unobstructed by any structural elements or vegetation. Driveways located at the

Consistent. The Project
proposes 45 parking spaces and
all parking spaces meet the
minimum required dimension.

The Project meets subsection 4
by providing 4 tandem parking
spaces (8 total spaces) for 4
units and 37 parking spaces for
the remaining 36 units.

The proposed driveway is
approximately 20 feet in width.

The proposed design of the
parking spaces, driveways,
backup areas, and access aisles
meet comply with BMC Title 10
Chapter 1 Article 14 as
discussed further in the matrix.

The Project proposes one curb
cut and complies with BMC
Section 10-1-642(I)(11)
19 street-facing elevation of a structure shall not exceed 18 feet in width and all other driveways shall not exceed 20 feet width. For projects with less than 200 feet of street frontage, a maximum of 1 two-lane driveway shall be permitted for each street frontage. For sites with more than 200 feet of street frontage, a maximum of 2 two-lane driveways shall be permitted for each street frontage.

10. When a turning movement is required to back out of a parking space, including but not limited to a curved driveway or access from an alley, a minimum backup turning radius of 24 feet shall be provided for all parking spaces as measured from the exterior wall of the garage or carport.

11. No more than one (1) curb cut may be provided on each street frontage for each 100 feet of lot frontage on that street, except that lots with less than 100 feet of frontage may provide one (1) curb cut. Curb cuts shall be separated by at least 20 feet of uncut curb.

12. Unbundled Parking:

a. For any building with new residential units, automobile parking spaces shall be leased or sold separately from the rental or purchase fees, such that renters or buyers have the option of renting or buying the unit at a lower price than if the parking was included.

b. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month-to-month basis. New occupants shall have the opportunity to lease or purchase parking built for their unit.

J. Parking Garages

1. Parking garage shall be understood to be the same as a parking structure for the purpose of this Division.

2. To be considered a semi-subterranean garage, the top deck of a parking garage shall be no higher than five (5) feet above the natural abutting ground

Consistent. The parking garage
is not visible from the front
yard.
20 surface at any point as measured at a five (5)-foot horizontal distance out from the exterior wall surface.

3. Parking garages that exceed the height requirement for a semi-subterranean garage as described above are considered above-grade garages.

4. Portions of above-grade garages and semi-subterranean parking garages that extend above the ground surface on a front or street-facing side yard elevation shall be completely screened by a permanently irrigated landscaped berm or climbing vine wall or a decorated perforated metal screen. Any such feature is subject to the height limitations set forth in Table 10-1-624(A).

5. All garage openings on a front or street-facing side yard elevation shall provide access to a common parking area for multiple units or shall provide access to a common driveway that serves individual parking garages. Such openings may not serve a separate parking garage for an individual unit.

6. All vehicle gates to a parking garage on a street-facing elevation and parallel to the street shall be located at least 18'-0'' from the property line to allow for single-vehicle queuing.

7. Garage doors shall not, when open or being opened, project beyond any lot line.

8. All subterranean, semi-subterranean, and above-ground garage openings may not exceed 20 feet in width, unless otherwise required by the Fire Department. On street-facing elevation of a structure, garage openings shall not exceed 18 feet in width, unless otherwise required by the Fire Department. All garage openings on a front or street-facing side yard elevation shall be separated by at least 20 feet.

9. Setback requirements for all types of parking garages are contained in Section 10-1-624(E)(3).

21 K. Private Open Space

1. Private open space areas shall be located outside the interior living space of a structure.

2. Private open space areas shall satisfy the minimum dimensions specified in Table 10-1-624(A).

3. Each individual private open space area shall be enclosed by an enclosure at least 42 inches tall. Such enclosure shall be opaque if located above the ground level and located on the building elevation directly facing a residentially zoned property.

4. Private open space shall abut the unit that it serves and allow for direct access from the unit without having to enter a common area.

5. Private open space areas shall have a slope no greater than five percent but may be located on multiple levels.

6. If located on multiple levels, each level of private open space shall individually satisfy the minimum dimensions required by Table 10-1-624(A).

7. Front and street-facing side yards may be utilized for private open space.

Balconies used for private open space may encroach as permitted in Table 10-1- 624(E). Interior side and rear yards may be utilized for private open space so long as the open space is provided at grade and minimum dimensions are satisfied.

8. Rooftop areas, including the top of above-grade garages, may be utilized to satisfy required private open space requirements. Such areas shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. When a rooftop area is utilized for open space, such open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on each elevation, or as required by the height buffer established by this Section.

Not Consistent.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Development Plans (dated
11/7/24) and has been required
to comply with applicable
standards as part of the
Project’s Condition of Approval
that such noted standard will be
met as part of the plan check
submittal.

Table 10-1-624(A) of the BMC
indicates that private open
space areas shall have a
minimum of 70 square feet per
unit. Unit 109 is proposing a
private open space area of 67.5
square feet. All units meet this
requirement.

(K)(9) states that the sum of all
roof decks on a single building
shall not exceed a maximum of
50 percent of the roof area.

Staff calculated the total area of
the roof to be approximately
13,182.82 square feet and the
total area of roof decks to be
7,031.2 square feet. Staff
concludes that the sum of all
roof decks on the building is
approximately 53% and
exceeds the maximum
requirement.
22 Plan Sheet 25 provides a
calculation of the roof deck
area at 13,690.9 square feet.

The project proposes a roof
deck area of 5,966.2 square feet
or 43.5% of the total roof area.

23 9. The sum of all roof decks on a single building shall not exceed a maximum coverage of 50 percent of the roof area.

10. Private open space areas shall be dedicated areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features.

Hardscaping is limited to pedestrian pathways and recreation areas.

11. Private open space areas may not contain stairways or ramps except as necessary to provide access to the open space area or among different levels of the open space area.

12. When provided on the ground level, private open space areas shall be landscaped as provided in Section 10-1-624(N).

(K)(12) states that a minimum
10% of ground level private
open space areas shall be
landscaped. The plan submittal
indicates the required
landscaping on any of the
ground floor private open space
areas. Plan Sheet #23 indicates
each ground level private open
space area exceeds the minimum
requirement. Additionally, a
note is placed on the plans
indicating compliance with this
section.

L. Common Areas and
Amenities

1. The following requirements apply to all amenities and common areas:

a. At-grade interior side and rear yard areas, inclusive of required buffer areas, may be utilized for common area requirements so long as all minimum dimensions are satisfied.

b. All portions of all common areas shall be accessible to all tenants and useable for recreational purposes.

c. Rooftop amenities, including amenities located at the top of above-grade garages, may be utilized to satisfy common area requirements. Rooftop amenity areas shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. Rooftop open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on each elevation, or as required by the height buffer established by this Section.

Not Consistent.

Minimum common area per
unit is 100 square feet. The
Project proposes 40 units,
therefore a minimum of 4,000
square feet is required. The
Project proposes 16,358 square
feet of common open space.
24 Rooftop open space shall be
screened by an opaque parapet
wall at least six (6) feet tall on
the side facing a lot zoned for
residential use or a lot with
existing residential
development. Such parapet
shall be set back at least five (5)
feet from the exterior face of
the building on each elevation,
or as required by the height
25 c. All amenities shall be permanently installed as part of the project, unless otherwise approved by the Director.

d. Outdoor common areas shall be at least 80 percent open to the sky with no overhanging structural elements, including balconies or canopies. Any portions of common areas located on the roof shall be at least 50% open to sky.

e. Within outdoor common areas, all hardscape shall be brick, tile, or another permanent decorative material.

f. Outdoor common areas shall be dedicated areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features. Hardscaping is limited to pedestrian pathways and recreation areas.

2. On-site amenities shall be provided as follows. Any of the amenity items listed below may be substituted with a comparable amenity subject to approval by the Director.

a. For projects with 20 or fewer units, two (2) different items from the following: gazebo, spa, cooking/eating area with built-in barbeque, fountain, reflection pool, water garden, or permanently affixed outdoor seating.

b. For projects with 21 to 99 units, two (2) different items from Subsection (a) and one (1) additional item from the following:
children’s indoor or outdoor play area or sandlot, dog park, lap pool, handball court, volleyball area, basketball court, activity room, sauna, or putting green.

c. For projects with 100 or more units, two (2) different items from Subsection (a), one (1) item from Subsection (b), and one (1) additional item from the following: in-ground or above-ground swimming pool including rooftop pools, tennis court, permanently buffer established by this
Section. Sheet 16 contains the
only viewpoints that allow staff
to measure the height of the
parapet wall from the provided
5th floor elevation. The
measured height is under 5 feet.

Staff is unable to determine
compliance with this section
from any other sheet
provided. Plan Sheet #25
shows a 6-foot-high opaque
wall along the side of the
building facing the R-1-H
zoned lots. Additionally, a 9-
foot-high opaque wall is
labeled.

(L)(2)(b) contains standards
related to on-site amenities.

The Project proposes a pool,
cooking/eating area and an
entertainment room.
26 equipped gym or exercise room with a minimum area of 300 square feet, personal dog grooming area with a minimum area of 200 square feet, a library with a minimum area of 500 square feet, a conference room with a minimum area of 400 square feet, or a community room with a kitchenette with a minimum area of 400 square feet, indoor or outdoor edible garden or greenhouse with a minimum area of 500 square feet.

M. Pedestrian Circulation

1. Pedestrian circulation paths shall be provided to connect the following on-site and off-site locations and features:

a. Common building/project entries and individual unit entries

b. Parking garages and surface parking areas

c. Bicycle parking areas

d. Common areas including play areas, recreation areas, and sitting areas

e. Trash collection areas

f. Public sidewalks

g. Transit stops

2. Pedestrian paths shall have a minimum width of 60 inches and shall be improved with a decorative paved surface, brick, pavers, or similar material approved by the Director.

3. If a pedestrian path is included on one (1) or more sides of a vehicle driveway, access aisle, or parking area, such path shall be differentiated from the vehicle circulation area by a change in color, material, and/or texture.

Consistent. The Project
proposes a 5’ (60 inch) wide
pedestrian path that extends
from the public sidewalk at the
front of the property along the
site’s southern boundary to the
common open space areas
located at the rear and interior
of the lot. The material for the
pedestrian pathway is proposed
to be natural colored concrete
with light top-cast finish and
saw-cut joints
27 N. Landscaping
Landscaping shall be provided for every lot, yard, open space area, and parking area as provided in this Subsection. For the purposes of this Subsection, “landscape area” means an area covered with soil and planted with trees, shrubs, turf/lawn, or other vegetation, including permanent planters.

1. A minimum percentage of the area of each lot shall be landscape area as specified in Table 10-1-624(A). All landscape area, including landscaping within common areas, but excluding required landscaping within required front and street-facing setbacks, may be used to satisfy this requirement.

2. When abutting or adjacent to a single-family zoned property, a minimum of 10% of each required rear and interior side yard area shall be landscape area.

3. All landscape areas shall provide minimum soil depths as follows:

a. 12 inches for areas planted with drought-tolerant ground cover

b. 18 inches for planters and areas planted with drought-tolerant shrubs and similar vegetation

c. 4 feet for planters or areas planted with trees

4. Each planter and landscape area shall have no dimension or diameter less than three (3) feet.

5. All required common areas located outdoors shall be landscaped as follows:

a. Outdoor common areas shall have a minimum of 10% of area covered by landscaping. If common areas are provided in more than one (1) area, each individual area shall provide the minimum percentage of landscape area.

b. All landscape areas within outdoor common areas shall be accessible by pedestrians.

Not Consistent.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Development Plans (dated
11/7/24) and has been
required to comply with
applicable standards as part
of the Project’s Condition of
Approval that such noted
standard will be med as part
of the plan check submittal.

The Project exceeds the 10%
minimum requirement for
landscaped area outside of the
front and street facing setback
areas.

Sheet L-4 does not provide
information on minimum soil
depth as stated in subsection
(N)(3) Project Plans indicate
on General Note #14 on Plan
Sheet #2 indicating that the
Project will comply with
minimum soil depth
requirements.

(N)(6) states that a minimum
10% of ground level private
open space areas shall be
landscaped. The plan submittal
28 does not indicate the required
landscaping on any of the
ground floor private open space
areas. Project meets the
minimum private landscape
requirement (Plan Sheet #23).

(N)(7) is not applicable to this
Project.

(N)(8) – A total of six planters
are shown on the site plan,
however the plans do not
indicate drainage from the
planters.

A note has been added on
Plan Sheet #23 indicating that
the Project will comply with
BMC Section 10-1-624(E)(7)
during the plan check
process.
29 c. Trees shall be provided in outdoor common areas at a rate of one (1) tree per 600 square feet of open space area, subject to rounding up to the nearest whole number. If outdoor common area is provided in more than one (1) area, the number of required trees shall be calculated using the collective total of outdoor common area. The required number of trees may be distributed among the outdoor common areas at the discretion of the applicant with Director approval.

d. At least one half (1/2) of the required trees shall be at least 36- inch box size. All other trees shall be at least 24-inch box size.

6. All required private open space areas shall be landscaped if located on the ground level. At least 10% shall be landscaped.

7. All buffer areas required by Section 10-1-624(F) shall be landscaped as follows:

a. All non-hardscaped areas within the buffer area shall be landscaped.

b. At least one 36-inch box tree shall be provided every 15 linear feet along any lot line that abuts or is adjacent to a single-family zoned property.

c. If the buffer area is used to satisfy an outdoor common area requirement, the landscaping and trees may also be counted toward satisfying the outdoor common area landscaping and tree requirements.

8. All planters shall be constructed of permanent masonry or concrete construction. All planters shall provide drainage directly into a drainage system.

9. All landscape areas shall include a permanent fully automatic irrigation system. Irrigation systems shall utilize water conservation design concepts including but not limited to low-flow sprinkler heads and bubblers, drip systems,

30 zone separation, microclimate considerations, and moisture sensors. Irrigation systems may operate only between the hours of 9 p.m. and 6 a.m. A separate meter and service shall be installed for irrigation purposes only. When recycled water becomes available in the area directly adjoining the site, use of recycled water will be required for all irrigation needs. Pending recycled water availability, a backflow device will be required to protect the potable water system.

10. Landscaping plans demonstrating compliance with the landscaping requirements shall be prepared by a registered landscape architect. Final species selection and placement of all trees and vegetation shall be approved by the Director.

O. Building Orientation and
Design

1. All structures shall be oriented to the street by providing entries, windows, architectural features, and/or balconies on front and street-facing side yard elevations.

2. Along any street-facing elevations, windowless expanses of walls shall not exceed 20 feet in linear length for each habitable story of the structure.

3. The area of blank building wall fronting a public street may not exceed a square area where the height and width are both 10 feet.

4. A break in a blank building wall shall be provided by any of the following:

a. Doors, windows, or other building openings.

b. Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest.

c. Varying wall planes where the wall plane projects or is recessed at least six inches.

d. A permanently attached trellis or functionally similar architectural feature for landscaping.

Not Consistent.

(O)(1) – The Project’s west
elevation depicts entries,
windows, architectural features,
and balconies.

(O)(2) - The west elevation
shown on Sheet 16 of the plan
submittal does not depict the
full frontage of the lot. Staff
cannot determine compliance
with this standard.
31 (O)(3)- See above comment.

(O)(4) – The front façade
provides numerous plane
breaks in the form of doors,
windows, balconies, and a
recessed main entryway.

(O)(6) and (7) – The Project
does not propose any shade
32 e. A mural or public art attached to the building wall, if approved to fulfill Art in Public Places requirements pursuant to Section 10-1- 1114.

5. The following do not qualify as a break in blank wall:

a. Variation in exterior building wall color.

b. Stand-alone planted vegetation or landscaping not attached to a building wall.

c. Commercial, residential or directional signs.

d. Mechanical appurtenances such as water heaters, vents, or utility meters.

6. Shade Structures.

a. Shade structures may project up to two-thirds of the sidewalk width, when approved through an encroachment permit.

b. Shade structures shall allow a minimum of 10 feet of vertical clearance from sidewalk elevation.

c. Shade structures shall not encroach into the Tree Protection Zone (See Section 7-4-101) of any public tree.

7. Arcades.

a. Arcades shall be located behind the minimum setback.

b. Arcades shall be a minimum of 8 feet from back of column to building facade.
structures or arcades in the
front yard area.

Plan Sheet #30 has been
added to provide further
clarity regarding BMC
Section 10-1-624(O)(2).
33 c. The distance between columns shall be equal to or greater than the arcade depth dimension, as measured from the column center.

d. The facade within the arcade shall meet the ground floor transparency requirements referenced in subsection Q.

e. Uses allowed within arcades include: pedestrian travel, seating/street furniture, outdoor dining, landscape planters, and/or bicycle parking.

P. Materials and Colors

1. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) colors shall be used on the primary structure.

2. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) materials shall be used on the primary structure.

3. Excluding windows and doors, inclusive of window and door trim materials, no material or color shall compose more than 75 percent of street-facing building facade(s).

Not Consistent.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Development Plans (dated
11/7/24) and has been required
to comply with applicable
standards as part of the
Project’s Condition of Approval
that such noted standard will be
met as part of the plan check
submittal.

(P)(1) – The Project proposes
two main colors for the primary
structure: white and brown

(P)(2) – The plan submittal does
not include a materials sheet so
that staff can determine
compliance with this standard.

A materials board has been
added on Plan Sheet #16 of the
resubmittal. Additionally,
Project Condition of Approval
#8 has been added to ensure
34 compliance with this standard.

(P)(3) – This standard is met.

Q. Windows and Awnings

1. Windows shall be recessed by a minimum of 3 inches from the facade.

2. At least 25 percent of the ground floor area (height and width) of each street- facing facade shall be windows or entrance doors. Those buildings on lots with 75 feet or less of street frontage which are built to the street property line shall have a minimum 35 percent of the building facade on the ground floor devoted to window treatment.

3. Street-facing facades shall incorporate glass providing views into the lobby, common area, or amenity areas. The minimum transparency is as follows:

a. Ground floor: 15%
Not Consistent.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Development Plans (dated
11/7/24) and has been required
to comply with applicable
standards as part of the
Project’s Condition of Approval
that such noted standard will be
met as part of the plan check
submittal.

(Q)(1) – The site plan does not
provide this level of detail and
staff is unable to determine
compliance with this standard.

(Q)(2) – The west elevation
shown on Sheet 16 of the plan
submittal does not depict the
full frontage of the lot and staff
is unable to determine
compliance with this standard.
35 b. Overall Facade: 10%

4. Ground floor transparency is measured as the percentage of building frontage that consists of transparent openings between a height of 2 feet and 10 feet above sidewalk elevation.

5. The following requirements apply to all awnings, if used:

a. Awnings may not extend downward to cover more than 25 percent of a window face.

b. Vinyl, plastic, and ribbed metal awnings are prohibited. (Q)(3) – The site plan does not
provide this level of detail and
staff is unable to determine
compliance with this standard.

(Q)(4) - The west elevation
shown on Sheet 16 of the plan
submittal does not depict the
full frontage of the lot and staff
is unable to determine
compliance with this standard.

Plan Sheet 30 has been added to
provide further clarity regarding
BMC Section 10-1-624(Q)(1-4)
Additionally, Project Condition
of Approval #49 has been added
to ensure compliance with this
standard.

(Q)(5) – This Project does not
propose any awnings.

R. Roof Design and Massing 1. Roof mansards and parapets, when used, shall continue around all building elevations, whether or not they are visible from the street.

Consistent. The Project depicts
a parapet roof that continues
around the entire building.
36 S. Entries and Porches

1. The ground floor shall include a common lobby or entryway for the residential units to facilitate pedestrian access to the public realm.

2. All entrances shall be recessed a minimum of 30 inches from the building face.

3. No unit or project entry may open directly onto a parking area, driveway, or other vehicle circulation area. This requirement is not intended to prohibit secondary entries that provide access from a private garage that serves the individual unit.

4. Walls along the side of a stoop, patio or entry to a residential dwelling unit greater than 30" in height shall be set back a minimum of 18 inches from the sidewalk line, separated by planted area.

Consistent.

(S)(1) – The ground floor
includes a common entryway
that facilitates pedestrian access
to the public right of way.

(S)(2) – The building entrance
is recessed approximately 6.47
feet from the building face.

(S)(3) – The Project does not
propose nay units that open
into a vehicular circulation
area.

(S)(4) – The Project proposes a
4’ high wall and a 8’ high wall
along the entry area and are set
back more than 18 inches from
37 the sidewalk line. A landscaped
area is proposed in addition to a
bridal path.

T. Balconies and Stairways

1. Balconies shall be a minimum of three (3) feet deep. When used to satisfy the private open space requirement, balconies shall be a minimum of five (5) feet deep.

2. Balconies on elevations that abut or are adjacent to residentially zoned properties or properties that contain a residential use shall be enclosed by a solid opaque wall no less than five (5) feet tall.

3. Exterior stairways: enclosures or landscape barriers shall be provided wherever there is less than seven (7) feet vertical clearance below stairs.

Not Consistent.

(T)(1) – Units 209, 309, and 409
are designed with two balconies
each. Both balconies are used to
satisfy the private open space
requirement. However, the
balconies located on the
buildings northern façade
provide a 3-foot depth which
does not comply with this
standard. Plan Sheets #11-#13
show the balconies on units
#209, #309, and #409 have been
updated to meet the required
depth.

(T)(2) – Applicant provided a
note on elevation sheet to meet
this standard.

(T)(3) – The Project does not
38 propose any exterior stairs with
less than 7 feet clearance
underneath.

U. Trash Collection Areas

1. All multifamily dwelling projects shall provide a designated on-site trash and recycling collection area.

2. Projects with four (4) or more dwelling units shall provide a designated on- site trash and recycling collection area no smaller than seven (7) feet by eight (8) feet, unless an alternate size is approved by the Public Works Department. When located outside of a structure, the collection area shall be covered and enclosed on three (3) sides by a masonry wall no less than six (6) feet tall and have a solid permanent metal gate(s). Doors and gates of trash enclosures cannot swing out into any public right-of-way or required vehicle aisle or maneuvering area.

Consistent.

(U)(1) – The Project provides
an on-site trash collection and
recycling area in the proposed
garage.

(U)(2) – The Project meets the
dimension requirements of this
standard by providing a trash
and recycling area that is 11.5’
by 21.75’ feet.
39 3. Trash bins and enclosures shall not be located in any required front or street side yard area.

4. If the lot abuts an alley, the trash bin and/or trash enclosure shall be directly accessible from the alley.
(U)(3) and (4) are not
applicable to the Project.

V. Lighting

1. Lighting shall be provided in all common areas including, but not limited to:
parking garages, outdoor parking areas, common areas, pedestrian paths, stairways, and hallways.

2. Outdoor lighting fixtures shall be shielded and positioned and directed so as not to shine or cause glare onto adjacent properties or public rights-of-way.

3. Free-standing lighting fixtures shall be no taller than eight (8) feet as measured from the abutting ground surface or floor level.

Not Consistent.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Development Plans (dated
11/7/24) and has been required
to comply with applicable
standards as part of the
Project’s Condition of Approval
that such noted standard will be
met as part of the plan check
submittal.

A lighting plan was not
provided with this submittal
and staff is unable to determine
compliance with these
standards.

General Note #10 on Plan Sheet
#2 indicates the project will
comply with BMC 10-1-624(V).

Additionally, Project Condition
of Approval #42 has been
added to ensure compliance
with this standard.
40 W. Other Features

1. Venting/Exhaust: Residential Vents shall be directed to the roof. If physically impossible to be directed to the roof, vents shall be routed through the wall and screened with a decorative vent cap.

Not Consistent.

The plan submittal does not
provide this information and
staff is unable to determine
compliance with this standard.

General Note #11 on Plan Sheet
#2 indicates the project will
comply with BMC 10-1-624(W).

Additionally, Project Condition
of Approval #84 has been added
to ensure compliance with this
standard.

X. Signs

1. Sign standards for multifamily residential-only developments in nonresidential zones are subject to the R-3/R-4 sign requirements in Section 10-1- 1011.

2. One additional wall-mounted sign per building frontage may be installed, not to exceed the combined area of 2 square feet for each linear foot of that building frontage. The sign shall not extend beyond any point above the parapet height or lower than thirteen (13) feet above adjacent sidewalk.

This standard does not apply to
this Project.
41 10-1-630: ADDITIONAL

REQUIREMENTS FOR

THE RANCHO AREA

A. APPLICABILITY

1. In addition to the development standards specified in Sections 10-1- 628 and 10-1-629, the requirements of this Section apply to all projects in the Rancho Area.

2. For the purposes of this Section, the Rancho Area is defined as depicted in Diagram 10-1-630(A) and described as the area bounded by Keystone Street, Alameda Avenue, Main Street, Valencia Avenue, Victory Boulevard, City boundary, Keystone Street extended, Riverside Drive, Bob Hope Drive, City boundary, California Street, Ventura Freeway, Bob Hope Drive, Riverside Drive, and Keystone Street.

Consistent. The Project meets
the Standard as the site is
located within the designated
boundaries of the Rancho Area.

B. ARCHITECTURAL
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:

Consistent. The Project
includes elements of Spanish
Colonial architecture
reminiscent of early California
Rancho imagery. The proposed
buildings feature notable
architectural elements such as
red clay roof tiles and stucco as
the primary finish. Secondary
elements such as recessed
windows, arched windows and
plane breaks provide visual
variation across all building
facades.
42 a. Exterior woods, including rough cut timber and large section timber

b. Slump

c. Block or other adobe-like masonry

d. Clay roof tile

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

Consistent. Sheet L-4 of the
plan submittal lists the types of
trees and vegetation proposed
with this Project.

D. Rancho Review Board
All Development Review applications for projects in the Rancho Area are subject to review for compliance with the requirements of this Section by the Rancho Review Board as established in Section 10-1-2453.

Not Applicable, because the
project is ministerial pursuant
to State law (CA Govt. Code
Section 65913.4) and is exempt
43 from CEQA and the City’s
Development Review process
therefore, Rancho Review
Board is not required.

Division 5. AFFORDABLE

HOUSING INCENTIVES

10-1-633: DEFINITIONS Refer to Zoning Code for list of definition

10-1-634: PURPOSE AND
INTENT – DENSITY
BONUS
In accordance with Chapter 4.3 Section 65915 et seq. of the California Government Code, this Division is intended to provide incentives for the production of housing for very low, low income, and senior households and for the production of for-sale housing for moderate income households residing in condominium and Planned Development projects. In enacting this Division, it is also the intent of the City of Burbank to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City’s housing element.

Consistent.

The Project Applicant has
submitted an SB 35 Application
that includes a Density Bonus
request pursuant to applicable
State law.

10-1-635: CALCULATION

OF DENSITY BONUS AND

NUMBER OF

INCENTIVES AND

CONCESSIONS
Consistent.

The Project includes a Density
Bonus Application with three
incentives/ concession, and one
waiver request and proposes a
100% Density Bonus Increase
pursuant to CA Govt. Code
Sections 65915.

A. The City shall grant a
Density Bonus to a developer
of a Housing Development of
five (5) or more dwelling units
who seeks a Density Bonus in
accordance with this Division
and agrees to construct at least
one of the following

1. Ten percent of the total units of the Housing Development as Affordable Units affordable to low income households; or

2. Five percent of the total units of the Housing Development as Affordable Units affordable to very low income households; or

3. A Senior Citizen Housing Development; or

4. Ten percent of the total units of a newly constructed Condominium Project or Planned Development as Affordable Units which are affordable to moderate income households.

Consistent.

The Project proposes 15% of
the total units for very low
income households and 15% of
the total units for moderate
income households.
44 B. In determining the
number of Density Bonus
Units to be granted pursuant to
Subsection (A) of this Section,
the maximum residential
density for the site shall be
multiplied by 0.20 for
Subsections (1), (2), and (3)
and 0.05 for Subsection (4),
unless a lesser number is
selected by the developer.

When calculating the number
of permitted Density Bonus
Units, any calculations
resulting in fractional units
shall be rounded to the next
larger integer.

1. For each one percent increase above ten percent in the percentage of units affordable to low income households, the Density Bonus shall be increased by 1.5 percent up to a maximum of 35 percent.

2. For each one percent increase above five percent in the percentage of units affordable to very low income households, the Density Bonus shall be increased by 2.5 percent up to a maximum of 35 percent.

3. For each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the Density Bonus shall be increased by one percent up to a maximum of 35 percent.

When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger integer.

Consistent.

The Project proposes 15% of
the total units for very low
income households. Pursuant to
CA Gov’t Code 65915(f)(2), the
housing development is eligible
for a 50% density bonus. The
Project proposes an additional
15% of the total units for
moderate-income households
and pursuant to CA Gov’t
Code 65915(v), is eligible for an
additional 50% density bonus.

The Project is therefore eligible
for a 100% density bonus from
the base density of 20 units for
this site resulting in a total of 40
units. CA Gov’t Code 65915
supersedes this code section.

C. The Density Bonus Units
shall not be included when
determining the number of
Affordable Units required to
qualify for a Density Bonus.

When calculating the required
number of Affordable Units,
any calculations resulting in
fractional units shall be
rounded to the next larger
integer.

Consistent.

The 100% density bonus was
calculated using the 20 unit
base density that is permitted
for the 1.01 acre site.

D. The developer may
request a lesser Density Bonus
than the project is entitled to,
but no reduction will be
Not Applicable. The Project
Applicant is requesting the full
density bonus (100%) pursuant
45 permitted in the number of
required Affordable Units
pursuant to Subsection (A)
above. Regardless of the
number of Affordable Units,
no Housing Development may
be entitled to a Density Bonus
of more than 35 percent.
to CA Gov’t Code 65915 which
supersedes this standard.

E. Subject to the findings
included in Section 10-1-641,
when a developer seeks a
Density Bonus, the City shall
grant incentives or
concessions listed in
Section 10-1-641 as follows:

1. One (1) incentive or concession for projects that include at least ten percent of the total units for low income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a condominium or Planned Development.

2. Two (2) incentives or concessions for projects that include at least 20 percent of the total units for low income households, at least ten percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or Planned Development.

3. Three (3) incentives or concessions for projects that include at least 30 percent of the total units for low income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or Planned Development.

Consistent. The Project
includes a Density Bonus
Application, The Project
provides 15% of the total units
for very low income households
and an additional 15% of the
total units for moderate-income
households. CA State Density
Bonus Law permits the Project
to receive three incentives/
concession, and waivers.

F. A Housing Development
may be entitled to more than
one (1) Density Bonus, but in
no event can the total Density
Bonus for any Housing
Development exceed 35
percent. For example, if a
Developer provides ten
percent of the Housing Units
for Low Income Households
and an additional five percent
Very Low Income, Developer

Not Applicable. The Project
Applicant is requesting the full
density bonus (100%) pursuant
to CA Gov’t Code 65915 which
supersedes this standard.
46 shall be entitled to two (2)
Density Bonuses. Multiple
Density Bonuses will only be
allowed where the affordable
units are separately and
independently counted;
however, in any event, the
maximum Density Bonus for
any Housing Development is
35 percent.

G. In accordance with state
law, neither the granting of a
concession or incentive nor the
granting of a Density Bonus
shall be interpreted, in and of
itself, to require a General
Plan Amendment, zoning
change, or other discretionary
approval.

Consistent.

The Project requests an
incentive for deferral of
development impact fees
pursuant to BMC Section 10-1-
640(A)(3), an incentive for
balcony encroachment into the
front yard pursuant to BMC
Section 10-1-1211, and a waiver
of development standards for
height pursuant to BMC
Section 10-1-806(A). The
requested incentives and waiver
do not require a General Plan
Amendment, zoning change, or
other discretionary approval.

H. If the Director makes any
of the findings set forth in
Government Code
Section 65915 (d)(1), the
written findings shall be
provided to the developer,
who may within 20 days of the
postmarked findings, appeal
the decision to the City
Consistent.

The Project Applicant has
submitted a letter to the City as
part of the submittal requesting
each incentive/waiver and
provided justification for each
waiver that satisfies CA Gov’t
Code Section 65915(d)(1)(A).
47 Council by providing a written
request to the Director.

10-1-636: LAND

DONATION
Not Applicable. The Project
request does not include a
proposal for land donation.

10-1-637: CHILD CARE

FACILITIES
Not Applicable. The Project
request does not include a
proposal for child care
facilities.

10-1-638: CONDOMINIUM

CONVERSIONS
Not Applicable. The Project
request does not include a
proposal to convert existing
condominiums.
10-1-639:

AFFORDABILITY AND

DEVELOPMENT

STANDARDS

A. Affordable Units shall be
constructed concurrently with
Market Rate Units or pursuant
to a schedule included in the
Density Bonus Housing
Agreement.

B. Affordable Units offered
for rent to for low income and
very low income households
shall be made available for
rent at an affordable rent and
shall remain restricted and
affordable to the designated
income group for a minimum
period of 30 years. A longer
period of time may be
specified if required by any
construction or mortgage
financing assistance program,
mortgage insurance program,

Not Applicable. The Project is a
for-sale project.
48 or rental subsidy program
applicable to the housing
development. Affordable
Units targeted to Low Income
Households and/or Very Low
Income Households will not
meet the requirements for
rental inclusionary units
contained in Division 5 of this
Article unless they remain
restricted and affordable for 55
years pursuant to Section
10-
1-651(C). The Director is
authorized to execute the
necessary agreement which
shall be prepared by the City
Attorney

C. Affordable Units offered
for sale to moderate income
households in condominiums
and Planned Developments
shall be sold by the developer
of the housing development at
a price that does not exceed
the Affordable Purchase Price.

At the time of the sale of an
Affordable Unit from the
developer of the Housing
Development to the initial
purchaser, the purchaser shall
execute a promissory note
secured by a subordinate deed
of trust in favor of the City.

The promissory note shall
require payment, upon resale
of the unit, the difference
between the market rate price
of the Affordable Unit at time

49 of the purchaser’s purchase of
the Affordable Unit and the
Affordable purchase price, and
a proportionate share of the
appreciation. Upon a resale,
the seller of the unit shall
retain the market value at the
time of sale of any capital
improvements made by the
seller, the down payment, and
the seller’s proportionate share
of appreciation. The City’s
proportion of the share of
appreciation shall be equal to
the percentage by which the
Affordable Purchase Price was
less than the fair market value
of the Affordable Unit at the
time of the initial sale.

D. Affordable Units shall be
built on site, and shall be
dispersed within the housing
development. The number of
bedrooms of the Affordable
Units shall be equivalent to the
bedroom mix of the non-
Affordable Units of the
housing development, except
that the developer may include
a higher proportion of
Affordable Units with more
bedrooms. The design and
appearance of the Affordable
Units shall be compatible with
the design of the overall
housing development.

Housing developments shall
comply with all applicable
Not Consistent.

The Project Plan submittal
includes 31 two-bedroom units
and 9 three-bedroom units for a
total of 40 units. The six
affordable units are all
50 designated two-bedroom units
and therefore not equivalent to
the bedroom mix of the non-
affordable units.

The designated affordable units
shall comply with the applicable
provisions of the BMC as it
relates to bedroom mix and
distribution through the project
site. To be confirmed as part of
Building Plan Check and noted
51 Development Standards,
except those which may be
modified as provided by this
Division.
as part of the required
Affordable Housing Agreement.

This requirement has been
added as a Project Condition of
Approval (Condition #63).

1. Upon the request of the developer, the City shall permit a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 10-1-635 at the following ratios:

a. Zero to one (1) bedrooms: one (1) onsite parking space.

b. Two (2) to three (3) bedrooms: two (2) onsite parking spaces.

c. Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces.

2. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section only, a housing development may provide “onsite parking” through tandem parking or uncovered parking, but not through on-street parking.

Consistent. This standard is
superseded by CA Gov’t Code
65913.4(d)(2) which states that
the local government shall not
impose parking requirements
for streamlined developments
approved pursuant to this
section that exceed one parking
space per unit. The Project
proposes 45 spaces for 40 units.

F. The Director is authorized
to execute the necessary
agreement which shall be
prepared by the City Attorney.

The agreement shall set forth
affordability restrictions and
granted a concession and
incentive once approved and
appealed, if applicable.

Consistent. The plan submittal
includes two three incentive
requests and a waiver request
in exchange for providing six
affordable units (15% very-low
and 15% moderate income)
52 10-1-640: Development
Standards Modified as
Incentive or Concession

A. Incentives or concessions
that may be requested pursuant
to Section 10-1-635 and
Section 10-1-637 may include
the following

1. A reduction of site Development Standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901. of Division 13 of the California Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

a. Reduced minimum lot sizes and/or dimensions.

b. Reduced minimum lot setbacks.

c. Reduced minimum outdoor and/or private outdoor living area.

d. Increased maximum lot coverage.

e. Increased maximum building height and/or stories.

f. Reduced minimum building separation requirements.

g. Reduced street standards, such as reduced minimum street widths.

2. Approval of mixed use zoning in conjunction with the Housing Development if non-residential land uses will reduce the cost of the Housing Development and if the City finds that the proposed non-residential uses are compatible with the Housing Development and with existing or Planned Development in the area where the proposed Housing Development will be located.

3. Deferred development impact fees (e.g., capital facilities, parkland in-lieu, park facilities, fire, or traffic impact fees).

4. Expedited processing of application.

Consistent.

Per BMC Section 10-1-
19302(B)(3), the Project
Applicant has revised the
Development Plans (dated
11/7/24).

The Project requests an
incentive for deferral of
development impact fees
pursuant to BMC Section 10-1-
640(A)(3), an incentive for
balcony encroachment into the
front yard pursuant to BMC
Section 10-1-1211. The request
for an incentive for balcony
encroachment into the front
yard is a reduction of site
development standards which
exceed the minimum building
standards. As part of the
resubmittal, the Project
Applicant requested a third
incentive for relief from the
53 requirement for plane breaks
and modulations. This is
discussed in the staff report.
54 5. Incentives pursuant to an Inclusionary Housing Development Standard Ordinance in Title 10 including off-site construction of Affordable Units, provided that the necessary findings required under that Ordinance are made;

6. Other regulatory incentives or concessions proposed by the Developer or the City which result in identifiable, financially sufficient, and actual cost reductions.

B. Developers may seek a
waiver or modification of
Development Standards that
will have the effect of
precluding the construction of
a Housing Development
meeting the criteria of
Section
10-1-635 at the
densities or with the
concessions or incentives
permitted by this Division.

The Developer shall show that
the waiver or modification is
necessary to make the Housing
Development, with the
Affordable Units,
economically feasible.

Consistent. The Project
Applicant requests a waiver of
development standards for
height pursuant to BMC
Section 10-1-806(A). The
Project Applicant included a
letter providing justification for
this request pursuant to CA
Gov’t Code Section
65915(d)(1)(A).

C. The Director shall
establish implementing
procedures or regulations to
implement the provisions of
this part, including application
form requirements as well as
the processing requests for
certain concession and
incentives (“Implementing

Consistent. The Project
Applicant included a letter
providing justification for the
requested incentives and
waivers.
55 Regulations”). The
Regulations, and any
substantive changes thereto,
shall be subject to approval by
the Council by resolution. The
Implementing Regulations
may provide more specific
detail regarding the Incentives
or Concessions that the City
may grant pursuant to this
Division. The Regulations
shall provide a tiered approval
process for the Incentives and
Concessions based upon the
level of review: administrative
approval by the Director,
approval by the Planning
Commission, or approval by
the City Council. The
Regulations shall establish
which Incentives or
Concessions require which tier
of approval. The City Clerk
shall maintain a copy of the
current Implementing
Regulations.

D. If the Director makes any
of the findings set forth in
Government Code
Section 65915(d)(1) or (e), the
written finding shall be
provided to developer who
may within 20 days of the
postmarked findings, appeal
the decision to the City
Council by providing a written
request to the Director.

Consistent. The findings made
by the Director will be included
in a letter to the Project
Applicant.
56 10-1-641: Application
Requirements and Review

A. An application for a
Density Bonus, incentive,
concession, waiver,
modification, or revised
parking standard pursuant to
this Division shall be
submitted with the first
application for approval of a
Housing Development and
processed concurrently with
all other applications required
for the Housing Development.

To the extent feasible, a
developer may submit its
application for a Density
Bonus and Incentives or
Concessions with its
Inclusionary Housing Plan in
accordance with Division 14
of this Article in the event
Division 14 is applicable to
the Housing Development.

The application shall be
submitted on a form provided
by the City Planner and shall
include all information
required on the Implementing
Regulations. The
Development Review (“DR”)
Application shall be processed
together with the concession
and incentives and no DR
shall be final until such
concession and incentives
have been final. Appeal of
concession and incentives

Consistent. The Project
Applicant included a letter with
the Application that indicated
the request for Density Bonus
pursuant to CA Gov’t Code
Section 65915. The letter also
included a request for two
incentives and one waiver.
57 shall comply with DR appeal
procedures.

B. An application for a
Density Bonus, Incentive or
Concession, waiver,
modification, or revised
parking standard pursuant to
this Division shall be
considered by and acted upon
by the approval body with
authority to approve the
Housing Development. Any
decision regarding a Density
Bonus, Incentive or
Concession, waiver,
modification, or revised
parking standard may be
appealed to the Planning
Commission and from the
Planning Commission to the
City Council.

C. Before approving an
application for a Density
Bonus, Incentive or
Concession, or other waiver,
or modification, the approval
body, whether the Director,
Planning Commission, or
Council, shall make the
following findings:

1. If the Density Bonus is based all or in part on donation of land, the findings included in Section 10-1-636.

2. If the Density Bonus, incentive, or concession is based all or in part on the inclusion of a Child Care Facility, the findings included in Section 10-1-637.

3. If the incentive or concession includes mixed use development, the finding included in Section 10-1-640.

4. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the Housing Development with the Affordable Units economically feasible.

Consistent. The Project
Applicant submitted a letter
that provides a justification for
the requested incentives and
waiver is necessary to make the
Housing Development with the
Affordable Units economically
feasible.
58 D. If a request for an
Incentive or Concession is
otherwise consistent with this
Division, the approval body
may deny a concession or
incentive if it makes a written
finding, based upon substantial
evidence, of either of the
following

1. The concession or incentive is not required to provide for Affordable Rents or affordable ownership costs.

2. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

Not Applicable. Staff has found
no evidence in support of (D)(1)
or (D)(2)

E. If a request for a waiver
or modification other than
required Incentives or
Concessions is otherwise
consistent with this Division,
the approval body may deny a
concession or incentive only if
it makes a written finding,
based upon substantial
evidence, of one of the
following

1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

2. The additional waiver(s) or modification(s) would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

3. The additional waiver(s) or modification(s) do not preclude the use of the Density Bonus and granted Incentives or Concessions.

Not Applicable. Staff has found
no evidence in support of (E)(1)
or (E)(2) or (E)(3)
F. If a Density Bonus or
Incentive or Concession is
based on the provision of child
care facilities, the approval
Not Applicable. The Project
does not propose a child care
facility.
59 body may deny the bonus or
concession if it finds, based on
substantial evidence, that the
City already has adequate
child care facilities.

10-1-642: Density Bonus
Housing Agreement

A. Developers requesting a
Density Bonus shall agree to
enter into a Density Bonus
Housing Agreement with the
City. A Density Bonus
Housing Agreement shall be
made a condition of the
discretionary planning permits
for all Housing Developments
pursuant to this Division and
shall be recorded as a
restriction on any parcels on
which the Affordable Units or
Density Bonus Units will be
constructed.

This requirement has been added
as a Project Condition of
Approval (Condition #70).

B. The Density Bonus
Housing Agreement shall be
recorded prior to final or
parcel map approval, or, where
the Housing Development
does not include a map, prior
to issuance of a building
permit for any structure in the
Housing Development. The
Density Bonus Housing
Agreement shall run with the
land and bind on all future
owners and successors in
interest.

This requirement has been added
as a Project Condition of
Approval (Condition #70).
60 C. The Density Bonus
Housing Agreement shall
include but not be limited to
the following:

1. The total number of units approved for the Housing Development, the number, location, and level of affordability of Affordable Units, and the number of Density Bonus Units.

2. Standards for determining Affordable Rent or Affordable Ownership Cost for the Affordable Units.

3. The location, unit size in square feet, and number of bedrooms of Affordable Units.

4. Provisions to ensure affordability in accordance with Sections 10-1-639 of this Division.

5. A schedule for completion and occupancy of Affordable Units in relation to construction of Market Rate Units.

6. A description of any incentives, concessions, waivers, or reductions being provided by the City.

7. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

8. Procedures for qualifying tenants and prospective purchasers of Affordable Units.

9. Other provisions to ensure implementation and compliance with this Article.

This requirement has been added
as a Project Condition of
Approval (Condition #70).

D. In the case of for-sale
Housing Developments, the
Density Bonus Housing
Agreement shall include the
following conditions
governing the sale and use of
Affordable Units during the

1. Affordable Units shall be owner-occupied by eligible moderate income households.

2. The purchaser of each Affordable Unit shall execute an affordable housing agreement, inclusive of the promissory note and deed of trust described in Section 10-1-639
approved by the City and to be recorded against the parcel This requirement has been added
as a Project Condition of
Approval (Conditions #70 - #73).
61 applicable use restriction
period:
including such provisions as the City may require to ensure continued compliance with this Division.

E. In the case of rental
Housing Developments, the
Density Bonus Housing
Agreement shall provide for
the following:

1. Procedures for establishing Affordable Rent, filling vacancies, and maintaining Affordable Units for eligible tenants;

2. Provisions requiring verification of household incomes.

3. Provisions requiring maintenance of records to demonstrate compliance with this subsection.

Not Applicable. The Project is a
for-sale housing development.

F. Density Bonus Housing
Agreements for child care
facilities and land dedication
shall ensure continued
compliance with all conditions
included in Section
10-1-
636 and 10-1-637,
respectively.

Not Applicable. The Project
does not propose a child care
facility BMC Section 10-1-637
nor does it propose land
dedication/donation pursuant to
BMC Section 10-1-636.

10-1-643: AUTOMATIC

INCORPORATION BY

REFERENCE OF FUTURE

AMENDMENTS TO THE

STATE DENSITY BONUS
LAW
This Division implements Chapter 4.3, Density Bonuses and other incentives, Government Code Sections 65915-65918. In the event these sections are amended, those amended provisions shall be incorporated into this Division.

Should any inconsistencies exist between the amended state law and the provisions set forth herein, the amended state law shall prevail. Until the Code is formally amended to eliminate any such inconsistencies, the City Planner shall maintain an explanation of all such amendments. A copy of that document shall further be available at the City Clerk’s Office.

Consistent.

The Project is applying for
Density Bonus under California
State Density Bonus Law which
supersedes any inconsistent
sections of the Burbank
Municipal Code.
10-1-644 PURPOSE OF

INCLUSIONARY

ORDINANCE

10-1-645 APPLICABILITY
62 10-1-646: INCLUSIONARY

UNIT REQUIREMENT

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

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:

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.

The Project is meeting the
requirements of the City’s
Inclusionary Housing
Regulations by providing the
proposed affordable units as
follows: 15% very low income
units and 15% moderate
income units. The proposed
number and level of
affordability exceeds the
minimum required 15% low
income units in the City’s
regulations.

ARTICLE 11. GENERAL Not Applicable pursuant to
PROPERTY BMC Code Sections 10-1-
DEVELOPMENT 622(A)(2) and 10-1-806(G)(2).

REGULATIONS
10-1-1101: COMPLIANCE No lot or structure shall be created, erected, altered, or maintained contrary to the provisions of this chapter.

Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1102: ERECTION OF

MORE THAN ONE

STRUCTURE ON A

RESIDENTIAL LOT
The requirement is “Not more than one (1) main structure occupied or intended to be occupied for a permitted or permissible use may be erected on a single residential lot, unless yard and other requirements of this chapter are met for each structure as though it were on an individual lot.” Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
63 10-1-1103: LOT TO HAVE

FRONTAGE
The requirement is “Every building shall be on a lot which has frontage of at least 20 feet on a public or private street.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1104: FRONTAGE ON
ALLEYS
The requirement is “Alleys shall not be considered public streets for street frontage requirements of this chapter.”
Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
10-1-1105: HAZARDOUS
AREAS
The requirement is “The Public Works Director may require a fence or wall not less than six (6) feet in height along the perimeter of any area which they consider dangerous because of conditions or physical hazards on the property, such as frequent inundation, erosion, excavation, or grade differential.” Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
10-1-1106: USES IN

COMPLETELY

ENCLOSED BUILDINGS
The requirement is “When a use is required to be conducted in a completely enclosed building there shall be no openings on any side that faces residentially zoned property except as otherwise allowed by this section. Stationary windows not capable of being opened are not considered openings within the meaning of this section. Openings for the ingress or egress of persons or vehicles shall be permitted on a side that faces residentially zoned property upon the condition and requirement that said openings shall not be allowed to remain open except during the passage of persons or vehicles through such openings. As used in this section, the side of an enclosed building faces residentially zoned property if any point on the outer surface of the subject side of said enclosed building is within 150 feet of any point on the property line of said residentially zoned property as measured along any line within the horizontal scope of 45 degrees and 135 degrees from such point upon the surface of the subject side of said enclosed building.” Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
10-1-1108: OPEN

STORAGE AREAS MUST

BE ENCLOSED
Open storage areas in commercial and industrial zones shall have an opaque masonry wall surrounding the storage area at least six (6) feet in height and in good repair, except where the storage area is bounded by a building. The stored material shall be kept below the horizontal plane of the top of the wall. The provisions of this section shall not apply to the open display of merchandise for sale in connection with a use permitted in the zone.

Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
64 10-1-1109: JUNK YARDS

MUST BE FENCED
The requirement is “Junk yards shall have an opaque masonry wall entirely surrounding the property, at least eight (8) feet in height and in good repair. The height of the junk, wrecked automobiles, airplanes, or other machinery shall be kept below the horizontal plane of the top of the wall.” Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
10-1-1110: ACCESSORY

BUILDINGS CONVERTED

TO LIVING QUARTERS
The requirement is “No person shall erect, construct, place or maintain any roof or shade structure over a mobile home located within a mobile home park.” Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
10-1-1114: ART IN PUBLIC
PLACES
Refer to Zoning Code BMC Sections 10-1-1114 (A-L) The Project may be exempt if the building valuation is $1.5
million or less pursuant to 10-1-
1114(K)(5),
10-1-1115: ARCADE

DEVELOPMENT

REGULATIONS
Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
10-1-1116: ALCOHOLIC

BEVERAGES - ON-

PREMISES AND OFF-
PREMISES;

CONDITIONAL USE

PERMIT REQUIRED
Not Applicable pursuant to
BMC Code Sections 10 -1-
622(A)(2) and 10-1-806(G)(2).
10-1-1117: BILLIARD

PARLOR DEVELOPMENT

STANDARDS
N/A
10-1-1118: WIRELESS

TELECOMMUNICATIONS
FACILITIES.

REGULATIONS AND

DEVELOPMENT

STANDARDS
N/A
10-1-1120: ADULT
BUSINESSES:

REGULATIONS AND

DEVELOPMENT

STANDARDS
N/A
65 10-1-1121: SHOPPING

CART CONTAINMENT
N/A
10-1-1122: EMERGENCY

SHELTER

DEVELOPMENT

STANDARDS
N/A
10-1-1123: TEMPORARY

AID CENTER

DEVELOPMENT

STANDARDS
N/A
ARTICLE 13. GENERAL

HEIGHT STANDARDS

DIVISION 1. HEIGHTS

FOR BUILDINGS, WALLS

AND FENCES

10-1-1301: EXCEPTIONS

TO BUILDING HEIGHT
LIMITS
“This Section applies to all zones except the R-1 and R-1-H zones. Height limits for the R-1 and R-1-H zones are specified in Section 10-1-603. Except as otherwise provided, skylights, fire and parapet walls, chimneys, ventilating fans, antennas (except personal wireless telecommunication facilities), tanks, flagpoles, penthouses or roof structures for housing elevators, lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it may be erected up to 15 feet above the height limits prescribed in this chapter, but no penthouse or roof structure shall be allowed for the purpose of providing additional floor area. A Conditional Use Permit is required if the appurtenance exceeds the height limit by more than 15 feet. Rooftop mechanical, storage and building circulation facilities are excluded from height limits, provided that these facilities do not occupy more than one-third (1/3) the area of the roof, are located in the interior of the roof area, and are screened so as to minimize pedestrian level view from public streets or from any neighboring residential uses. A Conditional Use Permit is required if the appurtenance is more than one-third (1/3) the area of the roof.

Appurtenances do not include roof forms and architectural features which are not required to operate or maintain a building, such as ornamental towers, spires, steeples, belfries and cupolas.”
Not Applicable. The Project is
approximately 75 feet from the
closest R -1-H lot line across
Mariposa Street. Therefore the
maximum height permitted
pursuant to BMC 10-1-624(D) is
40 feet. The proposed maximum
height for the project is 63.7 feet
and is permitted pursuant to the
Project Applicant’s request of a
waiver from the height
requirements in BMC Section
10-1-624, Subsection D (Height)
items 1 through 10), pursuant to
State Density Bonus Law (CA
Govt. Code Section 65915).
66 10-1-1303: CORNER
CUTOFF
The requirement is “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.

Not Applicable
10-1-1304.5 NOTICE OF

BUILDING HEIGHT
Whenever notice is required in accordance with this Chapter such that the height of a building is identified, the actual height shall be indicated by adding and identifying the following: 1) building height; 2) any additional height for roof and architectural features (if any); and 3) any additional height exception pursuant to Section 10-1-1301 (if any).

Not Applicable
DIVISION 2. HEIGHTS

SURROUNDING BOB

HOPE AIRPORT
Not Applicable
10-1-1305 through 10-1-1309 N/A
67 ARTICLE 14. GENERAL

OFF-STREET PARKING

STANDARDS

DIVISION 1. GENERAL

PROVISIONS

10-1-1401: PARKING

SPACE DIMENSIONS
Residential Use: 8’-6” minimum width
Retail and Services Commercial: 9’-0” minimum width

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.

PARKING BAY WIDTHS FOR TW0-WAY TRAFFIC AND DOUBLE LOADED AISLES

Minimum Stall Length = 18'-0”

8’-6” width (90 degree angled parking): 63' - 4"

9’-0” width (90-degree angled parking): 61' - 4"

Consistent. The Project
proposes 45 parking spaces and
all parking spaces meet the
minimum required dimension.
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.

Consistent. Off-street parking is
proposed in an on- site parking
garage. There are no major or
secondary highways in the
vicinity of the Project site.
10-1-1404: TANDEM

PARKING

10-1-1404(6) – Multifamily
Residential
Tandem parking is permitted in multiple family residential zones only as permitted in Section 10-1-628(I).

Consistent. The Project
proposes 45 parking spaces and
all parking spaces meet the
minimum required dimension.

The Project meets subsection 4
by providing 4 tandem parking
68 spaces (8 total spaces) for 4
units and 37 parking spaces for
the remaining 36 units.
10-1-1405: PARKING OR

STORING AIRPLANES,
BOATS, VEHICLES, ETC.

WITHIN CERTAIN

YARDS IN RESIDENTIAL
ZONES
No airplane, boat, house car, mobile home, motor vehicle, trailer, or part of such vehicle, shall be parked or stored in the front yard of any lot in a residential zone, or the side yard facing a street on a corner or reverse corner lot in a residential zone, except that:

1. Passenger vehicles as defined in the State Vehicle Code, excluding house cars;

2. House cars not exceeding 22 feet in length;

3. Pickup trucks not used for commercial purposes; and

4. Motor trucks while on business calls; may be parked on permanently constructed driveways within such front or side yards, if currently licensed by the State Department of Motor Vehicles and capable of movement under their own power or temporarily disabled for not to exceed 72 hours while so disabled. This section shall not apply to vehicles parked on publicly owned or operated property.

Not Applicable. The Project is
not located in a residential zone.
10-1-1405.5: BICYCLE

PARKING SPACES

A. Definition A BICYCLE PARKING SPACE shall be defined as the space for one (1) bicycle in a bicycle rack which is affixed to a permanent surface.

The Project proposes 16 bicycle
spaces.

B. Installation and
Maintenance Requirements
Bicycle parking facilities shall be installed in a manner which allows adequate space for access when the facilities are occupied, and shall be located so as to minimize the blocking of any public sidewalks or right-of-way. An encroachment permit from the Public Works Department is required for any encroachment into the public right-of-way.

Bicycle parking facilities shall be located on a hard paved surface and shall be painted with a protective coating to prevent rusting and shall be well maintained.

Consistent. Sheet 9 depicts the
bicycle parking facilities located
within the proposed parking
garage. There are no bicycle
facilities proposed outside of the
building.
69 C. Bicycle Parking for
Arcades/Billiard/Parlors
For all arcades and billiard parlors, one (1) bicycle space shall be provided for each 150 square feet of adjusted gross floor area.

Not Applicable.
10-1-1406: SITE PLAN “A site plan containing a detailed parking arrangement accurately dimensioned, showing individual parking spaces, aisles and driveways indicating adequate ingress and egress, as well as location, size, shape, design, curb cuts, lighting, landscaping, and other features and appurtenances of the proposed parking, as provided in Article 19, Division 2 of this chapter, shall be submitted to the Building Director when application is made for a building permit requiring compliance with this article. The site plan shall be referred to the Building Director for approval.”
Not Consistent.

The Project provided a site plan
containing a detailed parking
arrangement accurately
dimensioned, showing
individual parking spaces, aisles
and driveways indicating
adequate ingress and egress, as
well as location, size, shape,
design, curb cuts, landscaping,
and other features and
appurtenances of the proposed
parking.

General Note 3 on Plan Sheet 2
indicates the project will
comply with BMC 10-1-1420.

General Note 10 on Plan Sheet
2 indicates the project will
comply with BMC 10-1-624(V).

The site plan did not indicate
70 lighting.
10-1-1407: USE OF

VACANT LOTS IN

RESIDENTIAL AND

COMMERCIAL ZONES

FOR PARKING

VEHICLES
Not Applicable.
10-1-1407.01: USE OF

PARKING AREAS FOR

STORAGE
“All required parking shall be used solely as customer and employee parking of motorized vehicles. No required parking shall be used for the temporary or permanent storage of any other motor vehicles, or any products or materials for production, repair, sale or lease.”
Not Applicable.
10-1-1407.1: CENTRAL

BUSINESS DISTRICT

DOWNTOWN PARKING
AREA
All required parking shall be used solely as customer and employee parking of motorized vehicles. No required parking shall be used for the temporary or permanent storage of any other motor vehicles, or any products or materials for production, repair, sale or lease.

Not Applicable.
71 DIVISION 2. PARKING

REQUIREMENTS

10-1-1408: SPACES

REQUIRED
The requirement is “Residential Uses: As provided for each residential zone in Article 6 of this chapter.

Consistent. This section is
superseded by CA Gov’t Code
Section 65913.4(d)(2)
10-1-1409: WAIVER

WITHIN A PARKING

DISTRICT
Except for buildings or parts of buildings designed, intended to be used, used or occupied for residential use, all or a portion of the required off-street parking may be waived by the Planning Commission when the property for which the parking is required is located within the boundaries of an assessment district for the acquisition of publicly owned automobile parking if either:

1. The Planning Commission finds that there are sufficient publicly owned automobile parking spaces in the vicinity to justify the waiver without detriment to the public health, welfare and safety; or

2. The owner or occupant of the property on which the waiver is to be applied pays to the City an amount equal to the fair market value of the waived parking space, the area of which shall be determined by the number of required spaces times 300 square feet, and the cost of converting such space into a parking lot, as estimated by the Public Works Director.

Before granting a waiver, the Planning Commission shall report its proposed action to the Council for approval. If the Council disapproves, the waiver shall not be granted.

Not Applicable.
10-1-1410: WAIVER AS TO

EXISTING USES
Not Applicable
10-1-1411: MUST SERVE
ONE USE; EXCEPTIONS
The requirement is “Off-street parking for one use shall not be considered as providing required off-street parking for any other use, except as expressly authorized by this article.”
Consistent. There is only one use
proposed for this site.
10-1-1412: Location of
Parking Areas

72 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.

Consistent. Required parking is
provided in the proposed
parking garage on site.
10-1-1413:

MEASUREMENT OF

DISTANCES
The requirement is “The distance of off-street parking from the building it is required to serve shall be based upon the shortest walking distances from the nearest point of the off-street parking to the nearest point of the building or use served.”
Consistent. The parking garage
is located underneath the multi-
family residential building.
10-1-1414: OFF-SITE

PARKING AGREEMENT

FOR NON-SHARED AND

EXCLUSIVE PARKING
Not Applicable.
10-1-1415: SHARED
PARKING AGREEMENT –

ON OR OFF-SITE
Not Applicable.
10-1-1416:

APPLICABILITY OF

PARKING AREA

REQUIREMENTS
The requirement is “The requirements of Sections 10-1-1417, 10-1-1421, and 10- 1-1422 apply to all parking areas located in all zones. The requirements of Sections 10-1-1417.1 through 10-1-1420 inclusive apply to all parking areas located in 1) all non-residential zones and 2) in residential zones which provide parking for uses located in a non-residential zone.”

DIVISION 4.

IMPROVEMENT OF

PARKING AREAS

10-1-1417: PARKING LOT

DESIGN STANDARDS

73 A. All off-street parking
areas and accessways shall be
graded, paved, and marked as
follows

1. All paved areas used for parking, loading, or vehicle circulation shall be designed consistent with accepted engineering principles for the largest type of anticipated vehicle loading in order to minimize future maintenance and safety hazards.

2. Surfaces shall be paved with concrete or suitable asphaltic surfacing to prevent the emanation of dust.

3. Surfaces shall be graded and drained in accordance with standards prescribed by the Public Works Director.

4. Parking spaces and access lanes shall be clearly marked including the use of directional arrows when necessary to guide internal movements.

Consistent.

B. The Public Works
Director, Community
Development Director, and/or
the Planning Commission may
place special requirements on
an individual site to reduce or
increase the number, width,
and location of driveways in
order to reduce traffic hazards,
decrease paved area, or
mitigate on-street parking
problems. The Public Works
Director, Community
Development Director, and/or
the Planning Commission may
require that access, either
primary or secondary, take
advantage of existing public
alleys.

Not Applicable.

C. Parking and directional
signs shall be provided in
accordance with the Burbank

74 Municipal Code or when
required by the Public Works
Director.

D. Barriers shall be provided
as follows:

1. Safety barriers, protective bumpers, or curbing and directional markers shall be provided to ensure pedestrian and vehicular safety and efficient utilization and protection of landscaping, and to prevent encroachment onto adjoining public or private property.

2. Concrete curbs at least six inches high shall be installed to serve as wheelstops for cars next to streets, sidewalks, buildings, or other structures, and as protective edging for planting areas.

Consistent.

(D)(1) – Conditions of
Approval will be added to
ensure compliance with these
standards.

(D)(2) - Sheet 9 depicts wheel
stops in each parking space.

E. All open space areas
designed for active or passive
recreation purposes shall be
physically separated from
parking areas and driveways in
a fashion necessary to protect
the safety of all pedestrians.

Consistent. The Parking area is
completely enclosed underneath
the building. The open space
areas are located on the
building podium and in the rear
of the site.

F. Visibility of pedestrians,
bicyclists, and motorists shall
be ensured when entering
individual parking spaces,
when circulating within a
parking facility, and when
entering and exiting a parking
facility.

Consistent. The parking garage
is designed with accepted
engineering principles. The
parking garage includes 24’ –

27.5’ wide drive aisles to allow
safe circulation within the
parking area.

Conditions of Approval will be
added to ensure compliance
with these standards.

G. Internal circulation
patterns and the location and
traffic direction of all access
drives shall be designed and
maintained in accordance with
accepted principles of traffic
Consistent. The parking garage
is designed with accepted
engineering principles. The
parking garage includes 24’ –

27.5’ wide drive aisles to allow
75 engineering and traffic safety.

All vehicle movements
involved in loading, parking,
or turning around shall occur
on-site.
safe circulation within the
parking area.

Conditions of Approval will be
added to ensure compliance
with these standards.

H. All parking lots shall be
maintained as follows:

1. All paved areas shall be maintained in the manner required to eliminate safety hazards, standing water, weeds, inefficient drainage patterns, and deterioration of sub-base materials. Paved areas shall be impervious to water and shall be maintained in a sanitary condition free from refuse and debris.

2. All trees and landscape areas shall be maintained as per Section 10-1-1418:E.

3. All property owners shall perform such maintenance as required by the Community Development Director within 45 days following written notification of any pavement, landscaping, or irrigation maintenance deficiencies pursuant to this section and within seven days following written notification of unsanitary or unsafe conditions.

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
Consistent. The parking areas,
trash enclosures, and utility
cabinets are completely
screened from public view. The
parking area and trash
enclosure are located
underneath the building and
the transformer and switch pad
area, located at the southwest
corner of the site, is screened
from view by a 7-foot-tall CMU
wall.
76 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.

10-1-1417.2: PARKING

LOTS ABUTTING AND

ADJACENT TO

RESIDENTIAL ZONES
N/A
10-1-1418: LANDSCAPING
A. All interior areas not used
for parking spaces or driving
aisles in a parking lot shall be
landscaped. The following
areas are exempt from this
section:

1. Residential parking areas in R-1 and R-2 zones,

2. Parking structures, carports, and enclosed parking spaces,

3. Truck loading areas in front of overhead doors,
The Project is exempt from this
standard because all proposed
parking is located within a
parking structure.
77 4. Truck maneuvering and parking areas unconnected to, and exclusive of, any vehicle parking,

5. Surfaced areas not to be used for vehicle parking, driving, or maneuvering, provided they are made inaccessible to vehicles by a barrier such as bollards of fencing.

6. Vehicle display, sales, service, and storage areas.

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.

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.

Not Applicable.
78 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.

C. Tree Shading
Requirements

1. Trees shall be planted and maintained throughout the parking lot to ensure that, within 15 years after establishment of the parking lot, at least 50 percent of the parking lot will be shaded.

a. The shade trees shall be a species that will provide a canopy-style effect.

b. Shade trees shall be a minimum 36-inch box size at planting. If a minimum 36-inch box size is determined to be technologically infeasible or impractical, the 36-inch box size may be substituted with two, 24-inch box sized trees at the discretion of the Director.

2. Upon completion of the installation of the shade trees, a licensed landscape architect shall certify that the shading complies with all requirements of this section. Certification shall be accomplished in a manner to be determined by the Director.

3. Tree species appropriate for providing shade in parking lots shall be selected from “Street Trees Recommended for Southern California” as published by Street Tree Seminar, Inc. unless an applicant can demonstrate that it is technologically infeasible, impractical or inconsistent with the landscape design of the proposed parking lot to select such tree.

Not Applicable.

D. Tree Shading Calculation 1. Landscape and shading plans shall show the estimated tree canopies after 15 years of growth, the specific names, sizes and locations of trees to be planted, and Not Applicable.
79 the total area in square feet of the area shaded by tree canopies. In determining the area shaded, the following methodology shall be used:

a. Shading shall be calculated using the expected diameter of the tree canopy at 15 years. The Director may establish assumed expected canopy diameters.

b. Shaded area on the pavement shall be measured assuming that the shaded area is only that area directly under the tree canopy or dripline.

Diagram 10-1-1418(A) illustrates the manner in which shade is credited under various conditions.

c. The shading plans shall include a shade calculation table identifying the quantity and type of trees used and the percentage of shade credited to each. Diagram 10-1-1418
(B) illustrates the format
of the shade calculation table.

d. Landscape planters under the canopy may be counted as shaded area, except in required setback areas.

2. The Director shall have the discretion to modify tree shading requirements under power lines and other obstructions which prohibit strict compliance with shading requirements, and to give shading credit for photovoltaic arrays, off-site trees and structures, canopies, and other structures, where appropriate.

E. Maintenance 1. The maintenance obligations provided herein shall apply to all parking facilities, whether approved prior to or after the effective date of these requirements.

2. All trees and landscape areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.

3. All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects, and diseases.

Not Applicable.
80 4. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage, or appearance.

5. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning conducted as part of regular maintenance.

6. Trees may not be trimmed or pruned to reduce the natural height, canopy size, or overall crown of the tree, except as necessary for health of the tree and public safety. All tree care shall comply with the current appropriate International Society of Arboriculture and American National Standards Institute standards.

7. Any required tree or other plants that die or are improperly maintained shall be replaced with healthy specimens of similar species or size, provided that the replacement trees shall be a minimum of 36-inch box size and shall not be required to exceed 48-inch box size.

8. Removal and replacement of trees that have caused damage to City sidewalks or other City infrastructure shall be reviewed and approved by the appropriate City Department.

10-1-1419: PARKING

STRUCTURES
Consistent.
10-1-1420: LIGHTING The requirement is “All off-street parking areas shall be provided with lighting as follows:

1. Lights conforming to standards prescribed by the Public Works Director shall be installed in all nighttime parking lots used for public parking or for commercial purposes.

2. All lighting shall be arranged to prevent glare or direct illumination on adjoining properties and streets.”
Not Consistent. A lighting plan
was not provided with this
submittal and staff is unable to
determine compliance with
these standards. Per BMC
Section 10-1-19302(B)(3), the
Project Applicant has revised
the Development Plans (dated
11/7/24) and has been required
to comply with applicable
standards as part of the
Project’s Condition of
Approval that such noted
standard will be met as part of
81 the plan check submittal.

General Note #3 on Plan Sheet
2 indicates the Project will
comply with BMC 10-1-1420.

10-1-1421: MAINTENANCE All off-street parking areas shall be maintained in good condition. A Condition of approval will be added to ensure compliance
with this standard.
82 10-1-1422:

PREREQUISITES TO

IMPROVEMENT AND USE

ARTICLE 16. GENERAL

VEHICULAR ACCESS

STANDARDS

10-1-1601: ACCESS TO
STREET
The requirement is “Every lot shall be provided with permanent vehicular access to a street or an alley upon which it abuts.”
Consistent. The Project
proposed one vehicular access
driveway along Mariposa
Street.
10-1-1602: CURB CUTS The requirement is “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.” Consistent. Project plans
indicate that the vehicular
access way is located more than
30 feet away from Valleyheart
Drive. The Project is located in
the M-1 Zone and the proposed
curb cut is 20’ wide.
10-1-1603: DRIVEWAY
WIDTH
The requirement is “Every driveway shall be at least 10 feet wide, and a maximum as approved by the Director.”
Consistent. The proposed
driveway is 20’ wide.
10-1-1604: DRIVEWAY
SLOPES
The requirement is “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.”
Consistent. The plan submittal
indicates the driveway slope is
20% which is the maximum
permitted.
10-1-1605: PROTECTIVE

BARRIER IN
The requirement is “Where a vehicular access is provided to a street in a nonresidential zone, a barrier consisting of a three (3) foot high masonry wall, or Addressed by the Applicant
83 NONRESIDENTIAL
ZONES
such other protective barrier as may be approved by the Director, shall be constructed along the remaining street frontage of the lot to prevent unchanneled motor vehicle ingress or egress to the property. In commercial zones, the protective barrier shall also have the same aesthetic screening effect as a block wall, as approved by the Director.”

10-1-1606: TURN AROUND
AREAS
The requirement is “A 24 foot turning radius shall be provided for access to driveways and right-angle parking stalls.”
Consistent. Sheet 6 depicts the
24-foot turning radius for safe
access to right angle parking
stalls and the driveway.
10-1-1607: APPROVAL BY

PUBLIC WORKS

DIRECTOR
The requirement is “All vehicular accessways to the street must be approved by the Public Works Director.”

10-1-1608: DRIVE-

THROUGH

RESTAURANTS

10-1-1609:

RESIDENTIALLY

ADJACENT DRIVE-

THROUGH

ESTABLISHMENTS
Not Applicable
Article 17. PROTECTION

AGAINST NUISANCES

10-1-1701-1707
Conditions of Approval will be
added to ensure compliance
with these standards.

BURBANK GENERAL
PLAN 2035

Policy 1.8 Ensure that development in Burbank is consistent with the land use designations presented in the Land Use Plan and shown on the Land Use Diagram, including individual policies applicable to each land use designation.

Consistent.
84 Policy 2.3 Require that new development pay its fair share for infrastructure improvements.

Ensure that needed infrastructure and services are available prior to or at project completion.

The Project provides adequate
open space and amenities in
residential projects that
encourage residents to gather
and that supplement public
open spaces.

Conditions of Approval will be
added to ensure compliance
with these standards.

Policy 2.5 Require the use of sustainable construction practices, building infrastructure, and materials in new construction and substantial remodels of existing buildings.

Conditions of Approval will be
added to ensure compliance
with these standards.

Policy 4.6 Provide adequate open space and amenities in residential projects that encourage residents to gather and that supplement public open spaces.

Consistent.

The project provides open
space and amenities. The
common open space and
amenities provided is located in
the interior and the rear of the
site.

MOBILITY ELEMENT
CHAPTER –
TABLE M-2, SIDEWALK

STANDARD, RANCHO

COMMERCIAL
Standard Sidewalk Width – 15 feet (10 feet minimum)
City of Burbank Complete
Streets Objective
Development Standards
(CSODS)

Section 3.2 Curb Ramps Install pedestrian ramp at curb between driveway and southern property line across from SW corer of Mariposa and valley Heart. This is referenced in City of Burbank CSODS section 3.2 adopted June 27, 2023. Curb at driveway shall be Type 2 per Burbank Standard Plan BS-103.

Consistent.
85 Section 4.1.2 Types of
Bicycle Racks
All bicycle racks shall be painted (powder coated) with a protective coating to prevent normal wear and tear. Bicycle racks that support the bicycle solely by the wheel or by one point on the bicycle frame are not permitted.

All racks shall support the bicycle in a stable position and allow cyclists to secure their frame at two points

Section 5.1 Horses Off-
Street, On a Barrier
Separated Bridle Path
Standards

Points where equestrian path crosses the driveway and pedestrian access paths shall have a surface of concrete with stiffbroom finish

The equestrian path shall be separated from the Pedestrian Zone of the Sidewalk area by a 4-foot lodgepole fence

BURBANK GREENHOUSE

GAS REDUCTION PLAN
(GGRP) UPDATE
(ADOPTED BY CITY
COUNCIL ON MAY 3, 2022)

Burbank City CouncilNovember 26, 2024

Burbank City Council
November 26, 2024